Legislature(2015 - 2016)CAPITOL 120

02/23/2015 01:00 PM JUDICIARY

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Audio Topic
01:34:43 PM Start
01:34:47 PM HB8
02:30:05 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Delayed to 1:30 pm Today --
+= HB 8 POWERS OF ATTORNEY TELECONFERENCED
Moved CSHB 8(JUD) Out of Committee
-- Public Testimony --
+= HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 ALASKA STATE LEGISLATURE                                                                                     
            HOUSE JUDICIARY STANDING COMMITTEE                                                                                
                     February 23, 2015                                                                                          
                         1:34 p.m.                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Vice Chair                                                                                           
Representative Neal Foster                                                                                                      
Representative Bob Lynn                                                                                                         
Representative Charisse Millett                                                                                                 
Representative Matt Claman                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 8                                                                                                                
"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."                                                                                     
                                                                                                                                
     - MOVED CSHB 8(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 79                                                                                                               
"An  Act  relating  to controlled  substances;  relating  to                                                                    
marijuana; relating to driving motor  vehicles when there is                                                                    
an open marijuana container; and  providing for an effective                                                                    
date."                                                                                                                          
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 8                                                                                                                    
                                                                                                                                
SHORT TITLE: POWERS OF ATTORNEY                                                                                                 
SPONSOR(s): REPRESENTATIVE(s) HUGHES                                                                                            
                                                                                                                                
01/21/15      (H)      PREFILE RELEASED 1/9/15                                                                                  
01/21/15      (H)      READ THE FIRST TIME - REFERRALS                                                                          
01/21/15      (H)      JUD                                                                                                      
02/13/15      (H)      JUD AT 1:00 PM CAPITOL 120                                                                               
02/13/15      (H)      Heard & Held                                                                                             
02/13/15      (H)      MINUTE(JUD)                                                                                              
02/23/15      (H)      JUD AT 1:00 PM CAPITOL 120                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GINGER BLAISDELL, Staff                                                                                                         
Representative Shelley Hughes                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented changes and answered                                                                           
questions regarding committee substitute for HB 8.                                                                              
                                                                                                                                
MARIE DARLIN, Coordinator                                                                                                       
American Association of Retired Persons (AARP)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of CSHB 8.                                                                          
                                                                                                                                
DENISE DANIELLO, Executive Director                                                                                             
Alaska Commission on Aging                                                                                                      
Department of Health & Social Services                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of CSHB 8.                                                                          
                                                                                                                                
TERESA HOLT, Ombudsman                                                                                                          
Office of Long Term Care Ombudsman                                                                                              
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of CSHB 8.                                                                          
                                                                                                                                
TERRY BANNISTER, Attorney                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding CSHB 8                                                                      
                                                                                                                                
DEBORAH BEHR, Attorney                                                                                                          
Alaska Uniform Law Delegation                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding CSHB 8.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:43 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  WES KELLER called  the House  Judiciary Standing                                                                  
Committee  meeting to  order  at  1:34 p.m.  Representatives                                                                    
Lynn, Millett,  Claman, Gruenberg, Foster, and  Keller, were                                                                    
present at the call to order.                                                                                                   
                                                                                                                                
                 HB   8-POWERS OF ATTORNEY                                                                                  
                                                                                                                                
1:34:47 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER announced that  the only order of business                                                                    
would be  HOUSE BILL  NO. 8  "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."                                                                                                                
                                                                                                                                
VICE CHAIR KELLER opened public testimony.                                                                                      
                                                                                                                                
1:35:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to  adopt proposed  committee                                                                    
substitute (CS)  for HB  8, Version  29-LS0055\E, Bannister,                                                                    
2/19/15,  as   the  working   document.    There   being  no                                                                    
objection, Version E was before the committee.                                                                                  
                                                                                                                                
1:36:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHELLEY  HUGHES  discussed  changes  in  the                                                                    
committee substitute  regarding powers  of attorney  in that                                                                    
as the bill allows better powers  of attorney for our elders                                                                    
and vulnerable folks.                                                                                                           
                                                                                                                                
