ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 23, 2025                                                                                         
                           1:01 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Andrew Gray, Chair                                                                                               
Representative Chuck Kopp, Vice Chair                                                                                           
Representative Ted Eischeid                                                                                                     
Representative Genevieve Mina                                                                                                   
Representative Sarah Vance                                                                                                      
Representative Mia Costello                                                                                                     
Representative Jubilee Underwood                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 159                                                                                                              
"An  Act  relating to  the  removal  of unlawful  occupants  from                                                               
residential real  property; relating  to the crimes  of trespass,                                                               
forgery, and deceptive business  practices; and amending Rules 82                                                               
and 85(a), Alaska Rules of Civil Procedure."                                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 51                                                                                                               
"An Act relating to an appropriation limit; relating to the                                                                     
budget responsibilities of the governor; and providing for an                                                                   
effective date."                                                                                                                
                                                                                                                                
     - MOVED HB 51 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 159                                                                                                                  
SHORT TITLE: PROPERTY POSSESSION AND PROPERTY CRIMES                                                                            
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER                                                                                          
                                                                                                                                
03/26/25       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/26/25       (H)       JUD, L&C                                                                                               
04/23/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB  51                                                                                                                  
SHORT TITLE: APPROPRIATION LIMIT; GOV BUDGET                                                                                    
SPONSOR(s): REPRESENTATIVE(s) STAPP                                                                                             
                                                                                                                                
01/22/25       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/25       (H)       JUD, FIN                                                                                               
03/24/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/24/25       (H)       Heard & Held                                                                                           
03/24/25       (H)       MINUTE(JUD)                                                                                            
04/04/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/04/25       (H)       -- Public Testimony <Time Limit May Be                                                                 
                         Set> --                                                                                                
04/07/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/07/25       (H)       Heard & Held                                                                                           
04/07/25       (H)       MINUTE(JUD)                                                                                            
04/23/25       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GEORGE RAUSCHER                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 159.                                                                      
                                                                                                                                
CRAIG VALDEZ, Staff                                                                                                             
Representative George Rauscher                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the sectional analysis for HB                                                                  
159, on behalf of Representative Rauscher, prime sponsor.                                                                       
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Alaska Court System                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
159.                                                                                                                            
                                                                                                                                
REPRESENTATIVE WILL STAPP                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, gave a summary of HB 51.                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:01:39 PM                                                                                                                    
                                                                                                                                
CHAIR ANDREW  GRAY called the House  Judiciary Standing Committee                                                               
meeting  to  order  at  1:01  p.m.    Representatives  Underwood,                                                               
Costello, Mina,  Eischeid, Vance,  and Gray  were present  at the                                                               
call to  order.  Representative  Kopp arrived as the  meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
         HB 159-PROPERTY POSSESSION AND PROPERTY CRIMES                                                                     
                                                                                                                                
1:02:29 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  announced that the  first order of business  would be                                                               
HOUSE BILL NO.  159, "An Act relating to the  removal of unlawful                                                               
occupants from residential real  property; relating to the crimes                                                               
of  trespass,  forgery,  and deceptive  business  practices;  and                                                               
amending Rules 82 and 85(a), Alaska Rules of Civil Procedure."                                                                  
                                                                                                                                
1:02:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GEORGE  RAUSCHER,  Alaska State  Legislature,  as                                                               
prime  sponsor, presented  HB 159.   He  paraphrased the  sponsor                                                               
statement  [included  in the  committee  packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     House  Bill 159  gives Alaska  homeowners a  faster and                                                                    
     safer way  to reclaim  their residential  property from                                                                    
     individuals  unlawfully  occupying   it.  These  cases,                                                                    
     commonly  called squatting,  are growing  more frequent                                                                    
     and  complex,  often  forcing owners  into  costly  and                                                                    
     time-consuming court battles.                                                                                              
                                                                                                                                
