Legislature(1993 - 1994)
02/07/1994 01:30 PM House FIN
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 7, 1994
1:30 P.M.
TAPE HFC 94 - 25, Side 2, #000 - end.
TAPE HFC 94 - 26, Side 1, #000 - end.
TAPE HFC 94 - 26, Side 2, #000 - #293.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 1:30
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Foster
ALSO PRESENT
Representative Tom Brice; Representative Jeannette James;
Mark Fresquez, SAIL, Deaf and Mental Health Task Force,
Juneau; Jerry Gallagher, Legislative Liaison, Department of
Natural Resources; Jack Chenoweth, Attorney, Legislative
Legal Counsel, Division of Legal Services; Ron Sheets,
(teleconference), Fairbanks; Myrna Sheets, (teleconference),
Fairbanks; Ruth Gudschinsky, (teleconference), Fairbanks;
Dorothy Titus, (teleconference), Fairbanks; Hans Metz,
(teleconference), Anchorage; Alice Brewer, (teleconference),
Anchorage; Doug Isaacson, (teleconference), Anchorage; John
Tapp, (teleconference), Anchorage; Charles Lippitt,
(teleconference), Anchorage.
SUMMARY
HB 132 An Act extending the time period of all permits
issued by the state relating to the extraction or
removal of resources if the holder of the permits
is involved in litigation concerning the issuance
or validity of any permit related to the
extraction or removal.
CS HB 132 (FIN) was reported out of Committee with
a "do pass" recommendation and with a zero fiscal
note by the Departments of Natural Resources, Fish
& Game, Environmental Conservation and Commerce
and Economic Development.
1
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.
HB 222 was placed in Subcommittee with
Representative Therriault as Chair and with
members Representative Parnell and Representative
Brown.
MENTAL HEALTH SPENDING REQUEST
MARK FRESQUEZ, SAIL, DEAF AND MENTAL HEALTH TASK FORCE,
JUNEAU, provided testimony to the Committee regarding the
FY95 funding request from the Deaf and Mental Health Task
Force of $450 thousand dollars. (Testimony Provided - Copy
on File).
HOUSE BILL 132
"An Act extending the time period of all permits issued
by the state relating to the extraction or removal of
resources if the holder of the permits is involved in
litigation concerning the issuance or validity of any
permit related to the extraction or removal."
REPRESENTATIVE TOM BRICE explained the changes made by the
Subcommittee included in work draft #8-LS0527\X, dated
2/01/94.
Representative Brown MOVED a change to Page 2, Lines 3 and
4; inserting language "the permittee" to Line 3 and deleting
it from Line 4. There being NO OBJECTION, it was so
ordered.
Representative Brown requested that the fiscal costs be
documented regarding specific fiscal costs to each affected
department resulting from the adoption of regulations.
Representative Brice noted that he had been advised by each
department that there would be "no fiscal impact". Co-Chair
Larson agreed that the departments should submit fiscal
notes.
JERRY GALLAGHER, LEGISLATIVE LIAISON, DEPARTMENT OF NATURAL
RESOURCES, stated that the Department of Natural Resources
(DNR) would have a zero fiscal note.
Representative Therriault MOVED to adopt work draft #8-
2
LSO527\X, dated 2/01/94, as amended, be the version before
the Committee. There being NO OBJECTION, it was adopted.
Representative Therriault MOVED to report CS HB 132 (FIN)
out of Committee with individual recommendations and with
the zero fiscal notes. There being NO OBJECTION, it was so
ordered.
CS HB 132 (FIN) was reported out of Committee with a "do
pass" recommendation and zero fiscal notes by the Department
of Natural Resources, the Department of Fish and Game, the
Department of Commerce and Economic Development and the
Department of Environmental Conservation.
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 JEANNETTE JAMES explained that HB 222 was
based on the 1992, SB 35, in response to concerns that
landlord-tenant laws were weighted in favor of protecting
abusive tenants. HB 222 would address several purposes:
1. To allow for an expedited eviction of a tenant who
damages the premises or fails to pay rent.
2. To make the legal obligations of a tenant more
stringent.
3. To expand the state's nuisance abatement statutes
to include more offenses and make the process more
accessible for landlords.