1:36:45 PM                                                                                                                    
                                                                                                                                
GINGER  BLAISDELL,  Staff,  Representative  Shelley  Hughes,                                                                    
Alaska   State   Legislature,   paraphrased   a   two   page                                                                    
explanation  of  changes as  follows  [original  punctuation                                                                    
provided]:                                                                                                                      
                                                                                                                                
        Page 5, line 17: added "Notwithstanding AS                                                                              
     13.26.357"                                                                                                                 
                                                                                                                                
         This statutory reference was added because of                                                                          
     new  section (page  36,  line  7)  of validity  of                                                                         
     powers   of attorney to  connect the validity with                                                                         
     the  section that  says  you're  not  required  to                                                                         
     accept  the powers.                                                                                                        
                                                                                                                                
     Page 8,  lines 10-14:  added "If  you do  not mark                                                                         
     either of the boxes opposite a category, or if you                                                                         
     mark both of  the boxes opposite  a category, your                                                                         
     agent or agents  will not  have the  power in that                                                                         
     category."                                                                                                                 
                                                                                                                                
         This language satisfies the interpretation of                                                                          
     the  powers in the event  the form  was not filled                                                                         
     out  completely or unclearly.                                                                                              
                                                                                                                                
     Page 9, line 2: removes "Delegation" from the list                                                                         
     of general powers because it is included in "grant                                                                         
     of specific authority" and renumbers the remainder                                                                         
     of the list.                                                                                                               
                                                                                                                                
     Page  9,  lines  19-25:  includes  the  additional                                                                         
     "grant of special  authority" items  that were not                                                                         
     included in                                                                                                                
     version A.                                                                                                                 
                                                                                                                                
         1. Create or change rights of survivorship                                                                             
                                                                                                                                
         2. Delegate authority granted under the power                                                                          
         of attorney                                                                                                            
                                                                                                                                
         3. Waive the principal's right to be a                                                                                 
         beneficiary of a joint and survivor annuity,                                                                           
         including   a   survivor   benefit   under   a                                                                         
         retirement plan                                                                                                        
                                                                                                                                
     4. Exercise  fiduciary  powers that  the principal                                                                         
     has authority to delegate                                                                                                  
                                                                                                                                
     Page 12, lines  11-12: The  committee requested to                                                                         
     include definitions  for Guardian  or Conservator.                                                                         
     Because both are defined  elsewhere in statute, it                                                                         
     was recommended not to  repeat definitions in this                                                                         
     Act.                                                                                                                       
                                                                                                                                
         Guardian AS 13.26.005                                                                                                  
                                                                                                                                
         Conservator AS 13.26.2102 Explanation of                                                                               
     changes  to HB8 ver E                                                                                                      
                                                                                                                                
     Page  13,  lines  4-7:  new  section  (5)  if  the                                                                         
     principal has failed  to mark either  of the "Yes"                                                                         
     or "No" boxes opposite a  category of power, or if                                                                         
     the principal  has marked  both the "Yes"  or "No"                                                                         
     boxes opposite a category of power, the agent does                                                                         
     not have the power in that category.                                                                                       
                                                                                                                                
     Page 34, line 30: includes  the office of the long                                                                         
     term care ombudsman  in the list  of agencies with                                                                         
     specific authority to  protect the  welfare of the                                                                         
     principal.                                                                                                                 
                                                                                                                                
     Page 36, line 4: clarification                                                                                             
                                                                                                                                
         September 4, 1988 was the date power of                                                                                
     attorney  was first entered into statute in Alaska                                                                         
                                                                                                                                
     Page  36,   line  7-13:   new  section   25:  Sec.                                                                         
     13.26.357.   Execution  of  power  of  attorney. A                                                                         
     power of attorney executed in  this state is valid                                                                         
     if the principal                                                                                                           
                                                                                                                                
         1. Signs the power of attorney or, in the                                                                              
         principal's    conscious   presence,   directs                                                                         
         another  individual to sign the principal's                                                                            
         name on the  power of attorney; and                                                                                    
                                                                                                                                
         2. Acknowledges the signature before a notary                                                                          
         public or other individual authorized by law                                                                           
         to take acknowledgements.                                                                                              
                                                                                                                                
