04/14/1994 02:05 PM House FIN

  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.                       
                                                                               
            CS HB 222 (FIN) was reported out of Committee with                 
            a "do pass" recommendation and  with a fiscal note                 
            by the Department of Law and a zero fiscal note by                 
            the Department of Public Safety.                                   
  HOUSE BILL 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."                                           
                                                                               
  Representative Therriault  MOVED  to adopt  work  draft  #8-                 
  LS0832\I, Chenoweth, 3/25/94.  There being NO OBJECTIONS, it                 
  was adopted.                                                                 
                                                                               
  REPRESENTATIVE  JEANNETTE  JAMES noted  her  support of  the                 
  committee substitute.                                                        
                                                                               
  Representative Brown MOVED to adopt Amendment #1 which would                 
  define  tenant's rights  for a  landlord's unlawful  ouster,                 
  exclusion or  diminution of service.   Representative  James                 
  stated that she would support Amendment  #1.  There being NO                 
  OBJECTION, Amendment #1 was adopted.                                         
                                                                               
  Representative Brown MOVED to  adopt Amendment #2  providing                 
  tenants a  tool  with  which  they could  enforce  a  rental                 
  agreement  when there  is a  problem  to which  the landlord                 
  fails to respond.                                                            
                                                                               
  Representative  Therriault MOVED to divide Amendment #2 into                 
  two  sections.   Amendment #2B would  consist of  the second                 
  part of  the amendment, subsection (2).  Amendment #2A would                 
  consist of the first part, subsection (1) and subsection (3)                 
  of the amendment.   There being  NO OBJECTION, Amendment  #2                 
                                                                               
                                2                                              
                                                                               
                                                                               
  was divided.                                                                 
                                                                               
  Representative  Therriault  MOVED  to  adopt  Amendment  2B.                 
  There being NO OBJECTION, it was adopted.                                    
                                                                               
  Representative   Brown   MOVED   to  adopt   Amendment   2A.                 
  Representative Parnell  OBJECTED stating  the section  would                 
  foster  more litigation for the Department  of Law and would                 
  allow a tenant to  withhold a portion of their  rent if they                 
  believed that they were entitled to do so.                                   
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Navarre,  Brown,   Foster,  Grussendorf,                 
                      Hoffman, MacLean.                                        
       OPPOSED:       Parnell,  Therriault,  Hanley,   Martin,                 
                      Larson.                                                  
                                                                               
  The MOTION PASSED (6-5).                                                     
                                                                               
  Representative Navarre MOVED to report  CS HB 222 (FIN)  out                 
  of Committee  with individual  recommendations and with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS  HB 222  (FIN) was reported  out of Committee  with a "do                 
  pass"  recommendation  and   with  a  fiscal  note   by  the                 
  Department of Law and  a zero fiscal note by  the Department                 
  of Public Safety.