Legislature(1997 - 1998)
1998-05-12 House Journal
Full Journal pdf1998-05-12 House Journal Page 3858 SB 354 Representative Porter moved and asked unanimous consent that the House move down the calendar to SB 354. There being no objection, it was so ordered. The following, which was advanced to third reading from the May 11, 1998 First Supplemental Calendar (page 3837), was read the third time: SENATE BILL NO. 354 "An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure." **The presence of Representative Kohring was noted. Representative Porter moved and asked unanimous consent that SB 354 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 1998-05-12 House Journal Page 3859 SB 354 Amendment No. 1 was offered by Representative Porter: Page 9, line 27, following "A" Insert "dissenting" Page 9, line 29, following "power": Insert "if the dissenting trustee joins because of a requirement for unanimous trustee consent to the exercise of the power Page 9, line 29 through page 10, line 2: Delete "A dissenting trustee is not liable to the beneficiaries or to others for the consequences of an act in which the dissenting trustee joins at the direction of the majority trustees if the dissenting trustee expresses the dissenting trustee's dissent in writing to a co-trustee at or before the time of joinder." Insert "The dissenting trustees dissent must be presented in writing to a co-trustee and a legally competent beneficiary or, if the beneficiary is a minor or an incompetent person, the representative of the beneficiary." Page 10, line 5, following "exercise": Delete "the" Insert "that" Page 12, lines 12-16: Delete all material Page 13, line 24, following "withdrawal." Insert "Nothing in this section is intended to authorize the mingling of trust funds." Page 15, line 5, following "contract": Delete "constitutes prima facie evidence of an intent to exclude the trustee from personal liability, and the addition of the words "and not individually" following the word "trusts" or the words "as trustee" after the signature of a trustee to a contract constitutes irrebuttable evidence of an intent to exclude the trustee from personal liability, and" 1998-05-12 House Journal Page 3860 SB 354 Insert "creates a presumption, which may only be rebutted by clear and convincing evidence otherwise, of an intent to exclude the trustee from personal liability, and, unless the presumption is rebutted," Page 15, lines 16 -24: Delete all material. Insert "the trustee or an officer or employee of the trustee was not guilty of personal fault in incurring the liability. (b) If a trustee has incurred personal liability for a tort committed in the administration of the trust and that tort increases the value of the trust property, the trustee is entitled to exoneration or reimbursement to the extent of the increase in value as a result of the tort even though the trustee would not otherwise be entitled to exoneration or reimbursement." Page 16, lines 1-2: Delete all material. Page 16, lines 3-4: Delete "(2) although the tort was not a common incident under (1) of this subsection," Insert "(1)" Renumber the following paragraph accordingly. Page 16, line 7: Delete "or (2)" Page 16, line 9: Delete "or (2)" Page 16, line 11: Delete "3" Insert "2" Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. 1998-05-12 House Journal Page 3861 SB 354 **The presence of Representatives Barnes, Masek and Moses was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 354 Second Reading Amendment No. 1 YEAS: 32 NAYS: 2 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey Nays: Brice, Davies Absent: Barnes, Bunde, Hanley, Kelly, Therriault, Williams And so, Amendment No. 1 was adopted. The question being: "Shall SB 354 am H pass the House?" The roll was taken with the following result: SB 354 am H Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey Absent: Bunde, Hanley, Kelly, Therriault, Williams And so, SB 354 am H passed the House. 1998-05-12 House Journal Page 3862 SB 354 Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. SB 354 am H was referred to the Chief Clerk for engrossment.