     Page 36, line 15: definition already provided                                                                              
                                                                                                                                
     Public home care provider AS 47.05.017(3)(c )                                                                              
                                                                                                                                
                                                                                                                                
1:38:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  asked Ms.  Blaisdell to  identify the                                                                    
four missing "hot powers."                                                                                                      
                                                                                                                                
VICE  CHAIR   KELLER  expressed  his  preference   that  Ms.                                                                    
Blaisdell  have an  opportunity  to  offer her  presentation                                                                    
prior to the committee members asking questions.                                                                                
                                                                                                                                
REPRESENTATIVE   CLAMAN   replied   it   was   more   of   a                                                                    
clarification.                                                                                                                  
                                                                                                                                
MS. BLAIDELL referred  to the first page  of the Explanation                                                                    
of  Changes document  "Page 9,  lines 19-25,  that adds  the                                                                    
four that were missing."  One  of the four includes the word                                                                    
"delegate" that  was taken  off of  the standard  powers and                                                                    
inserted under "hot powers," she said.                                                                                          
                                                                                                                                
1:45:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN asked for  the definition  of a  public                                                                    
home care provider and a private  home care provider as they                                                                    
apply to this bill.                                                                                                             
                                                                                                                                
MS.  BLAISDELL  replied she  perform  a  statute review  for                                                                    
public  home care  provider,  but does  not  know whether  a                                                                    
definition for private home care provider is available.                                                                         
                                                                                                                                
1:45:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to page  36, line 15, that                                                                    
mentions  public  home  care   provider  and  he  questioned                                                                    
whether it is defined somewhere else in the statute.                                                                            
                                                                                                                                
MS.  BLAISDELL   responded  that   it  is   defined   in  AS                                                                    
47.05.017(3)(c).                                                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  what AS  47.05.017[a](3)(c)                                                                    
says.                                                                                                                           
                                                                                                                                
MS. BLAISDELL read the statute as follows:                                                                                      
                                                                                                                                
     (c) In this section, "public home care provider"                                                                           
     means a person who is paid by the state, or by an                                                                          
     entity  that  has  contracted with  the  state  or                                                                         
     received a  grant  from  state  funds,  to provide                                                                         
     homemaker services, chore  services, personal care                                                                         
     services, home  health  care services,  or similar                                                                         
     services in or around a client's private residence                                                                         
     or to provide respite care  in either the client's                                                                         
     residence   or   the  caregiver's   residence   or                                                                         
     facility.                                                                                                                  
                                                                                                                                
1:47:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined that if  the aforementioned                                                                    
Title  47  definition  was  to  be   used  in  Title  13,  a                                                                    
conforming amendment would be necessary  to reflect that the                                                                    
definition of  "public home care  provider" in Title  13 was                                                                    
taken from  [Title 47].   He explained,  "Because otherwise,                                                                    
unless  it's in  Title 1,  it doesn't  apply throughout  the                                                                    
whole statute."                                                                                                                 
                                                                                                                                
1:48:15 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER  said he understood the drafter  to say it                                                                    
was automatically covered without the reference.                                                                                
                                                                                                                                
MS. BLAISDELL  responded that  the bill  drafter recommended                                                                    
that a  specific definition  not be added  as it  was listed                                                                    
somewhere else which "is why I did not include it."                                                                             
                                                                                                                                
1:48:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  questioned   whether  the  committee                                                                    
substitute conforms to  those of the Uniform  Law Commission                                                                    
(ULC), as was  discussed during the last  committee meeting,                                                                    
and whether CSHB 8 has its support.                                                                                             
                                                                                                                                
MS.  BLAISDELL replied  that she  had only  spoken with  ULC                                                                    
regarding the  first version of the  bill, but that  she did                                                                    
forward the  committee substitute and the  letter describing                                                                    
the changes, but has not yet received a response.                                                                               
                                                                                                                                
1:49:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG advised  that  he  spoke with  Ben                                                                    
Orzeske, [Uniform  Law Commission  Legislative  Council] and                                                                    
Mr. Orzeski would  be available at 2:00  to answer questions                                                                    
telephonically.  He commented there  may be conflict between                                                                    
two uniform acts due to the manner the bill is written.                                                                         
                                                                                                                                
