SENATE BILL NO. 155 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. Co-chair Pearce directed that SB 155 be brought on for discussion. Co-chair Frank explained that the bill was introduced to continue previous legislative work on landlord tenant law and in response to constituent requests for greater balance in the law. The proposed would make the following changes: 1. It reduces from ten days to five days the time a landlord must wait prior to commencing the eviction process when a tenant fails to pay rent. 2. It amends nuisance abatement statutes to include drug and alcohol offenses as grounds for relief. 3. It requires peace officers to notify landlords if a tenant has been arrested for a drug and/or alcohol crime. 4. It makes legal obligations of tenants more stringent and rewords the statutory definition of damages. 5. It adds to a landlord's ability to seek removal of an abusive tenant through inclusion of a premises condition statement and contents inventory in the rental agreement through the summary eviction process for extremely destructive tenants. Co-chair Frank acknowledged that some individuals characterize any changes in landlord tenant law as detrimental to tenants. He voiced his belief that the foregoing is not true and cautioned that statutes making it difficult for landlords to remove nonpaying or destructive tenants result in higher security deposits and increased background and credit scrutiny. Restrictions on landlords result in less availability for low-income tenants and young people seeking to rent. Senator Rieger asked for an explanation of Sec. 9 provisions relating to "action against tenant occupying premises abated as nuisance." JACK CHENOWETH, legal counsel, Legal Services, Legislative Affairs Agency, came before committee. He explained that the bill opens up forcible entry and detainer provisions and allows a landlord to evict tenants if the premises is used for purposes such as prostitution, illegal drug or alcohol activity, etc. In situations where a tenant is illegally using the premises or condoning illegal use of the premises for one or more of those purposes, the landlord may take advantage of the abatement mechanism. Under that mechanism the landlord may ask that use of the premises be abated as a nuisance. Section 9 says that when such an order is obtained from the court, the landlord may use the order as prima facie evidence in eviction proceedings. Senator Rieger voiced need to review SB 178 (CIVIL NUISANCE ACTIONS) to ensure that provisions therein would not preclude an action to evict a tenant as a nuisance. Mr. Chenoweth said he had not reviewed the bill. Co-chair Pearce directed that the meeting be briefly recessed for that review. RECESS - 3:00 P.M. RECONVENE - 3:10 P.M. Upon reconvening, Mr. Chenoweth observed that SB 178 substantially changes the law relating to private nuisance actions. An exception is made, however, for abatements. Mr. Chenoweth advised that his reading indicates that abatement law, AS 09.51.070-240 is not affected by CSSB 178 (Jud). Co-chair Pearce called for additional questions or testimony on SB 155. None were forthcoming. Co-chair Frank MOVED for passage of CSSB 155 (Jud) with individual recommendations and the accompany fiscal notes. Senator Sharp OBJECTED for the purpose of a question. He then REMOVED his objection. Senator Jacko subsequently voiced his OBJECTION. Co-chair Pearce called for a show of hands. The motion carried on a vote of 5 to 1, and CSSB 155 (Jud) was REPORTED OUT of committee with a $19.0 note from the Dept. of Public Safety, $10.0 note from the Dept. of Law, and zero note from the Alaska Court System. Co-chairs Pearce and Frank and Senators Kelly, Rieger, and Sharp signed the committee report with a "do pass" recommendation. Senator Jacko signed "Do not pass." Senator Kerttula was absent from the meeting and did not sign.