4. To require peace officers to notify the landlord
when a tenant has been arrested for certain
criminal offenses.
RON SHEETS, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS, spoke
in support of HB 222.
MYRNA SHEETS, (TESTIFIED VIA TELECONFERENCE), LANDLORD
ASSOCIATION, FAIRBANKS, spoke in support of SB 155 and HB
222.
HANS METZ, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke
in support of the proposed legislation.
3
ALICE BREWER, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
SECRETARY OF THE ALASKA LANDOWNERS AND PROPERTY ASSOCIATION,
ANCHORAGE, spoke in favor of the proposed legislation.
(Tape Change, HFC 94-26, Side 1).
RUTH GUDSCHINSKY, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
spoke in support of the legislation.
DOROTHY TITUS, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
spoke in support of HB 222.
DOUG ISAACSON, (TESTIFIED VIA TELECONFERENCE), PRESIDENT OF
CREDIT SERVICES, INC., ANCHORAGE, spoke in support of the
proposed legislation.
JOHN TAPP, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke
in support of HB 222.
CHARLES LIPPITT, (TESTIFIED VIA TELECONFERENCE, ANCHORAGE,
spoke in support of the proposed legislation.
Representative James provided the Committee with Amendment
Amendment #1 and its appropriate placement within the bill.
Representative Parnell MOVED to adopt Amendment #1.
Representative Brown asked for a statement as to the
subsequent effective of Amendment #1.
JACK CHENOWETH, ATTORNEY, LEGISLATIVE COUNSEL, DIVISION OF
LEGAL SERVICES, explained the premise of proposed Amendment
the landlord could legally operate to make the eviction
decision. Amendment #1 would provide landlords the
opportunity to evict on 24 hours notice, providing the
violation was substantial. He explained that the remedy had
previously been omitted in the proposed legislation and
would be instated through the proposed Amendment #1.
Mr. Chenoweth explained the legislation's intention removed
the adverbs from AS 34.03.120 (a) so that "any" disturbance
could serve as the basis for termination of the renter.
Consequently, wording of Amendment #1 explains that the word
"substantial" would be needed to define the remaining
amendments.
There being NO OBJECTION TO AMENDMENT #1, it was adopted.
Representative Parnell MOVED Amendment #2. [Attachment #3].
4
There being NO OBJECTION, it was adopted.
Representative Brown recommended conceptual language be
added to the legislation which would allow tenants
reasonable time to remedy breeches of the tenant-landlord
agreement. Mr. Chenoweth stated that Section 20 would
reduce from twenty days to twenty-four hours the period of
time for the landlord to give the tenant notice for problems
contributed by the tenant. He pointed out that several
states do have similar language as proposed in the
legislation.
(Tape Change, HFC 94-26, Side 2).
Mr. Chenoweth understood that the tenant could be evicted if
there was "willful" or "intended" substantial damage to the
rented premise and evidenced by the landlord. He discussed
how various states have resolved the situation.
Discussion followed among Committee members regarding the 24
hour notice to tenants and if that should pass a
"reasonableness" test. Representative Brown recommended a
"conceptual" amendment be adopted to address concerns
regarding the issue of a "reasonable" amount of time.
Representative James was not comfortable with changing the
concept.
Representative Brown explained Amendment #3 [Attachment #4]
addressing the tenant's remedies for landlord's unlawful
ouster, exclusion, or diminution of service. The addition
of Amendment #3 would help to balance the legislation by
providing financial restitution to renters.
Representative Brown MOVED to adopt Amendment #3.
Representative Therriault OBJECTED. Co-Chair Larson placed
HB 222 into Subcommittee with Representative Therriault as
Chair and with members Representative Parnell and
Representative Brown. HB 222 was HELD in Committee for
further discussion.
CONTRACT BETWEEN THE STATE OF ALASKA AND JAY HARRIE HOGAN
Co-Chair MacLean MOVED to approve a contract between the
State of Alaska House Finance Committee and Jay Harrie Hogan
for a sum not to exceed $25,000. (Copy on file). There
being NO OBJECTION, it was approved.
ADJOURNMENT
The meeting adjourned at 3:15 P.M.