1:51:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  reminded the committee that  they did                                                                    
go through the ULC's model language  piece by piece with the                                                                    
Department of  Law, and  the Long  Term Care  Ombudsman, and                                                                    
picked out issues  that made sense for the  State of Alaska.                                                                    
House Bill 8 with the "yes" /  "no" options on the form, the                                                                    
ability  to   have  a   definition  of   "sign"  when   some                                                                    
individuals cannot  write their signature, and  the language                                                                    
addressing Alaska  Native legal  issues made  the  powers of                                                                    
attorney  better.   She  expressed that  the  bill does  not                                                                    
parallel the uniform  laws so they did not  receive a letter                                                                    
of support.                                                                                                                     
                                                                                                                                
1:52:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  opined that  the  phrase  causing                                                                    
problems  is  on  page  5,   line  17,  "Notwithstanding  AS                                                                    
13.26.357".                                                                                                                     
                                                                                                                                
VICE CHAIR KELLER opened public testimony.                                                                                      
                                                                                                                                
1:54:02 PM                                                                                                                    
                                                                                                                                
MARIE DARLIN,  Coordinator, American Association  of Retired                                                                    
Persons   (AARP),   said   she   represents   the   American                                                                    
Association  of Retired  Persons  (AARP)  that supports  the                                                                    
bill  as  it   cures  the  unspecific   powers  of  attorney                                                                    
problems.                                                                                                                       
                                                                                                                                
1:55:38 PM                                                                                                                    
                                                                                                                                
DENISE DANIELLO,  Executive Director,  Alaska  Commission on                                                                    
Aging  (ACoA),  Department  of  Health  &  Social  Services,                                                                    
offered support for HB 8 as people  85 and older are most at                                                                    
risk  for  developing chronic  health  conditions,  physical                                                                    
disabilities and  cognitive impairments  that may be  due to                                                                    
dementia  or  adverse  reactions   to  medications.    These                                                                    
issues,   she   expressed    open   seniors   to   financial                                                                    
exploitation and  other forms of  elder abuse.   She pointed                                                                    
out that the  bill incorporates provisions from  the Uniform                                                                    
Power of  Attorney Act  (UPOAA) making  the Alaska  Statutes                                                                    
interstate   compatible   with  other   states,   which   is                                                                    
especially  important when  a  principle and  agent live  in                                                                    
different states.                                                                                                               
                                                                                                                                
                                                                                                                                
The  Alaska   Commission  on  Aging  (ACoA)   also  supports                                                                    
incorporating  the  Substitute   Decisions  Act  (SDA)  into                                                                    
Alaska Statutes  to protect a  vulnerable person  while they                                                                    
are  traveling.    Most  importantly,  she  expressed,  ACoA                                                                    
supports  improvements  to the  Power  of  Attorney form  by                                                                    
increasing  the principle's  control  over delegating  their                                                                    
authority with  respect to  routine financial  transactions,                                                                    
as well as the "hot powers."                                                                                                    
                                                                                                                                
