Legislature(1995 - 1996)

1996-02-07 House Journal

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1996-02-07                     House Journal                      Page 2660
HB 308                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 308                                                            
An Act relating to the Uniform Probate Code, including                        
nonprobate transfers, guardianships, trusts, and multiple-party                
accounts; relating to the Uniform Simultaneous Death Act;                      
amending Alaska Rule of Probate Procedure 5; and providing for                 
an effective date.                                                             
                                                                               

1996-02-07                     House Journal                      Page 2661
HB 308                                                                       
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) (NT)  5DP  2NR                                  2504         
	ZERO FISCAL NOTE (LAW)                                           2504         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 308(JUD)                                                
An Act relating to the Uniform Probate Code, including                        
nonprobate transfers, guardianships, trusts, and multiple-party                
accounts; relating to the Uniform Simultaneous Death Act; and                  
providing for an effective date.                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Finkelstein:                     
                                                                               
Page 14, line 24:                                                              
	Delete "one-third of the augmented estate"                                    
	Insert "the value of the elective share percentage of the augmented           
estate, determined by the length of time the spouse and the decedent           
were married to each other, in accordance with the following schedule:         
If the decedent and the spouse				The elective share                           
	were married to each other:					percentage is:                                
Less than 1 year                             supplemental amount only;         
1 year but less than 2 years        3 percent of the augmented estate;         
2 years but less than 3 years       6 percent of the augmented estate;         
3 years but less than 4 years       9 percent of the augmented estate;         
4 years but less than 5 years      12 percent of the augmented estate;         
5 years but less than 6 years      15 percent of the augmented estate;         
6 years but less than 7 years      18 percent of the augmented estate;         
7 years but less than 8 years      21 percent of the augmented estate;         
8 years but less than 9 years      24 percent of the augmented estate;         
9 years but less than 10 years     27 percent of the augmented estate;         
10 years but less than 11 years    30 percent of the augmented estate;         
11 years but less than 12 years    34 percent of the augmented estate;         
12 years but less than 13 years    38 percent of the augmented estate;         
13 years but less than 14 years    42 percent of the augmented estate;         
14 years but less than 15 years    46 percent of the augmented estate;         
15 years or more                   50 percent of the augmented estate"         

1996-02-07                     House Journal                      Page 2662
HB 308                                                                       
Page 20, line 24:                                                              
	Delete "two-thirds of the augmented estate"                                   
Insert "the applicable percentage for the augmented estate; in this           
paragraph, the "applicable percentage" means twice the elective                
share percentage set out in the schedule in AS13.12.202(a)                     
appropriate to the length of time the spouse and the decedent were             
married to each other"                                                         
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 308(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  6   NAYS:  28   EXCUSED:  6   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, Davies, Elton, Finkelstein, Kubina                        
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Grussendorf,                  
Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses,               
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders,         
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Excused:  Barnes, B.Davis, Long, Mackie, Porter, Robinson                      
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
The Speaker stated that CSHB 308(JUD) will be in third reading on              
the February 9, 1996, calendar.