HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
3:26:32 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
HOUSE  BILL  NO.  282,  "An   Act  relating  to  the  rights  and                                                               
obligations of  residential landlords  and tenants;  and relating                                                               
to the taking  of a permanent fund dividend for  rent and damages                                                               
owed  to  a  residential  landlord." [Before  the  committee  was                                                               
Version  O,  labeled  28-LS0930\0, Bullock,  2/22/14  adopted  on                                                               
2/28/14.]                                                                                                                       
                                                                                                                                
3:27:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DOUG   ISAACSON,   Alaska   State   Legislature,                                                               
introduced himself.                                                                                                             
                                                                                                                                
3:27:45 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  said that the  bill has  had several hearings  and a                                                               
proposed  committee  substitute  for   HB  282,  Version  O,  was                                                               
adopted.  He said the  committee had questions about "normal wear                                                               
and tear."                                                                                                                      
                                                                                                                                
3:28:16 PM                                                                                                                    
                                                                                                                                
CLYDE  (ED)  SNIFFEN,  JR., Senior  Assistant  Attorney  General,                                                               
Commercial/Fair Business  Section, Civil Division,  Department of                                                               
Law  (DOL),  as  the  assistant  attorney  general  for  consumer                                                               
protection  was  asked by  the  sponsor  to address  Mr.  Block's                                                               
concern about "normal wear and tear."   He explained that it is a                                                               
difficult term to  define and the more attempts that  are made to                                                               
define  it, the  more problematic  it becomes.   He  compared the                                                               
term as being similar to  the "reasonable person" standard, which                                                               
is the  standard used  for most  torts in  Alaska.   Although the                                                               
term is always  used to set a  standard of care, it  is best left                                                               
to  the judge  and jury  to  decide its  meaning.   He said  that                                                               
"normal wear  and tear" is  another one  of those terms,  and the                                                               
language in  the statute is probably  as close as one  might get.                                                               
He offered  to work with Mr.  Block to attempt to  further refine                                                               
the  language.   He  cautioned the  committee  against trying  to                                                               
"drill down"  on something too  detailed since the  more detailed                                                               
it  becomes  the  bigger  the  target  it  becomes  in  potential                                                               
disputes.   For  example, he  asked whether  the definition  will                                                               
include the quality  of construction or be related  to the number                                                               
of people  living in the  residence.   He suggested that  if some                                                               
things are  included it might  mean that everything  not included                                                               
automatically does  not fall  under "normal wear  and tear."   In                                                               
its current form  the bill addresses "normal wear  and tear" such                                                               
that in reasonable  fact finding a judge or jury  can consider it                                                               
on a  case-by-case basis.   He  suggested that  trying to  get to                                                               
something more specific can definitely be problematic.                                                                          
                                                                                                                                
3:30:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  pointed  out  that the  term  has  been                                                               
defined in other states and  other states have explored the term,                                                               
such as  California and New  York.  He  explained that a  body of                                                               
work can be relied on since courts rely on precedent.                                                                           
                                                                                                                                
CHAIR OLSON  stated that  Mr. Sniffen  "carries the  most weight"                                                               
and it is less important what other states have done.                                                                           
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 282.                                                                                     
                                                                                                                                
3:32:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  moved to  report the  proposed committee                                                               
substitute  (CS)  for HB  282,  Version  O, labeled  28-LS0930\O,                                                               
Bullock, 2/22/14,  as amended, out  of committee  with individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB  282(L&C) was reported from the  House Labor &                                                               
Commerce Standing Committee.