HOUSE FINANCE COMMITTEE January 21, 1994 1:44 p.m. TAPE HFC 94-9, Side 2, #000 - end. TAPE HFC 94-10, Side 1, #000 - end. TAPE HFC 94-10, Side 2, #000 - 346. CALL TO ORDER Co-Chair Larson called the House Finance Committee to order at 1:44 p.m. PRESENT Co-Chair Larson Co-Chair MacLean Representative Martin Vice-Chair Hanley Representative Brown Representative Parnell Representative Foster Representatives Grussendorf, Hoffman, Navarre and Therriault were not present for the meeting. ALSO PRESENT Representative Jeannette James; Representative David Finkelstein; Edward McNally, District Attorney, Department of Law; Dean Guaneli, Randy Crawford, Alaska State Troopers, Department of Public Safety; Assistant Attorney General, Department of Law; Barbara Bennett, Chair, Coalition for the Homeless; Helen Farmer, Anchorage; Charles Lippitt, Anchorage; Joe Lawlor, Homer; Carl Kronberg, Ketchikan; Christine Hoss, Alaska Legal Services; James Fisher, Juneau; Sherrie Goll, Alaska Women's Lobby; Robert Vanhatten, Fairbanks. SUMMARY INFORMATION 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." CSHB 222 (JUD) was HELD in Committee for further discussion. SB 19 "An Act relating to the crime of conspiracy." 1 HCS CSSB 19 (FIN) was reported out of Committee with a "do pass" recommendation and with four fiscal impact notes, two by the Department of Administration, one by the Department of Corrections and one by the Alaska Court System; and with two zero fiscal notes, one by the Department of Law and one by the Department of Public Safety. SENATE BILL NO. 19 "An Act relating to the crime of conspiracy." Representative Brown provided members with AMENDMENT 3 (copy on file). Representative Brown MOVED to ADOPT AMENDMENT 3. She expressed concern that an individual's "mere presence at the time that two or more persons agreed to engage in or cause the performance of a serious felony offense," not be construed as agreement in the action. Representative Brown MOVED to AMEND Amendment 3 by adding a "." after "offense" and deleting the rest of Amendment 3. There being NO OBJECTION, it was so ordered. EDWARD MCNALLY, DISTRICT ATTORNEY, ANCHORAGE, DEPARTMENT OF LAW testified via the teleconference network from Anchorage. He asserted that Amendment 3 is unnecessary, redundant and possibly confusing to existing law. He observed that in at least three separate citations existing law states that mere presence or knowledge of a crime is not sufficient for prosecution. DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW suggested that if Amendment 3 is adopted that it be added to subsection (a) on page 1. Co-Chair Larson MOVED to AMEND Amendment 3 by adding Amendment 3 to page 1, line 8 of CSSB 19 (FIN)am. There being NO OBJECTION, it was so ordered. Representative Parnell asked if the fact that mere presence is not enough to convict a person under the statutes would be part of the jury instructions. Mr. McNally believed that juries would receive such instructions. BRANT MCGEE, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF ADMINISTRATION testified via the teleconference network from Anchorage. He pointed out that conspiracy is a new offense. He maintained that the court may not apply the same construction to a conspiracy statute that they do to a homicide statute. 2 Mr. Guaneli asserted that a charge would not be made without additional evidence. Representative Hanley restated that intent and existing case law provides that mere presence is not sufficient to bring a charge without an agreement, intent and an overt action. Representative Brown MOVED to ADOPT AMENDMENT 3, as AMENDED. Representative Martin OBJECTED. A roll call vote was taken on the motion. IN FAVOR: Brown, Hanley, Parnell, MacLean, Larson OPPOSED: Martin, Foster Representatives Grussendorf, Hoffman, Navarre and Therriault were not present for the vote. The MOTION PASSED (5-2). Representative Brown provided members with AMENDMENT 4 (copy on file). She MOVED to ADOPT AMENDMENT 4. She explained that the amendment would disallow a conspiracy comprised of two persons if one of the persons was a law enforcement official or a person working in cooperation with a law enforcement official. Mr. Guaneli expressed objection to Amendment 4. He asserted that the amendment would limit prosecution. He observed that an undercover law enforcement officer may be approached in a narcotics sale by an individual who obtains the narcotics from a third unseen individual. He pointed out that individuals that work undercover with law enforcement officers may commit crimes at a later time. Their previous association with law enforcement officers may hinder prosecution of an unrelated act of conspiracy. Mr. McNally expressed concern that in a two person conspiracy case if one defendant cooperates with law enforcement the conspiracy charge would be nullified. RANDY CRAWFORD, ALASKA STATE TROOPERS, DEPARTMENT OF PUBLIC SAFETY testified via the teleconference network from Anchorage. He pointed out that most operations involving undercover agents are recorded. He noted that it is typical for persons being arrested to come forward with information about a third person or about an additional crime involving others. Representative MOVED to ADOPT AMENDMENT 4. A roll call vote was taken on the motion. IN FAVOR: Brown OPPOSED: Foster, Hanley, Martin, Parnell, MacLean, Larson 3 Representatives Grussendorf, Hoffman, Navarre and Therriault were not present for the vote. The MOTION FAILED (1-6). Representative Brown provided members with AMENDMENT 5 (copy on file). She MOVED to ADOPT AMENDMENT 5. She explained that the amendment would allow an individual involved in a conspiracy to renounce their involvement. Mr. Guaneli observed that the amendment would address how the end of the conspiracy is calculated for purpose of the five year statute of limitations. He did not think the amendment was necessary. He asserted that language contained in the