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 | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 14, 2024
1:24 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Craig Johnson
COMMITTEE CALENDAR
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."
- MOVED CSHB 97(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 161
"An Act relating to appropriations to the civil legal services
fund."
- MOVED CSHB 161(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 97
SHORT TITLE: SELF-STORAGE UNITS: LIENS; SALES
SPONSOR(s): REPRESENTATIVE(s) PRAX
03/06/23 (H) READ THE FIRST TIME - REFERRALS
03/06/23 (H) L&C, JUD
03/24/23 (H) L&C AT 3:15 PM BARNES 124
03/24/23 (H) Heard & Held
03/24/23 (H) MINUTE(L&C)
04/14/23 (H) L&C AT 3:15 PM BARNES 124
04/14/23 (H) Heard & Held
04/14/23 (H) MINUTE(L&C)
05/01/23 (H) L&C AT 3:15 PM BARNES 124
05/01/23 (H) Heard & Held
05/01/23 (H) MINUTE(L&C)
05/03/23 (H) L&C AT 3:15 PM BARNES 124
05/03/23 (H) Moved CSHB 97(L&C) Out of Committee
05/03/23 (H) MINUTE(L&C)
05/08/23 (H) L&C RPT CS(L&C) 4DP 2AM
05/08/23 (H) DP: PRAX, WRIGHT, SADDLER, RUFFRIDGE
05/08/23 (H) AM: FIELDS, CARRICK
02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(JUD)
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/07/24 (H) Heard & Held
02/07/24 (H) MINUTE(JUD)
02/09/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/09/24 (H) <Bill Hearing Canceled>
02/14/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 161
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): REPRESENTATIVE(s) WRIGHT
04/14/23 (H) READ THE FIRST TIME - REFERRALS
04/14/23 (H) JUD, FIN
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
02/07/24 (H) Heard & Held
02/07/24 (H) MINUTE(JUD)
02/09/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/09/24 (H) Heard & Held
02/09/24 (H) MINUTE(JUD)
02/14/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE MIKE PRAX
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 2 to CSHB 97(L&C), as
the prime sponsor.
RACHAEL GUNN, Staff
Representative Stanley Wright
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
161, on behalf of Representative Wright, prime sponsor.
MAGGIE HUMM, Interim Executive Director
Alaska Legal Services Corporation
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
161.
CONRAN GUNTHER, Attorney
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
161.
ACTION NARRATIVE
1:24:13 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:24 p.m. Representatives Allard,
Carpenter, Sumner, Gray, Groh, and Vance were present at the
call to order.
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.
1:41:52 PM
The committee took an at-ease from 1:41 p.m. to 1:44 p.m.
HB 161-CIVIL LEGAL SERVICES FUND
1:44:18 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 161, "An Act relating to appropriations to the
civil legal services fund."
1:44:36 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 1 to HB 161,
labeled 33-LS0746\A.1, A. Radford, 2/9/24, which read:
Page 1, line 1:
Delete "appropriations to"
Page 1, line 11, following "individuals.":
Insert "An organization may not use funds
received under this section to provide legal
assistance for issues arising under AS 34.03 (Uniform
Residential Landlord and Tenant Act)."
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:44:41 PM
REPRESENTATIVE ALLARD explained that she was moving Amendment 1
because she continues to hear landlords complaining that the
Alaska Legal Services Corporation (ALSC) unjustifiably targets
them. She said she was certain that some cases are legitimate;
however, there seemed to be a bias against landlords. She said
the proposed amendment would restrict the use of [civil legal
services] funds to activities connected with the Landlord Tenant
Act.
1:46:56 PM
REPRESENTATIVE GRAY asked for the bill sponsor's stance on
Amendment 1.
1:47:06 PM
RACHAEL GUNN, Staff, Representative Stanley Wright, Alaska State
Legislature, on behalf of Representative Wright, prime sponsor
of HB 161, stated that Amendment 1 aimed to exclude a specific
area of legal assistance from the funding scope of the bill.