     HB 159  creates a  streamlined civil remedy  allowing a                                                                    
     property  owner or  agent  to  request law  enforcement                                                                    
     assistance in  removing an unauthorized  occupant under                                                                    
     clearly  defined conditions.  The  owner must  certify,                                                                    
     under  penalty of  perjury, that  the  occupant has  no                                                                    
     lease, ownership interest,  or family relationship, and                                                                    
     law enforcement must verify eligibility before acting.                                                                     
                                                                                                                                
     To  prevent abuse,  the bill  holds  owners liable  for                                                                    
     wrongful  removals  and  provides strong  remedies  for                                                                    
     occupants   who  are   improperly  evicted,   including                                                                    
     damages and full attorney's fees.                                                                                          
                                                                                                                                
     HB   159  also   strengthens  penalties   for  criminal                                                                    
     trespass,  forgery,  and deceptive  business  practices                                                                    
     and   updates  Alaska's   civil  rules   to  accelerate                                                                    
     eviction  proceedings  while maintaining  fairness  for                                                                    
     all parties.                                                                                                               
                                                                                                                                
     Alaskans who  lawfully own property should  not have to                                                                    
     wait months or pay thousands  to remove someone with no                                                                    
     legal right to  be there. HB 159  offers a common-sense                                                                    
     solution to protect property rights and public safety.                                                                     
                                                                                                                                
     I urge your support for this important legislation.                                                                        
                                                                                                                                
1:06:04 PM                                                                                                                    
                                                                                                                                
CRAIG  VALDEZ,  Staff,  Representative  George  Rauscher,  Alaska                                                               
State Legislature,  on behalf  of Representative  Rauscher, prime                                                               
sponsor, presented the sponsor statement  for HB 159 [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section  1: Section  1 lets  property  owners or  their                                                                    
     agents  request law  enforcement to  immediately remove                                                                    
     unlawful occupants from  residential property without a                                                                    
     court eviction,  if no  rental agreement  ever existed.                                                                    
     The   process   requires    a   sworn   affidavit   and                                                                    
     verification  by a  peace  officer. Wrongfully  removed                                                                    
     occupants  can sue  for damages.  This does  not affect                                                                    
     criminal trespass laws.                                                                                                    
                                                                                                                                
     Section 2:  Adds a new  subsection to AS  11.46.320 (b)                                                                    
     defining  criminal trespass  in the  first degree  as a                                                                    
     class B felony                                                                                                             
                                                                                                                                
     Section 3:  Adds rental  agreements to  AS 11.46.505(a)                                                                    
     as a crime of forgery in the second degree                                                                                 
                                                                                                                                
     Section  4:  Adds a  new  subsection  making the  sell,                                                                    
     lease, or  advertise of a  dwelling by  an unauthorized                                                                    
     person a crime of deceptive business practices                                                                             
                                                                                                                                
     Section 5: Clarifies  that deceptive business practices                                                                    
     remain a class A  misdemeanor, except in cases outlined                                                                    
     in the new subsection (e).                                                                                                 
                                                                                                                                
     Section 6:  Provides additional definitions of  a class                                                                    
     C felony for deceptive business practices                                                                                  
                                                                                                                                
     Section  7:  Adds  a new  subsection  to  AS  11.46.710                                                                    
     defining  deceptive business  practices  as  a class  C                                                                    
     felony if the person violates (a)(6) of this section                                                                       
                                                                                                                                
     Section  8: Directly  amends Rule  85(a) of  the Alaska                                                                    
     Rules   of  Civil   Procedure   to  expedite   eviction                                                                    
     proceedings. It shortens  the eviction hearing timeline                                                                    
     from 15 to  7 days after filing,  clarifies service and                                                                    
     dismissal  procedures,  and  allows clerks  to  dismiss                                                                    
     inactive  eviction  cases  without  additional  notice,                                                                    
     provided  the  complaint includes  standardized  notice                                                                    
     language.                                                                                                                  
                                                                                                                                
     Section 9: Adds a new  section to the uncodified law of                                                                    
     the State of  Alaska allowing for the  recovery of full                                                                    
     reasonable attorney  fees to  an occupant who  has been                                                                    
     wrongfully   removed  from   a   dwelling  unit   under                                                                    
     AS.09.45.950 enacted by sec. 1 of this act                                                                                 
                                                                                                                                