1:57:58 PM                                                                                                                    
                                                                                                                                
TERESA HOLT, Ombudsman, Office of  Long Term Care Ombudsman,                                                                    
Department of  Revenue, said  the Office  of Long  Term Care                                                                    
Ombudsman  investigates  complaints  on behalf  of  or  from                                                                    
seniors living  in assisted living homes  and nursing homes,                                                                    
and supports HB 8.  She  remarked that the investigations of                                                                    
durable powers of attorney are  a long standing problem such                                                                    
as: unscrupulous  agents spending senior's assets  for their                                                                    
own benefit; a personal care  attendant using the debit card                                                                    
to purchase items  for themselves; a  family member spending                                                                    
hundreds of  thousands of dollars  on vacations or  cars; an                                                                    
agent transferring the elder's home  into their own name; or                                                                    
someone  dissolving  a  family  trust prior  to  the  senior                                                                    
passing and  thereby transferring  the assets  to themselves                                                                    
rather  than  spread  amongst  the siblings.    She  offered                                                                    
excitement in  that the form  specifically states  the agent                                                                    
must act  in accordance with  the principle's wishes  or the                                                                    
principle's best interests and keep  records and that agents                                                                    
are  liable  to  restore  or   reimburse  the  principle  or                                                                    
principle's  successors if  the  agent abuses  its power  of                                                                    
attorney.    She  remarked  that seniors  have  to  indicate                                                                    
either "yes"  / "no"  for each of  the fourteen  powers, and                                                                    
the  super-powers  which  is an  active  designation  versus                                                                    
crossing out and  she appreciates a judicial  review when an                                                                    
individual  believes someone  is abusing  or misusing  their                                                                    
power of attorney.   She described situations  on both sides                                                                    
where  a  third party  accepted  a  document they  shouldn't                                                                    
have, or wouldn't accept a document  that would have been in                                                                    
senior's best interests.                                                                                                        
                                                                                                                                
2:01:57 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER referred  to page  36, line  15, and  ask                                                                    
Terry  Bannister (Legislative  Legal  and Research  Services                                                                    
drafting   attorney   on-line)  whether   or   not   another                                                                    
definition should be repeated in public home care provider.                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  then referred  Ms.  Bannister  to                                                                    
Sec. 26,  page 36, lines  14-18 regarding the  definition of                                                                    
public  home care  provider.   He  said  that Ms.  Blaisdell                                                                    
pointed  out it  is currently  defined in  AS 47.05.017  and                                                                    
unless  there is  something  in  that particular  definition                                                                    
that would  reference back  to Title  13, he  suggested that                                                                    
somewhere in "that  area of Title 13" that  public home care                                                                    
provider is defined in AS 47.05.017.                                                                                            
                                                                                                                                
TERRY  BANNISTER,   Attorney,  Legislative   Legal  Counsel,                                                                    
Legislative   Legal  and   Research  Services,   Legislative                                                                    
Affairs Agency, said the other  definition does not apply to                                                                    
this  and it  is  a good  idea to  define  public home  care                                                                    
provider.                                                                                                                       
                                                                                                                                
2:04:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked   whether  Ms.  Bannister's                                                                    
recommendation is that it is  defined "fresh," or references                                                                    
back.                                                                                                                           
                                                                                                                                
2:04:10 PM                                                                                                                    
                                                                                                                                
MS.  BANNISTER responded  that if  it is  tied to  something                                                                    
that will be the main teller  of the item, Legislative Legal                                                                    
and Research  Services references back.   But, she  said, if                                                                    
it  needs its  own special  definition it  would be  defined                                                                    
especially for the section.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered to  submit  a  conceptual                                                                    
amendment and  the drafter and  sponsor could  determine how                                                                    
to craft it.                                                                                                                    
                                                                                                                                
2:04:45 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER asked Representative  Gruenberg to ask Ms.                                                                    
Bannister  about  the  "Notwithstanding" part  as  he  would                                                                    
prefer asking Legislative Legal and Research Services.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  responded to  Vice  Chair  Keller                                                                    
that   he   is   not   sure   he   fully   understands   the                                                                    
"Notwithstanding" controversy.                                                                                                  
                                                                                                                                
2:05:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  asked  why  there are  a  number  of                                                                    
movements away  from not following  the uniform act  in more                                                                    
significant  ways.   He  said he  is particularly  concerned                                                                    
about  powers  of  attorney  which  often  are  executed  in                                                                    
Alaska, but  show up in the  other 49 states.   He described                                                                    
it as enough  of a departure from the uniform  laws that the                                                                    
ULC did not write a letter of support.                                                                                          
                                                                                                                                
MS. BANNISTER responded that is a "policy call."                                                                                
                                                                                                                                
2:07:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN suggested  that without  getting into                                                                    
the policy questions in what ways  does this differ from the                                                                    
uniform act.   He  said that "apparently  you can't  tell us                                                                    
the reasons why  you chose to differ," but  to explain where                                                                    
it differs in significant ways from the uniform act.                                                                            
                                                                                                                                
