Legislature(1993 - 1994)
01/21/1994 01:30 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
January 21, 1994
1:44 p.m.
TAPE HFC 94-9, Side 2, #000 - end.
TAPE HFC 94-10, Side 1, #000 - end.
TAPE HFC 94-10, Side 2, #000 - 346.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:44 p.m.
PRESENT
Co-Chair Larson
Co-Chair MacLean Representative Martin
Vice-Chair Hanley
Representative Brown Representative Parnell
Representative Foster
Representatives Grussendorf, Hoffman, Navarre and Therriault
were not present for the meeting.
ALSO PRESENT
Representative Jeannette James; Representative David
Finkelstein; Edward McNally, District Attorney, Department
of Law; Dean Guaneli, Randy Crawford, Alaska State Troopers,
Department of Public Safety; Assistant Attorney General,
Department of Law; Barbara Bennett, Chair, Coalition for the
Homeless; Helen Farmer, Anchorage; Charles Lippitt,
Anchorage; Joe Lawlor, Homer; Carl Kronberg, Ketchikan;
Christine Hoss, Alaska Legal Services; James Fisher, Juneau;
Sherrie Goll, Alaska Women's Lobby; Robert Vanhatten,
Fairbanks.
SUMMARY INFORMATION
HB 222 "An Act relating to landlords and tenants, to
termination of tenancies and recovery of rental
premises, to tenant responsibilities, to the civil
remedies of forcible entry and detainer and
nuisance abatement, and to the duties of peace
officers to notify landlords of arrests involving
certain illegal activity on rental premises."
CSHB 222 (JUD) was HELD in Committee for further
discussion.
SB 19 "An Act relating to the crime of conspiracy."
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HCS CSSB 19 (FIN) was reported out of Committee
with a "do pass" recommendation and with four
fiscal impact notes, two by the Department of
Administration, one by the Department of
Corrections and one by the Alaska Court System;
and with two zero fiscal notes, one by the
Department of Law and one by the Department of
Public Safety.
SENATE BILL NO. 19
"An Act relating to the crime of conspiracy."
Representative Brown provided members with AMENDMENT 3 (copy
on file). Representative Brown MOVED to ADOPT AMENDMENT 3.
She expressed concern that an individual's "mere presence at
the time that two or more persons agreed to engage in or
cause the performance of a serious felony offense," not be
construed as agreement in the action.
Representative Brown MOVED to AMEND Amendment 3 by adding a
"." after "offense" and deleting the rest of Amendment 3.
There being NO OBJECTION, it was so ordered.
EDWARD MCNALLY, DISTRICT ATTORNEY, ANCHORAGE, DEPARTMENT OF
LAW testified via the teleconference network from Anchorage.
He asserted that Amendment 3 is unnecessary, redundant and
possibly confusing to existing law. He observed that in at
least three separate citations existing law states that mere
presence or knowledge of a crime is not sufficient for
prosecution.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW
suggested that if Amendment 3 is adopted that it be added to
subsection (a) on page 1.
Co-Chair Larson MOVED to AMEND Amendment 3 by adding
Amendment 3 to page 1, line 8 of CSSB 19 (FIN)am. There
being NO OBJECTION, it was so ordered.
Representative Parnell asked if the fact that mere presence
is not enough to convict a person under the statutes would
be part of the jury instructions. Mr. McNally believed
that juries would receive such instructions.
BRANT MCGEE, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT
OF ADMINISTRATION testified via the teleconference network
from Anchorage. He pointed out that conspiracy is a new
offense. He maintained that the court may not apply the
same construction to a conspiracy statute that they do to a
homicide statute.
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Mr. Guaneli asserted that a charge would not be made without
additional evidence. Representative Hanley restated that
intent and existing case law provides that mere presence is
not sufficient to bring a charge without an agreement,
intent and an overt action.
Representative Brown MOVED to ADOPT AMENDMENT 3, as AMENDED.