     Section 10:  Sets a  conditional effect  requiring two-                                                                    
     thirds vote of each house to implement section 9.                                                                          
                                                                                                                                
CHAIR GRAY sought questions from members of the committee.                                                                      
                                                                                                                                
1:09:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   VANCE   shared   concerns   expressed   by   her                                                               
constituents.  She  referred to page 5, section 6,  and asked why                                                               
"dwelling" was selected over "real property.                                                                                    
                                                                                                                                
MR. VALDEZ offered to follow up with the requested information.                                                                 
                                                                                                                                
REPRESENTATIVE VANCE  asked about criminal trespass  in the first                                                               
degree and asked  why $1,000 in damages was chosen  for a class B                                                               
felony.                                                                                                                         
                                                                                                                                
MR.  VALDEZ said  $1,000 was  chosen as  a benchmark  for damages                                                               
caused  to  ensure   that  some  damage  was   committed  in  the                                                               
commencement of the crime.                                                                                                      
                                                                                                                                
REPRESENTATIVE VANCE expressed interest  in revisiting the dollar                                                               
amount with the Department of Law (DOL).                                                                                        
                                                                                                                                
1:12:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE UNDERWOOD  shared that  in her experience  in real                                                               
estate,  this  is a  large  issue  in  her  district.   She  said                                                               
something needs  to be done  for squatting rights  and protecting                                                               
private property.                                                                                                               
                                                                                                                                
1:12:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA  asked how creating a  statewide civil system                                                               
would  interact  with local  governments  and  their policies  on                                                               
squatters.                                                                                                                      
                                                                                                                                
MR.  VALDEZ  explained  that  the   bill  would  give  local  law                                                               
enforcement the  option to  quickly remedy the  issue as  long as                                                               
there's  no lease  and  the other  stipulations  outlined in  the                                                               
affidavit are complied with.                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA   asked  how  this  would   change  existing                                                               
practices pertaining the removal of a person from a property.                                                                   
                                                                                                                                
MR. VALDEZ offered to follow up with the requested information.                                                                 
                                                                                                                                
1:15:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COSTELLO asked  what  would  happen if  someone's                                                               
remote, undeveloped property  is sold by a  perpetrator who lives                                                               
out of state.                                                                                                                   
                                                                                                                                
MR.  VALDEZ said  it  would be  considered  a deceptive  business                                                               
practice and classified as a felony crime.                                                                                      
                                                                                                                                
CHAIR GRAY  referred to paragraph  (5) on  page 2, line  4, which                                                               
states that  the occupant  is not an  immediate family  member of                                                               
the property owner, and asked where the language came from.                                                                     
                                                                                                                                
MR.  VALDEZ  explained that  in  working  with Legislative  Legal                                                               
Services, the  intention was to  remain focused on  squatters, as                                                               
opposed to domestic disputes.                                                                                                   
                                                                                                                                
CHAIR  GRAY  asked  whether  an  adult  child  is  considered  an                                                               
immediate family member.                                                                                                        
                                                                                                                                
MR. VALDEZ answered yes.  In  response to a follow up comment, he                                                               
referred  to page  4, line  29, which  defines "immediate  family                                                               
member"  as  a  spouse,   child,  sibling,  parent,  grandparent,                                                               
grandchild, stepparent, stepchild, or stepsibling.                                                                              
                                                                                                                                
CHAIR GRAY said the definition creates even more concern.                                                                       
                                                                                                                                
1:18:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  sought clarity  on  page  5, lines  25-26,                                                               
which  states that  the  section  does not  limit  the rights  of                                                               
property owners  or prohibit  a peace  officer from  arresting an                                                               
occupant for criminal trespass or another legal cause.                                                                          
                                                                                                                                
REPRESENTATIVE  RAUSCHER  said  he  would have  no  problem  with                                                               
addressing this language.  He shared  that even in his small town                                                               
of  Sutton with  a population  of  900 people,  these crimes  are                                                               
occurring.                                                                                                                      
                                                                                                                                
