Legislature(2023 - 2024)GRUENBERG 120
02/14/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB161 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 97 | TELECONFERENCED | |
| += | HB 161 | TELECONFERENCED | |
HB 97-SELF-STORAGE UNITS: LIENS; SALES
1:25:01 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 97, "An Act relating to self-storage facilities
for personal property, including vehicles and watercraft;
distinguishing self-storage facility liens from another type of
storage lien; and excluding self-storage liens from the
treatment of certain unclaimed property." [Before the committee
was CSHB 97(L&C).]
1:25:24 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 2 to CSHB
97(L&C), labeled 33-LS0392\S.5, Dunmire, 7/25/23, which read:
Page 5, line 2, following "Revenue.":
Insert "The remaining balance from the sale may exceed the
limit in AS 34.35.660."
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:25:57 PM
REPRESENTATIVE MIKE PRAX, Alaska State Legislature, prime
sponsor of CSHB 97(L&C) said Amendment 2 would clarify that
regardless of the limits on the value of the stored property,
any proceeds exceeding that limit would be turned over to the
Department of Revenue (DOR) after three years. If the money is
not collected after three years, the money would be deposited
into the state's unclaimed property fund.
1:29:17 PM
REPRESENTATIVE CARPENTER removed his objection. Without further
objection, Amendment 2 was adopted.
1:29:25 PM
REPRESENTATIVE ALLARD moved to adopt Conceptual Amendment 3 to
CSHB 97(L&C).
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:29:33 PM
REPRESENTATIVE ALLARD explained that Conceptual Amendment 3
would replace the word "or" with "and" on page 3, line 6 of the
bill, a section that would require units to send the initial
notifications of default. She opined that while email allows
for instant communication, it is unreliable. Conversely, postal
mail would reach the recipients' mailboxes and ensure a higher
notice delivery. Combining both methods would reach a broader
audience and increase the chances of the notice being received.
REPRESENTATIVE CARPENTER removed his objection.
1:32:26 PM
REPRESENTATIVE PRAX said he did not support the proposed
amendment. He shared his reservations and emphasized that the
onus should be placed on the renter who broke the contract, not
the facility owner. He opined that email would suffice.
REPRESENTATIVE SUMNER objected and subsequently removed his
objection.
REPRESENTATIVE GROH objected.
1:34:41 PM
The committee took an at-ease from 1:34 p.m. to 1:36 p.m.
1:36:02 PM
REPRESENTATIVE ALLARD moved to adopt Conceptual Amendment 1 to
Conceptual Amendment 3, which would read, "both electronic mail
and certified mail."
REPRESENTATIVE SUMNER objected.
1:36:40 PM
REPRESENTATIVE GRAY commented that "and" would "cover [the
legislature's] bases.
1:37:08 PM
REPRESENTATIVE SUMNER explained that he had objected to the
proposed amendment because certified mail is less timely than
first class mail. He opined that Conceptual Amendment 1 to
Conceptual Amendment 3 would increase the cost while reducing
the likelihood of the person actually receiving the notice.
REPRESENTATIVE ALLARD, in wrap up, shared her belief that
Conceptual Amendment 1 to Conceptual Amendment 3 was the safer
approach.
1:39:20 PM
A roll call vote was taken. Representatives Gray, Groh, Allard,
and Vance voted in favor of Conceptual Amendment 1 to Conceptual
Amendment 3. Representatives Carpenter and Sumner voted against
it. Therefore, Conceptual Amendment 1 to Conceptual Amendment 3
passed by a vote of 4-2.
1:40:20 PM
A roll call vote was taken. Representatives Allard, Carpenter,
Gray, Groh, and Vance voted in favor of Conceptual Amendment 3,
as amended. Representative Sumner voted against it. Therefore,
Conceptual Amendment 3, as amended, passed by a vote of 5-1.
CHAIR VANCE sought final comment from the bill sponsor.
1:41:18 PM
REPRESENTATIVE PRAX asked the committee to move the bill
forward.
1:41:28 PM
REPRESENTATIVE ALLARD moved to report CSHB 97(L&C), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
97(JUD), was reported from the House Judiciary Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 161 - Amendment #1 (A.1) by Rep. Allard.pdf |
HJUD 2/14/2024 1:00:00 PM |
HB 161 |