Legislature(2005 - 2006)BUTROVICH 205

04/27/2006 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Scheduled But Not Heard
+ HB 414 INTERCEPTION OF MINOR'S COMMUNICATIONS TELECONFERENCED
Scheduled But Not Heard
+= SB 307 LANDLORD REMEDIES; LATE FEE TELECONFERENCED
Heard & Held
+= SB 316 COURT REVIEW OF STRANDED GAS DECISION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
               SB 307-LANDLORD REMEDIES; LATE FEE                                                                           
                                                                                                                                
8:43:32 AM                                                                                                                    
CHAIR SEEKINS announced SB 307 to be up for consideration.                                                                      
                                                                                                                                
JANE ALBERTS, Staff to Senator Con Bunde, introduced the bill.                                                                  
                                                                                                                                
BOB MAIER, Alaska Manufactured  Housing Association, testified he                                                               
has been  involved in the  bill since inception.  The Association                                                               
is arguing for  a 15 percent cap on late  fees because "rents pay                                                               
mortgages."  This late  fee is  based on  the fees  that mortgage                                                               
companies charge and  should be the responsibility  of the renter                                                               
who causes a late mortgage payment.                                                                                             
                                                                                                                                
8:46:26 AM                                                                                                                    
SENATOR  GUESS  asked  Ms.  Alberts whether  the  state  caps  or                                                               
regulates any other fees.                                                                                                       
                                                                                                                                
MS. ALBERTS  said she  did not  know of any  but deferred  to Mr.                                                               
Sniffen.                                                                                                                        
                                                                                                                                
ED SNIFFEN, Assistant Attorney General,  Department of Law (DOL),                                                               
addressed  the question.  The Division  of Banking  has a  cap on                                                               
payday loan venders and non-sufficient funds checks.                                                                            
                                                                                                                                
8:48:22 AM                                                                                                                    
Senator Gene Therriault joined the meeting.                                                                                     
                                                                                                                                
SENATOR FRENCH noted  that normally late payments  are well under                                                               
five  percent. He  said 15  percent was  not fair  and speculated                                                               
that 10 percent might not be fair as well.                                                                                      
                                                                                                                                
CHAIR  SEEKINS asked  Mr. Mayer  whether  he was  certain in  his                                                               
earlier statement that the bank charges  a 15 percent late fee on                                                               
a mortgage.                                                                                                                     
                                                                                                                                
MR.  MAIER  responded there  are  not  late fees  but  penalties.                                                               
Historically  there has  never been  a set  percentage on  a late                                                               
fee. He suggested the committee  go back to the original language                                                               
of the bill and let the market dictate the penalty.                                                                             
                                                                                                                                
8:51:17 AM                                                                                                                    
SENATOR  GUESS asked  whether a  local government  could regulate                                                               
the penalty.                                                                                                                    
                                                                                                                                
MR.  SNIFFEN  said  the  Landlord   Tenant  Act  would  supersede                                                               
regulation  of  the rental  market  but  that the  municipalities                                                               
would be free to address anything not addressed in the Act.                                                                     
                                                                                                                                
SENATOR GUESS asked  Ms. Alberts whether late fees  would be used                                                               
as a basis for eviction.                                                                                                        
                                                                                                                                
MS. ALBERTS responded  a person could be evicted  but as previous                                                               
testimony suggested it does not happen.                                                                                         
                                                                                                                                
8:54:13 AM                                                                                                                    
CHAIR SEEKINS  said he had  no problem  capping the late  fee. He                                                               
also said  he was nervous about  some of the things  in the bill,                                                               
such as  allowing a landlord to  have too much control  over late                                                               
fees and evictions.                                                                                                             
                                                                                                                                
8:57:46 AM at ease 9:24:47 AM                                                                                               
                                                                                                                                
9:24:47 AM                                                                                                                    
CHAIR SEEKINS asked Mr. Sniffen  to continue with his interrupted                                                               
testimony.                                                                                                                      
                                                                                                                                
MR. SNIFFEN mentioned  the only reason the  committee was talking                                                               
about  a  cap on  late  fees  is  to  address fair  treatment  to                                                               
tenants.  A cap  would  be  a reasonable  compromise.  He had  no                                                               
comment on the percentage though.                                                                                               
                                                                                                                                
9:26:47 AM                                                                                                                    
SENATOR FRENCH asked whether version  G allows for an eviction on                                                               
a late fee.                                                                                                                     
                                                                                                                                
CHAIR SEEKINS said, "That's correct."                                                                                           
                                                                                                                                
SENATOR FRENCH proposed a conceptual  amendment. If the committee                                                               
were going to allow an eviction on  a late fee to push it back to                                                               
ten days.  That would give  the tenant  three extra days  to make                                                               
rent. He  suggested streamlining  the process  to one  notice and                                                               
one  hearing. He  said that  would  gain in  efficiency what  the                                                               
process loses in the three days.                                                                                                
                                                                                                                                
MR.  MAIER responded  the reason  for the  7-day notice  was that                                                               
there  are 30  days in  the month  and by  the end  of the  grace                                                               
period  and the  court  process  weeks could  go  by without  the                                                               
landlord collecting the rent.                                                                                                   
                                                                                                                                
MR. SNIFFEN  commented that the three  days would not be  a deal-                                                               
breaker.  The  single notice  concept  is  a  good idea  but  the                                                               
committee needs  to make sure that  the notice is clear  and easy                                                               
for tenants to understand.                                                                                                      
                                                                                                                                
9:30:54 AM                                                                                                                    
SENATOR FRENCH said he would need time to work his concept out.                                                                 
                                                                                                                                
SENATOR  GUESS added  she would  prefer to  see the  amendment in                                                               
writing.                                                                                                                        
                                                                                                                                
CHAIR SEEKINS held the bill in committee.                                                                                       

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