1:20:46 PM                                                                                                                    
                                                                                                                                
CHAIR  GRAY invited  Ms. Meade  to speak  to the  changes to  the                                                               
Alaska Rules of Court ("court rules").                                                                                          
                                                                                                                                
1:20:56 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE,   General  Counsel,  Alaska  Court   System  (ACS),                                                               
explained that the  bill has one direct court  rule amendment and                                                               
one indirect court rule amendment.   She voiced her concern about                                                               
the change to the eviction  procedure in Section 8, which changes                                                               
the timeframe  for an eviction  hearing from 15  to 7 days.   She                                                               
opined  that  changing  it  to  7  days  would  be  difficult  to                                                               
accomplish and  detrimental to  the landlords  and tenants.   She                                                               
explained that during  the 15 days between filing  and hearing, a                                                               
lot of things  take place, such as hiring  an attorney, potential                                                               
mediation, or  acquiring the rent,  for example.   She reiterated                                                               
her belief  that this change  would be counterproductive  to most                                                               
evictions.   The  second court  rule amendment  is in  Section 9,                                                               
which would indirectly  amend Civil Rule 82,  the attorney's fees                                                               
rule  where  the prevailing  party  gets  a percentage  of  their                                                               
reasonable attorney's fees.   The bill states  that an individual                                                               
could recover  100 percent of  the reasonable attorney's  fees if                                                               
wrongfully ousted.   This, she said, would be  an indirect change                                                               
and  a policy  call  for the  legislature to  make,  as it  would                                                               
require a two-thirds vote.                                                                                                      
                                                                                                                                
REPRESENTATIVE VANCE inquired as  to the percentage of attorney's                                                               
fees that are currently recoverable.                                                                                            
                                                                                                                                
MS. MEADE  said sometimes  its 20 percent  and sometimes  it's 50                                                               
percent.  The court exercises  discretion based on the complexity                                                               
of the case.                                                                                                                    
                                                                                                                                
1:25:06 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  asked why Section  8 is included  in the bill,  as it                                                               
applies to people under lease.                                                                                                  
                                                                                                                                
MR. VALDEZ  described it  as an attempt  to speed  up proceedings                                                               
and a "hanging  chad" to the process.  He  added that the sponsor                                                               
is amenable to removing this section.                                                                                           
                                                                                                                                
1:26:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER   confirmed  that  he  is   amenable  to                                                               
changing the bill  and addressing these concerns  and thanked the                                                               
committee  for hearing  the  bill and  being  willing to  correct                                                               
errors  that   may  have  been  overlooked   while  drafting  the                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR GRAY announced that that HB 159 was held over.                                                                            
                                                                                                                                
1:27:35 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:27 p.m.                                                                                 
                                                                                                                                
             HB  51-APPROPRIATION LIMIT; GOV BUDGET                                                                         
                                                                                                                                
1:27:47 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY  announced that the  final order of business  would be                                                               
HOUSE BILL  NO. 51, "An  Act relating to an  appropriation limit;                                                               
relating  to the  budget responsibilities  of  the governor;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILL STAPP,  Alaska State  Legislature, as  prime                                                               
sponsor,  gave a  summary  of  HB 51,  which  is  a spending  cap                                                               
revision  that would  change the  statutory appropriation  limit;                                                               
however,  to   be  effective,   it  must   be  passed   with  the                                                               
accompanying    piece   of    legislation   that    changes   the                                                               
constitutional appropriations limit.                                                                                            
                                                                                                                                
1:29:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  asked whether this would  interfere with the                                                               
state government's ability to respond to an emergency event.                                                                    
                                                                                                                                
REPRESENTATIVE STAPP answered no, disasters are exempt from the                                                                 
statutory and constitutional appropriation limit.                                                                               
                                                                                                                                
1:29:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COSTELLO opined that the bill is necessary.                                                                      
                                                                                                                                
1:29:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP moved  to report HB 51 out  of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection, HB  51 was  reported out of  the House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
1:30:43 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 1:30 p.m.