She added that the sponsor opposed the amendment for the
following reasons: it would introduce administrative and
operational challenges for ALSC, potentially causing an
"accounting nightmare" due to the need to segregate funding
based on the type of legal assistance required. More
critically, the restrictions on using funds could impact
individuals in dire situations, such as those attempting to
escape domestic violence. She reported that ALSC processed 87
percent of its housing cases with no court involvement. On
average, housing cases represent 15 percent of ALSC's total
caseload, which is around 700 cases per year.
REPRESENTATIVE GRAY asked whether landlords use ALSC's landlord
tenant hotline.
1:50:01 PM
MAGGIE HUMM, Interim Executive Director, Alaska Legal Services
Corporation (ALSC), said yes, both landlords and tenants can
call into the hotline.
REPRESENTATIVE GRAY asked whether Amendment 1 would prevent
landlords from receiving assistance from the hotline.
MS. HUMM said Amendment 1 would affect any work done under the
Landlord Tenant Act, which applies to landlords and tenants
equally.
1:50:52 PM
REPRESENTATIVE GROH asked whether ALSC's representation in
landlord tenant cases sometimes involve veterans.
MS. HUMM answered yes, veterans, seniors, those experiencing
disabilities or domestic violence are all represented in
landlord tenant cases.
1:51:52 PM
REPRESENTATIVE CARPENTER pointed out that the deletion of the
words "appropriations to" on page 1, line 1, would change the
title of the bill. He suggested that to maintain the underlying
purpose of the bill, the first part of the amendment may be out
of order. In addition, he was unsure how Amendment 1 would be
enforced.
1:53:26 PM
The committee took an at-ease from 1:53 p.m. to 2:05 p.m.
2:05:50 PM
REPRESENTATIVE CARPENTER restated his question and asked whether
the deletion of "appropriations to" from the bill title was
necessary to achieve the purpose of the proposed amendment and
whether it would conflict with the bill's intent.
2:07:01 PM
CONRAN GUNTHER, Attorney, Legislative Legal Services,
Legislative Affairs Agency (LAA), shared his understanding that
deleting "appropriations" would make the bill broader in scope.
REPRESENTATIVE CARPENTER asked whether the deletion would
require a title change vote on the House floor.
MR. GUNTHER answered no.
REPRESENTATIVE CARPENTER asked whether lines 5-7 of Amendment 1
would be enforceable from a legal perspective.
MR. GUNTHER said to the same extent that any action is
prohibited by statute is enforceable. He acknowledged that
there is no specific penalty, so seeking an injunction on the
action would be the primary enforcement.
2:09:06 PM
REPRESENTATIVE ALLARD, in wrap up, stated that Amendment 1 would
require the ALSC to use federal dollars for landlord tenant
disputes. She reasoned that the proposed amendment would allow
state dollars to be better utilized for victims of domestic
violence, divorce, etcetera.
2:10:05 PM
REPRESENTATIVE GROH maintained his objection.
2:10:17 PM
A roll call vote was taken. Representatives Allard, Carpenter,
Sumner, and Vance voted in favor of Amendment 1.
Representatives Groh and Gray voted against it. Therefore,
Amendment 1 was adopted by a vote of 4-2.
CHAIR VANCE sought final comments from committee members.
2:11:02 PM
REPRESENTATIVE GROH said he was supportive of the bill; however,
he characterized the adoption of Amendment 1 as unfortunate,
adding that it hurts the bill and reduces its effectiveness.
CHAIR VANCE sought final comment from the bill sponsor.
2:12:04 PM
MS. GUNN thanked the committee and shared her belief that
Amendment 1 was detrimental to the spirit of the bill. She
reported that in the Alaska Court System, 69 percent of
landlords have representation, while only 3 percent of tenants
have representation.
2:12:41 PM
REPRESENTATIVE ALLARD moved to report HB 161, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 161(JUD) was
reported from the House Judiciary Standing Committee.
2:13:27 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:13 p.m.
| 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 |