Legislature(1997 - 1998)

1998-05-12 Senate Journal

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1998-05-12                     Senate Journal                      Page 4149
SB 354                                                                       
Message dated May 12 was read, stating the House passed SENATE                 
BILL NO. 354 with the following amendment:                                     
                                                                               
Page 9, line 27, following A                                                   
	Insert	dissenting                                                             
                                                                               
                                                                               

1998-05-12                     Senate Journal                      Page 4150
SB 354                                                                       
Page 9, line 29, following power:                                              
	Insertif 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.                                                           
                                                                               
	InsertThe 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.                                        
	InsertNothing in this section is intended to authorize the                   
mingling of trust funds.                                                       
                                                                               
Page 15, line 5, following contract:                                           
	Deleteconstitutes 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                     Senate Journal                      Page 4151
SB 354                                                                       
	Insertcreates 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.                                                          
                                                                               
	Insertthe trustee of 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"                                                                     
                                                                               
                                                                               

1998-05-12                     Senate Journal                      Page 4152
SB 354                                                                       
and so, SENATE BILL NO. 354 am H An Act relating to wills,                     
intestacy, nonprobate transfers, and trusts; and amending Rule 24,             
Alaska Rules of Civil Procedure is returned for consideration.                 
                                                                               
Senator Taylor moved that the Senate concur in the House                       
amendment.                                                                     
                                                                               
The question being: Shall the Senate concur in the House                       
amendment? The roll was taken with the following result:                       
                                                                               
SB 354 am H                                                                    
Shall the Senate concur in the House                                           
Amendment to SB 354?                                                           
Court Rule                                                                     
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips,              
Sharp, Taylor, Torgerson, Ward, Wilken                                         
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
SENATE BILL NO. 354 am H An Act relating to wills, intestacy,                  
nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules           
of Civil Procedure.                                                            
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the Court Rule               
change. Without objection, it was so ordered.                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.