Representative Martin OBJECTED. A roll call vote was taken
on the motion.
IN FAVOR: Brown, Hanley, Parnell, MacLean, Larson
OPPOSED: Martin, Foster
Representatives Grussendorf, Hoffman, Navarre and Therriault
were not present for the vote.
The MOTION PASSED (5-2).
Representative Brown provided members with AMENDMENT 4 (copy
on file). She MOVED to ADOPT AMENDMENT 4. She explained
that the amendment would disallow a conspiracy comprised of
two persons if one of the persons was a law enforcement
official or a person working in cooperation with a law
enforcement official.
Mr. Guaneli expressed objection to Amendment 4. He asserted
that the amendment would limit prosecution. He observed
that an undercover law enforcement officer may be approached
in a narcotics sale by an individual who obtains the
narcotics from a third unseen individual. He pointed out
that individuals that work undercover with law enforcement
officers may commit crimes at a later time. Their previous
association with law enforcement officers may hinder
prosecution of an unrelated act of conspiracy.
Mr. McNally expressed concern that in a two person
conspiracy case if one defendant cooperates with law
enforcement the conspiracy charge would be nullified.
RANDY CRAWFORD, ALASKA STATE TROOPERS, DEPARTMENT OF PUBLIC
SAFETY testified via the teleconference network from
Anchorage. He pointed out that most operations involving
undercover agents are recorded. He noted that it is typical
for persons being arrested to come forward with information
about a third person or about an additional crime involving
others.
Representative MOVED to ADOPT AMENDMENT 4. A roll call vote
was taken on the motion.
IN FAVOR: Brown
OPPOSED: Foster, Hanley, Martin, Parnell, MacLean, Larson
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Representatives Grussendorf, Hoffman, Navarre and Therriault
were not present for the vote.
The MOTION FAILED (1-6).
Representative Brown provided members with AMENDMENT 5 (copy
on file). She MOVED to ADOPT AMENDMENT 5. She explained
that the amendment would allow an individual involved in a
conspiracy to renounce their involvement.
Mr. Guaneli observed that the amendment would address how
the end of the conspiracy is calculated for purpose of the
five year statute of limitations. He did not think the
amendment was necessary. He asserted that language
contained in the legislation better clarifies the
calculation.
Representative Brown referred to subsection 3 of Amendment
5, "the defendant abandons the agreement by advising the
persons with whom the defendant agreed".
Mr. Guaneli observed that when an individual agrees to
engage in a criminal act a process is begun that can "take
on a life of its own," even if the individual renounces
their involvement. He added that it is difficult to prove a
renunciation that takes place in secret.
(Tape Change, HFC 94-10, Side 1)
Representative Brown WITHDREW AMENDMENT 5. There being NO
OBJECTION, it was so ordered.
Representative Martin MOVED to report HCS CSSB 19 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
Co-Chair Larson noted that the bill would not be transmitted
until absent members have a chance to review the Committee's
proceedings on Monday, 1/24/94.
HCS CSSB 19 (FIN) was reported out of Committee with a "do
pass" recommendation and with four fiscal impact notes, two
by the Department of Administration, one by the Department
of Corrections and one by the Alaska Court System; and with
two zero fiscal notes, one by the Department of Law and one
by the Department of Public Safety.
HOUSE BILL NO. 222
"An Act relating to landlords and tenants, to
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termination of tenancies and recovery of rental
premises, to tenant responsibilities, to the civil
remedies of forcible entry and detainer and nuisance
abatement, and to the duties of peace officers to
notify landlords of arrests involving certain illegal
activity on rental premises."
REPRESENTATIVE JEANNETTE JAMES reviewed her sponsor
statement. She noted that CSHB 222 (JUD) would allow an
expedited eviction of a tenant who damages the premises or
fails to pay rent, make the legal obligations of a tenant
more stringent, expand the state's nuisance abatement
statutes to include more offenses, make the process more
accessible for landlords and require peace officers to
notify the landlord when a tenant has been arrested for
certain criminal offenses.