legislation better clarifies the calculation. Representative Brown referred to subsection 3 of Amendment 5, "the defendant abandons the agreement by advising the persons with whom the defendant agreed". Mr. Guaneli observed that when an individual agrees to engage in a criminal act a process is begun that can "take on a life of its own," even if the individual renounces their involvement. He added that it is difficult to prove a renunciation that takes place in secret. (Tape Change, HFC 94-10, Side 1) Representative Brown WITHDREW AMENDMENT 5. There being NO OBJECTION, it was so ordered. Representative Martin MOVED to report HCS CSSB 19 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. Co-Chair Larson noted that the bill would not be transmitted until absent members have a chance to review the Committee's proceedings on Monday, 1/24/94. HCS CSSB 19 (FIN) was reported out of Committee with a "do pass" recommendation and with four fiscal impact notes, two by the Department of Administration, one by the Department of Corrections and one by the Alaska Court System; and with two zero fiscal notes, one by the Department of Law and one by the Department of Public Safety. HOUSE BILL NO. 222 "An Act relating to landlords and tenants, to 4 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 reviewed her sponsor statement. She noted that CSHB 222 (JUD) would allow an expedited eviction of a tenant who damages the premises or fails to pay rent, make the legal obligations of a tenant more stringent, expand the state's nuisance abatement statutes to include more offenses, make the process more accessible for landlords and require peace officers to notify the landlord when a tenant has been arrested for certain criminal offenses. ROBERT VANHATTEN, FAIRBANKS testified via the teleconference network from Fairbanks. He spoke in opposition to CSHB 222 (JUD). He noted that renters would have less time to relocate. BARBARA BENNETT, CHAIR, ALASKA COALITION ON HOUSING AND THE HOMELESS testified via the teleconference network from Anchorage. She maintained that the legislation would exacerbate the problem of homelessness. She noted that there is a 2 percent availability in rental housing in Anchorage. She suggested that mediation be used to resolve difficulties between renters and landlords. Representative James maintained that more landlords would rent their property if legislation supporting stronger landlord rights is passed. ALICE BREWER, ANCHORAGE testified via the teleconference network in support of CSHB 222 (JUD). She asserted that the legislation will help good tenants. She suggested that the 10 day notice on page 2, line 16 be changed to 5 days. She asked that "knowingly" be deleted on page 10, line 4. JOE LAWLOR, ANCHORAGE testified via the teleconference network. He maintained that the current law is sufficient. He asserted that landlords need to screen tenants. He concluded that CSHB 222 (JUD) will increase homelessness. CARL KRONBERG, ALASKA COALITION ON HOUSING AND THE HOMELESS testified via the teleconference network from Ketchikan. He pointed out that there is a rental shortage in Ketchikan. He expressed concerns that there would not be enough time to assure that tenants receive due process of the law. CHARLES LIPPITT, ANCHORAGE testified via the teleconference 5 network. He spoke in favor of CSHB 222 (JUD). He pointed out that mortgage companies do not allow landlords to pay their mortgage payments only if the rent is collected. He added that landlords must pay a delinquent rate if their payments are late. He observed that landlords may rent properties by phone. BARBARA HOOD, ANCHORAGE testified via the teleconference network. She maintained that current laws are sufficient. She observed that many small landlords are not familiar with existing law. She noted that the legislation does not address abusive landlords. She asserted that the legislation is one-sided. She concluded that landlords have remedies under existing law. Representative Parnell asked the fastest eviction time. Ms. Hood replied that eviction usually takes place 2 to 3 weeks after the rent was due. (Tape Change, HFC 94-10, Side 2) CHRISTINE HOSS, ALASKA LEGAL SERVICES testified via the teleconference network from Anchorage. She pointed out that there are problems with abusive landlords. She asserted that the legislation would allow additional abuses. She gave examples of abusive landlords. She argued that 2 weeks is a reasonable time to expect an eviction. She felt that tenants need sufficient time to defend themselves. She maintained that a shorter eviction period would provide an inequality in the landlord\tenant relationship. JOE GRAHAM, ANCHORAGE testified via the teleconference network, in favor of CSHB 222 (JUD). He requested that the notice time be shortened to 5 days. He observed that landlords do not receive a tax break on uncollected rent. He asserted that the homeless are the government's problem. JAMES FISHER, JUNEAU observed that there is a failure to perceive how existing law works. He asserted that renegade tenants will evade a rental contract, regardless of law, existing or proposed. He suggested that legislators would be blamed if the proposed legislation fails to solve the "outlaw" tenant problem. SHERRIE GOLL, ALASKA WOMEN'S LOBBY testified in opposition to CSHB 222 (JUD). She asserted that CSHB 222 (JUD) will dramatically decrease tenant protection in law. She maintained that changes in landlord/tenant law should balance the interests of both sides. She maintained that the legislation will have greater impact on minorities. She emphasized that evictions would take place before tenants could defend themselves. She observed that the legislation 6 is difficult to understand. She maintained that current law presents a balanced representation of landlords and tenants. CSHB 222 (JUD) was HELD in Committee for further discussion. ADJOURNMENT The meeting adjourned at 3:40 p.m. 7