MS.  BANNISTER   replied  that   there  are   probably  many                                                                    
differences, but that does not  mean it doesn't contain some                                                                    
of the concepts  in the uniform  act.  She said  she has not                                                                    
read the  full uniform  act but knows  that the  bill pulled                                                                    
the provisions it wanted.                                                                                                       
                                                                                                                                
2:08:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG remarked  it is  important to  see                                                                    
that the bill  combines two uniform acts.  He  said he would                                                                    
like to know  what the bill does, what the  sponsor is doing                                                                    
that is different, "what's going on here."                                                                                      
                                                                                                                                
VICE CHAIR  KELLER pointed  out this is  not the  first time                                                                    
this bill has been in front of the committee.                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN referred  to Sec. [2], page  1 and noted                                                                    
that  it  refers  to  the United  States,  the  District  of                                                                    
Columbia,  the  Commonwealth  of  Puerto  Rico,  the  United                                                                    
States Virgin Islands  and questioned whether  those are the                                                                    
only locations  the bill is concerned.   He referred  to the                                                                    
Marshall Island,  Guam, and America  Samara and  asked where                                                                    
they would fit.                                                                                                                 
                                                                                                                                
2:10:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  it appears the  bill adds the                                                                    
Virgin Island  and questioned  why that  wouldn't  have been                                                                    
included previously.  He noted  that if uniform acts are now                                                                    
starting  to  include  the  Virgin  Islands  as  a  separate                                                                    
category  whether  the  legislature  should  look  at  other                                                                    
uniform  acts  to  determine  if  this  should  be  included                                                                    
generally.                                                                                                                      
                                                                                                                                
MS. BEHR,  Attorney, Alaska  Uniform Law  Delegation replied                                                                    
that the definition here is  the standard definition used in                                                                    
all uniform  acts so  as long  as the  Virgin Islands  was a                                                                    
territory or insular possession  subject to the jurisdiction                                                                    
of  the  United   States,  it  should   have  been  included                                                                    
specifically,  or would  have been  picked up  in the  catch                                                                    
all.     She  offered   that  if   Representative  Gruenberg                                                                    
preferred  to  look  at  other  uniform  acts  to  determine                                                                    
whether it was omitted, that would be appropriate.                                                                              
                                                                                                                                
2:12:07 PM                                                                                                                    
                                                                                                                                
DEBORAH  BEHR said  she  has been  a  member  of the  Alaska                                                                    
Uniform Law delegation for over  20 years and explained that                                                                    
the State  of Alaska has  been a  member of the  Uniform Law                                                                    
Commission  (ULC)  since 1914,  Alaska  has  been an  active                                                                    
participant in  that it has adopted  the major bills  of the                                                                    
ULC such  as the  Uniform Commercial  Code, and  the Uniform                                                                    
Child  Custody and  Jurisdiction  Act, she  explained.   The                                                                    
delegation   considers  the   ULC   as   a  state's   rights                                                                    
organization  wherein all  of the  states meet  once a  year                                                                    
with  the best  minds to  determine  what is  working.   She                                                                    
describes it as  a totally open process with  experts on the                                                                    
banking community, insurance  community, et cetera, watching                                                                    
how the ULC develops uniform acts.   It is voted on, similar                                                                    
to the  legislature, by the states  and [the law]  then goes                                                                    
to  the states  to  be  enacted by  all  of  the people  who                                                                    
participated in  it.  She described  [the laws] as  the best                                                                    
thoughts  across state  lines, and  easier to  enforce in  a                                                                    
nation  where  people  travel  a   lot.    She  pointed  the                                                                    
committee  to  CSHB  8,  page  37,  line  22,  "Chapter  28.                                                                    
Recognition  of  Substitute Decision-Making  Documents"  and                                                                    
opined that the bill avoids the  need for attorney and court                                                                    
involvement,   helps    the   process   move    faster   and                                                                    
inexpensively,   and  implements   the  principle's   wishes                                                                    
quickly.    Ms.  Behr  stated  that  the  bill  answers  the                                                                    
questions  between  states as  to  what  was expected,  what                                                                    
could be asked for, and the  penalty when an individual does                                                                    
not accept  one of the documents.   She offered  a situation                                                                    
where  a principle  opens a  bank account  to receive  their                                                                    
social  security check  in  a different  state, or  possibly                                                                    
consents to a  medical procedure, or the  principle's credit                                                                    
cards were  hacked and  had to  be canceled  with  new cards                                                                    
issued.  She related that the  ULC supports pages 37-41, and                                                                    
a technical amendment can be made in the other body.                                                                            
                                                                                                                                