5
HOUSE FINANCE COMMITTEE
February 7, 1994
1:30 P.M.
TAPE HFC 94 - 25, Side 2, #000 - end.
TAPE HFC 94 - 26, Side 1, #000 - end.
TAPE HFC 94 - 26, Side 2, #000 - #293.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 1:30
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Foster
ALSO PRESENT
Representative Tom Brice; Representative Jeannette James;
Mark Fresquez, SAIL, Deaf and Mental Health Task Force,
Juneau; Jerry Gallagher, Legislative Liaison, Department of
Natural Resources; Jack Chenoweth, Attorney, Legislative
Legal Counsel, Division of Legal Services; Ron Sheets,
(teleconference), Fairbanks; Myrna Sheets, (teleconference),
Fairbanks; Ruth Gudschinsky, (teleconference), Fairbanks;
Dorothy Titus, (teleconference), Fairbanks; Hans Metz,
(teleconference), Anchorage; Alice Brewer, (teleconference),
Anchorage; Doug Isaacson, (teleconference), Anchorage; John
Tapp, (teleconference), Anchorage; Charles Lippitt,
(teleconference), Anchorage.
SUMMARY
HB 132 An Act extending the time period of all permits
issued by the state relating to the extraction or
removal of resources if the holder of the permits
is involved in litigation concerning the issuance
or validity of any permit related to the
extraction or removal.
CS HB 132 (FIN) was reported out of Committee with
a "do pass" recommendation and with a zero fiscal
note by the Departments of Natural Resources, Fish
6
& Game, Environmental Conservation and Commerce
and Economic Development.
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.
HB 222 was placed in Subcommittee with
Representative Therriault as Chair and with
members Representative Parnell and Representative
Brown.
MENTAL HEALTH SPENDING REQUEST
MARK FRESQUEZ, SAIL, DEAF AND MENTAL HEALTH TASK FORCE,
JUNEAU, provided testimony to the Committee regarding the
FY95 funding request from the Deaf and Mental Health Task
Force of $450 thousand dollars. (Testimony Provided - Copy
on File).
HOUSE BILL 132
"An Act extending the time period of all permits issued
by the state relating to the extraction or removal of
resources if the holder of the permits is involved in
litigation concerning the issuance or validity of any
permit related to the extraction or removal."
REPRESENTATIVE TOM BRICE explained the changes made by the
Subcommittee included in work draft #8-LS0527\X, dated
2/01/94.
Representative Brown MOVED a change to Page 2, Lines 3 and
4; inserting language "the permittee" to Line 3 and deleting
it from Line 4. There being NO OBJECTION, it was so
ordered.
Representative Brown requested that the fiscal costs be
documented regarding specific fiscal costs to each affected
department resulting from the adoption of regulations.
Representative Brice noted that he had been advised by each
department that there would be "no fiscal impact". Co-Chair
Larson agreed that the departments should submit fiscal
notes.
JERRY GALLAGHER, LEGISLATIVE LIAISON, DEPARTMENT OF NATURAL
RESOURCES, stated that the Department of Natural Resources
(DNR) would have a zero fiscal note.
7
Representative Therriault MOVED to adopt work draft #8-
LSO527\X, dated 2/01/94, as amended, be the version before
the Committee. There being NO OBJECTION, it was adopted.
Representative Therriault MOVED to report CS HB 132 (FIN)
out of Committee with individual recommendations and with
the zero fiscal notes. There being NO OBJECTION, it was so
ordered.
CS HB 132 (FIN) was reported out of Committee with a "do
pass" recommendation and zero fiscal notes by the Department
of Natural Resources, the Department of Fish and Game, the
Department of Commerce and Economic Development and the
Department of Environmental Conservation.
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 JEANNETTE JAMES explained that HB 222 was
based on the 1992, SB 35, in response to concerns that
landlord-tenant laws were weighted in favor of protecting
abusive tenants. HB 222 would address several purposes:
1. To allow for an expedited eviction of a tenant who
damages the premises or fails to pay rent.
2. To make the legal obligations of a tenant more
stringent.
3. To expand the state's nuisance abatement statutes
to include more offenses and make the process more
accessible for landlords.