ROBERT VANHATTEN, FAIRBANKS testified via the teleconference
network from Fairbanks. He spoke in opposition to CSHB 222
(JUD). He noted that renters would have less time to
relocate.
BARBARA BENNETT, CHAIR, ALASKA COALITION ON HOUSING AND THE
HOMELESS testified via the teleconference network from
Anchorage. She maintained that the legislation would
exacerbate the problem of homelessness. She noted that
there is a 2 percent availability in rental housing in
Anchorage. She suggested that mediation be used to resolve
difficulties between renters and landlords.
Representative James maintained that more landlords would
rent their property if legislation supporting stronger
landlord rights is passed.
ALICE BREWER, ANCHORAGE testified via the teleconference
network in support of CSHB 222 (JUD). She asserted that the
legislation will help good tenants. She suggested that the
10 day notice on page 2, line 16 be changed to 5 days. She
asked that "knowingly" be deleted on page 10, line 4.
JOE LAWLOR, ANCHORAGE testified via the teleconference
network. He maintained that the current law is sufficient.
He asserted that landlords need to screen tenants. He
concluded that CSHB 222 (JUD) will increase homelessness.
CARL KRONBERG, ALASKA COALITION ON HOUSING AND THE HOMELESS
testified via the teleconference network from Ketchikan. He
pointed out that there is a rental shortage in Ketchikan.
He expressed concerns that there would not be enough time to
assure that tenants receive due process of the law.
CHARLES LIPPITT, ANCHORAGE testified via the teleconference
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network. He spoke in favor of CSHB 222 (JUD). He pointed
out that mortgage companies do not allow landlords to pay
their mortgage payments only if the rent is collected. He
added that landlords must pay a delinquent rate if their
payments are late. He observed that landlords may rent
properties by phone.
BARBARA HOOD, ANCHORAGE testified via the teleconference
network. She maintained that current laws are sufficient.
She observed that many small landlords are not familiar with
existing law. She noted that the legislation does not
address abusive landlords. She asserted that the
legislation is one-sided. She concluded that landlords have
remedies under existing law.
Representative Parnell asked the fastest eviction time. Ms.
Hood replied that eviction usually takes place 2 to 3 weeks
after the rent was due.
(Tape Change, HFC 94-10, Side 2)
CHRISTINE HOSS, ALASKA LEGAL SERVICES testified via the
teleconference network from Anchorage. She pointed out that
there are problems with abusive landlords. She asserted
that the legislation would allow additional abuses. She
gave examples of abusive landlords. She argued that 2 weeks
is a reasonable time to expect an eviction. She felt that
tenants need sufficient time to defend themselves. She
maintained that a shorter eviction period would provide an
inequality in the landlord\tenant relationship.
JOE GRAHAM, ANCHORAGE testified via the teleconference
network, in favor of CSHB 222 (JUD). He requested that the
notice time be shortened to 5 days. He observed that
landlords do not receive a tax break on uncollected rent.
He asserted that the homeless are the government's problem.
JAMES FISHER, JUNEAU observed that there is a failure to
perceive how existing law works. He asserted that renegade
tenants will evade a rental contract, regardless of law,
existing or proposed. He suggested that legislators would
be blamed if the proposed legislation fails to solve the
"outlaw" tenant problem.
SHERRIE GOLL, ALASKA WOMEN'S LOBBY testified in opposition
to CSHB 222 (JUD). She asserted that CSHB 222 (JUD) will
dramatically decrease tenant protection in law. She
maintained that changes in landlord/tenant law should
balance the interests of both sides. She maintained that
the legislation will have greater impact on minorities. She
emphasized that evictions would take place before tenants
could defend themselves. She observed that the legislation
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is difficult to understand. She maintained that current law
presents a balanced representation of landlords and tenants.
CSHB 222 (JUD) was HELD in Committee for further discussion.
ADJOURNMENT
The meeting adjourned at 3:40 p.m.
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