2:15:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN asked  whether the  ULC supports  and                                                                    
the "rest  of what we are  doing here," other than  page 37-                                                                    
41.                                                                                                                             
                                                                                                                                
MS. BEHR  explained that the goal  of ULC is to  encourage a                                                                    
uniform adoption of  its laws so a judge is  familiar with a                                                                    
power  of  attorney form  or  health  care form  from  other                                                                    
states.   She noted  the sponsor  picked good  provisions of                                                                    
the  uniform  act  and   she  particularly  appreciates  the                                                                    
protection  of seniors  but  there are  a  lot things  where                                                                    
there are  differences.   Therefore, she  explained, CSHB  8                                                                    
will not go down in ULC books as a uniform act.                                                                                 
                                                                                                                                
2:16:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN asked for  an explanation  of how  it                                                                    
differs from the uniform act.                                                                                                   
                                                                                                                                
MS. BEHR  replied a red flag  is in the [power  of attorney]                                                                    
form itself  as the  uniform act  has one  general  power of                                                                    
attorney and the  agent receives all of the  powers unless a                                                                    
line is  drawn through it and  "no" is written.   The Alaska                                                                    
form is  different in that  Alaskans must stipulate  "yes" /                                                                    
"no" to  each power which is  enough to make it  not uniform                                                                    
law.   There are other  things she  could go over,  but [the                                                                    
form] is "pretty major," she remarked.                                                                                          
                                                                                                                                
2:18:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  Ms. Behr to  go  over other                                                                    
major  differences  that  would make  this  non-uniform  and                                                                    
questioned whether the  "yes/no" form as opposed  to an "opt                                                                    
out" form would make it non-uniform.                                                                                            
                                                                                                                                
MS. BEHR  advised she has not  talked to Ben  [Orzeski}, but                                                                    
when  the  options  are  "yes/no," there  is  a  possibility                                                                    
something might  be omitted.   Whereas  if someone  is given                                                                    
all  of the  powers, except  the one  the principle  crosses                                                                    
out,  the principle  has  clearly given  the  agent all  the                                                                    
powers the principle has.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG noted a provision  that if a person                                                                    
neglects to  check a box, or  checks both boxes,  by default                                                                    
the agent does not receive the power.                                                                                           
                                                                                                                                
MS.  BEHR  submitted  that  there could  be  [a  power]  the                                                                    
principle wants  to give but it  is not listed on  the form,                                                                    
and  therefore  questioned  "What  if  it  is  not  an  all-                                                                    
inclusive list."   She  opined that is  the difficulty  in a                                                                    
specific list versus a general list.                                                                                            
                                                                                                                                
2:20:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN offered  a  scenario  of a  principle                                                                    
signing a power  of attorney and if it is  a general blanket                                                                    
power  of  attorney  then  the  agent  has  full  authority.                                                                    
Whereas  when   going  line-by-line,   the   principle  must                                                                    
specifically choose  "yes/no" and,  he questioned,  does the                                                                    
principle understand  what they  are signing  away  versus a                                                                    
general power  of attorney  with exclusions.   He  expressed                                                                    
that from  an evidentiary standpoint,  the approach  the ULC                                                                    
has taken  prefers the general  power in that  an individual                                                                    
makes active efforts  to eliminate, rather  than the reverse                                                                    
of what is going on.                                                                                                            
                                                                                                                                
MS.  BEHR commented  it is  a  "major" policy  call for  the                                                                    
legislature to make.                                                                                                            
                                                                                                                                