4. To require peace officers to notify the landlord
when a tenant has been arrested for certain
criminal offenses.
RON SHEETS, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS, spoke
in support of HB 222.
MYRNA SHEETS, (TESTIFIED VIA TELECONFERENCE), LANDLORD
ASSOCIATION, FAIRBANKS, spoke in support of SB 155 and HB
222.
8
HANS METZ, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke
in support of the proposed legislation.
ALICE BREWER, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
SECRETARY OF THE ALASKA LANDOWNERS AND PROPERTY ASSOCIATION,
ANCHORAGE, spoke in favor of the proposed legislation.
(Tape Change, HFC 94-26, Side 1).
RUTH GUDSCHINSKY, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
spoke in support of the legislation.
DOROTHY TITUS, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
spoke in support of HB 222.
DOUG ISAACSON, (TESTIFIED VIA TELECONFERENCE), PRESIDENT OF
CREDIT SERVICES, INC., ANCHORAGE, spoke in support of the
proposed legislation.
JOHN TAPP, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke
in support of HB 222.
CHARLES LIPPITT, (TESTIFIED VIA TELECONFERENCE, ANCHORAGE,
spoke in support of the proposed legislation.
Representative James provided the Committee with Amendment
Amendment #1 and its appropriate placement within the bill.
Representative Parnell MOVED to adopt Amendment #1.
Representative Brown asked for a statement as to the
subsequent effective of Amendment #1.
JACK CHENOWETH, ATTORNEY, LEGISLATIVE COUNSEL, DIVISION OF
LEGAL SERVICES, explained the premise of proposed Amendment
the landlord could legally operate to make the eviction
decision. Amendment #1 would provide landlords the
opportunity to evict on 24 hours notice, providing the
violation was substantial. He explained that the remedy had
previously been omitted in the proposed legislation and
would be instated through the proposed Amendment #1.
Mr. Chenoweth explained the legislation's intention removed
the adverbs from AS 34.03.120 (a) so that "any" disturbance
could serve as the basis for termination of the renter.
Consequently, wording of Amendment #1 explains that the word
"substantial" would be needed to define the remaining
amendments.
There being NO OBJECTION TO AMENDMENT #1, it was adopted.
9
Representative Parnell MOVED Amendment #2. [Attachment #3].
There being NO OBJECTION, it was adopted.
Representative Brown recommended conceptual language be
added to the legislation which would allow tenants
reasonable time to remedy breeches of the tenant-landlord
agreement. Mr. Chenoweth stated that Section 20 would
reduce from twenty days to twenty-four hours the period of
time for the landlord to give the tenant notice for problems
contributed by the tenant. He pointed out that several
states do have similar language as proposed in the
legislation.
(Tape Change, HFC 94-26, Side 2).
Mr. Chenoweth understood that the tenant could be evicted if
there was "willful" or "intended" substantial damage to the
rented premise and evidenced by the landlord. He discussed
how various states have resolved the situation.
Discussion followed among Committee members regarding the 24
hour notice to tenants and if that should pass a
"reasonableness" test. Representative Brown recommended a
"conceptual" amendment be adopted to address concerns
regarding the issue of a "reasonable" amount of time.
Representative James was not comfortable with changing the
concept.
Representative Brown explained Amendment #3 [Attachment #4]
addressing the tenant's remedies for landlord's unlawful
ouster, exclusion, or diminution of service. The addition
of Amendment #3 would help to balance the legislation by
providing financial restitution to renters.
Representative Brown MOVED to adopt Amendment #3.
Representative Therriault OBJECTED. Co-Chair Larson placed
HB 222 into Subcommittee with Representative Therriault as
Chair and with members Representative Parnell and
Representative Brown. HB 222 was HELD in Committee for
further discussion.
CONTRACT BETWEEN THE STATE OF ALASKA AND JAY HARRIE HOGAN
Co-Chair MacLean MOVED to approve a contract between the
State of Alaska House Finance Committee and Jay Harrie Hogan
for a sum not to exceed $25,000. (Copy on file). There
being NO OBJECTION, it was approved.
ADJOURNMENT
10
The meeting adjourned at 3:15 P.M.
11
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