04/10/2007 01:00 PM House JUDICIARY

HB 196 - HANDLING MATTERS AFTER A PERSON'S DEATH                                                                              
                                                                                                                                
1:03:39 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL NO.  196, "An Act relating to the  handling of matters                                                               
after a person's death."                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to Amendment 1, which read:                                                                   
                                                                                                                                
     Page 3, line 5, following "estate":                                                                                        
          Insert ", except that if the decedent owes money                                                                      
     for  child  support  arrearages,  for  spousal  support                                                                    
     arrearages, or  under AS  47.07.055, the  provisions of                                                                    
     (d) of this section do not apply"                                                                                          
                                                                                                                                
     Page 3, line 7, following "will":                                                                                          
          Insert ", except that if the decedent owes money                                                                      
     for  child  support  arrearages,  for  spousal  support                                                                    
     arrearages, or  under AS  47.07.055, the  provisions of                                                                    
     (d) of this section do not apply"                                                                                          
                                                                                                                                
REPRESENTATIVE   GRUENBERG   offered   his   understanding   that                                                               
Amendment 1 will  preclude people from using  this legislation to                                                               
avoid  paying child  support arrearages,  paying spousal  support                                                               
arrearages,  or   -  under  AS  47.07.055   -  repaying  Medicaid                                                               
overpayments.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  1.                                                               
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
1:05:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SAMUELS  began a  motion  to  move the  bill,  as                                                               
amended, from committee.                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  interjected.   He referred to  the term                                                               
"value"  as used  on  page 2,  line 4,  and  characterized it  as                                                               
ambiguous  because it  is not  clear  whether it  refers to  fair                                                               
market  value or  ownership  equity  and thus  might  be used  by                                                               
someone to avoid probate.                                                                                                       
                                                                                                                                
1:07:18 PM                                                                                                                    
                                                                                                                                
STEPHEN  E.  GREER,  Attorney at  Law,  indicated  that  existing                                                               
Alaska   law  -   specifically   the  phrase   "less  liens   and                                                               
encumbrances," found  in AS 13.16.680(a)  - addresses  that point                                                               
already.     In   response  to   a  question,   he  offered   his                                                               
understanding that the term "value" means "equitable interest".                                                                 
                                                                                                                                
1:08:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS  moved to report  HB 196, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.