Legislature(2015 - 2016)

2015-03-09 House Journal

Full Journal pdf

2015-03-09                     House Journal                      Page 0401
HB 8                                                                                                                          
The following, which was advanced to third reading from the March 6,                                                            
2015, calendar (page 385), was read the third time:                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 8(JUD)                                                                                                
    "An Act relating to powers of attorney and other substitute                                                                 
    decision-making documents; relating to the uniform probate code;                                                            
    and providing for an effective date."                                                                                       
                                                                                                                                

2015-03-09                     House Journal                      Page 0402
Representative Claman moved and asked unanimous consent that                                                                    
CSHB 8(JUD) be returned to second reading for the specific purpose                                                              
of considering Amendment No. 1.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
The Speaker stated that, without objection, CSHB 8(JUD) would be                                                                
returned to second reading for all amendments.                                                                                  
                                                                                                                                
                                                                                                                                
Amendment No. 1 was offered  by Representatives Claman and                                                                       
Hughes:                                                                                                                         
                                                                                                                                
Page 1, line 2, following "code;" (title amendment):                                                                          
    Insert "relating to notaries public;"                                                                                     
                                                                                                                                
Page 36, line 8, following "attorney.":                                                                                       
    Insert "(a)"                                                                                                                
                                                                                                                                
Page 36, following line 13:                                                                                                     
    Insert a new subsection to read:                                                                                            
         "(b)  Notwithstanding AS 44.50.062(5)(A), a notary public                                                              
    may consider that the principal has signed a power of attorney if                                                           
    the principal, in the presence of the notary public, directs another                                                        
    individual to sign under (a)(1) of this section."                                                                           
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted, and the new title follows:                                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 8(JUD) am                                                                                             
    "An Act relating to powers of attorney and other substitute                                                                 
    decision-making documents; relating to the uniform probate code;                                                            
   relating to notaries public; and providing for an effective date."                                                          
                                                                                                                                
Amendment No. 2 was offered  by Representative Claman:                                                                           
                                                                                                                                
Page 6, following line 21:                                                                                                      
    Insert a new subsection to read:                                                                                            

2015-03-09                     House Journal                      Page 0403
     "(b)  An agent's authority terminates when:                                                                                
      (1)  the principal revokes the authority;                                                                                 
         (2)  the agent dies, becomes incapacitated, or resigns;                                                               
      (3)  an action is filed for the dissolution or annulment of                                                               
    the agent's marriage to the principal or their legal separation,                                                            
    unless the power of attorney otherwise provides; or                                                                         
      (4)  the power of attorney terminates"                                                                                    
                                                                                                                                
Renumber the following subsection accordingly.                                                                                  
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Claman moved and asked unanimous consent to                                                                      
withdraw Amendment No. 2.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Claman:                                                                           
                                                                                                                                
Page 13, line 7, following "category":                                                                                      
    Insert ";                                                                                                               
      (6)  if the principal has failed to indicate the terms of                                                             
    the agent's compensation, an agent is entitled to                                                                       
    reimbursement of expenses reasonably incurred on behalf of                                                              
    the principal and to compensation that is reasonable under the                                                          
    circumstances"                                                                                                          
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Claman moved and asked unanimous consent to                                                                      
withdraw Amendment No. 3.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Claman:                                                                           
                                                                                                                                

2015-03-09                     House Journal                      Page 0404
Page 12, line 24:                                                                                                               
 Delete "the agents are required to act jointly"                                                                                
 Insert "each coagent may exercise its authority independently                                                              
[THE AGENTS ARE REQUIRED TO ACT JOINTLY]"                                                                                       
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Claman moved and asked unanimous consent to                                                                      
withdraw Amendment No. 4.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representative Claman:                                                                           
                                                                                                                                
Page 4, following line 21:                                                                                                      
 Insert new subsections to read:                                                                                                
     "(i)  Except as otherwise provided in the power of attorney                                                                
    and subsection (j), an agent that does not participate in or conceal                                                        
    a breach of fiduciary duty committed by another agent, including a                                                          
  predecessor agent, is not liable for the actions of the other agent.                                                         
     (j)  An agent that has actual knowledge of a breach or                                                                     
    imminent breach of fiduciary duty by another agent shall notify                                                             
    the principal and, if the principal is incapacitated, take any action                                                       
    reasonably appropriate in the circumstances to safeguard the                                                                
    principal's best interest. An agent that fails to notify the principal                                                      
    or take action as required by this subsection is liable for the                                                             
    reasonably foreseeable damages that could have been avoided if                                                              
    the agent had notified the principal or taken such action."                                                                 
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Hughes objected.                                                                                                 
                                                                                                                                
Representative Claman moved and asked unanimous consent to                                                                      
withdraw Amendment No. 5.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                

2015-03-09                     House Journal                      Page 0405
Amendment No. 6 was offered  by Representative Claman:                                                                           
                                                                                                                                
Page 6, lines 14 - 15:                                                                                                          
 Delete all material.                                                                                                           
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 13, line 1:                                                                                                                
 Delete "revoked by the subsequent incapacity [DISABILITY] of                                                               
the principal"                                                                                                                  
 Insert "durable [REVOKED BY THE SUBSEQUENT                                                                                 
DISABILITY OF THE PRINCIPAL]"                                                                                                   
                                                                                                                                
Representative Claman moved and asked unanimous consent that                                                                    
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
                                                                                                                                
Representative Claman moved and asked unanimous consent to                                                                      
withdraw Amendment No. 6.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
CSHB 8(JUD) am was automatically in third reading.                                                                              
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 8(JUD) am pass the House?"  The                                                                
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 8(JUD) am                                                                                                                  
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                
Gattis, Gruenberg, Hawker, Herron, Hughes, Johnson, Josephson,                                                                  
Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett,                                                                  
Munoz, Nageak, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Seaton,                                                                
Stutes, Talerico, Tarr, Thompson, Tilton, Vazquez, Wilson, Wool                                                                 
                                                                                                                                
Nays:  Guttenberg, Tuck                                                                                                         
                                                                                                                                

2015-03-09                     House Journal                      Page 0406
Excused:  Olson                                                                                                                 
                                                                                                                                
And so, CSHB 8(JUD) am passed the House.                                                                                        
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSHB 8(JUD) am was referred to the Chief Clerk for engrossment.