REPRESENTATIVE  CLAMAN  questioned   how  enforceable  would                                                                    
another state  treat Alaska's "yes/no" provision  versus the                                                                    
general blanket  provisions that  might be adopted  in other                                                                    
states.  He further questioned if that could create issues.                                                                     
                                                                                                                                
MS. BEHR  stated in dealing  with conservative  attorneys in                                                                    
the financial world she has had  to explain commas, so it is                                                                    
an  issue.    She  then pointed  out  that  there  has  been                                                                    
significant testimony for the "[yes]/[no]" form.                                                                                
                                                                                                                                
2:23:00 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER noted  there has been  a suggestion  of a                                                                    
conceptual amendment  and would  like to know  the sponsor's                                                                    
thoughts.                                                                                                                       
                                                                                                                                
MS.  BLAISDELL   responded  to   Representative  Gruenberg's                                                                    
concern about the definition of  a public home care provider                                                                    
and pointed to Sec. 47, which  is very specific to home care                                                                    
providers  and is  under  the section  of administration  of                                                                    
welfare, social  services, and institutions.   She described                                                                    
it as  very broad  where a home  care provider  will conduct                                                                    
business and  it describes who  a public home  care provider                                                                    
is.  She  referred to page 36,  line 15, and  noted a public                                                                    
home care provider is discussed.   Unfortunately, she noted,                                                                    
the bill only  shows the parts of the law  being changed and                                                                    
explained  that existing  statute subsection  (b) reads  "in                                                                    
this  section  public home  care  provider  has the  meaning                                                                    
given in AS 47.05.017(c).                                                                                                       
                                                                                                                                
MS.   BLASDELL   agreed  with   Representative   Gruenberg's                                                                    
statement that  another subsection  of AS  13.26.358 already                                                                    
references back.                                                                                                                
                                                                                                                                
VICE   CHAIR   KELLER    closed   public   testimony   after                                                                    
ascertaining no one further wished to testify.                                                                                  
                                                                                                                                
2:25:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT stated she does  have concerns on the                                                                    
state-to-state functioning  of the "yes/no"  form questions,                                                                    
but believes it is in the  best interest of Alaskan seniors.                                                                    
She noted she is comfortable with the bill as written.                                                                          
                                                                                                                                
2:26:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN advised  he does not  have  a problem                                                                    
with CSHB  8 moving out of  committee but is  troubled about                                                                    
taking a different  path.  He said he has  been dealing with                                                                    
this in  an estate  matter in which  a release  from another                                                                    
state was  presented to a  sister state.   Unfortunately, he                                                                    
explained, the  sister state  didn't  like it  so attorney's                                                                    
fees started  running.   He remarked  that it  is a  concern                                                                    
because  the legislature  wants to  protect Alaskan  seniors                                                                    
from fraud  and also the public  from running into  high and                                                                    
arguably unwarranted attorney's fees.                                                                                           
                                                                                                                                
2:27:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  assured Representative  Claman  that                                                                    
everyone agrees with  him wholeheartedly, that the  issue is                                                                    
the  most  expedient and  least  expensive  care, legal  and                                                                    
otherwise, for  Alaskan seniors.   He  said that  many share                                                                    
his concerns and want to make this right.                                                                                       
                                                                                                                                
2:29:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT moved  to report the proposed  CS for                                                                    
HB  8,   Version  29-LS0055\E,   Bannister,   2/19/15,  from                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.   There being no  objection, CSHB                                                                    
8(JUD)  was  reported  from  the  House  Judiciary  Standing                                                                    
Committee.                                                                                                                      
                                                                                                                                
2:30:05 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the  committee, the                                                                    
House Judiciary Standing Committee  meeting was adjourned at                                                                    
2:30 p.m.                                                                                                                       

Document Name Date/Time Subjects
HB08 Description of Changes to ver E.pdf HJUD 2/23/2015 1:00:00 PM
HB 8
HB08 Draft Proposed ver E.pdf HJUD 2/23/2015 1:00:00 PM
HB 8
HB08 Fiscal Note - LAW.pdf HJUD 2/23/2015 1:00:00 PM
HB 8
HB08 Supporting Documents - LTCO.pdf HJUD 2/23/2015 1:00:00 PM
HB 8