Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/13/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| HB308 | |
| SB212 | |
| SB187 | |
| HB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 187 | TELECONFERENCED | |
| + | HB 308 | TELECONFERENCED | |
| *+ | SB 212 | TELECONFERENCED | |
| + | HB 27 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 8 | TELECONFERENCED | |
HB 8-POWERS OF ATTORNEY
2:52:24 PM
CHAIR MCGUIRE announced the consideration of HB 8. She relayed
that this is the second hearing, public testimony is open, and
there is a proposed committee substitute.
2:53:10 PM
SENATOR COSTELLO moved to adopt SCS CSHB 8, labeled 29-LS0055\L,
as the working document.
CHAIR MCGUIRE announced that without objection version L is
adopted.
2:53:33 PM
REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature, sponsor
of HB 8, thanked the Chair for bringing the bill back for
consideration. She described HB 8 as a top priority for many
groups representing seniors and noted it is the culmination of
three year's work.
2:54:01 PM
GINGER BLAISDELL, Staff, Representative Shelley Hughes, reviewed
the changes between version G and version L of HB 8.
Page 5, lines 2 and 10:
Change "seven" to "five".
Page 5, line 13:
Change "five" to "three".
Explanation:
Three amendments change the wait times by two fewer
days, for businesses and financial institutions to
honor the Agent's powers. When the Agent is acting on
behalf of the Principle in honesty, reducing the wait
time to less than two weeks, could reduce the
possibility for unforeseen consequences. A delay to
recognize the POA could result in late payments with
fees and can cause undue stress and unnecessary
administrative burden on the Agent.
Page 7, lines 3-10:
Delete all material.
Renumber remaining bill sections accordingly.
Explanation:
This amendment is a conforming amendment so that the
Power of Attorney language adopted in this Act
eliminates duplicative language that is provided for
in the Recognition of Substitute Decision-Making
Documents provisions in Section 27 (renumbered).
Page 8, lines 7-13:
Delete: "Mark the box of "NO" that is opposite a
category below to indicate that you are not giving
your agent or agents the power in that category. Mark
a box for every category. If you do not mark either of
the boxes opposite a category, or if you mark both of
the boxes"
Insert" "If you do not mark a box"
Page 8, line 21 through Page 9, line 10:
Remove the "NO" column
Page 13, lines 23-26:
Delete: "(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."
Explanation:
Three amendments change the statutory form to offer
only a "Yes" column for the principal to indicate
which powers are to be given to the agent. The
amendments remove additional instruction on completing
the form to fit a single option response rather than a
"yes" - "no" option.
Page 38, lines 16-17:
Delete "Except as provided in AS 13.26.331, a"
Insert "A"
Explanation:
This amendment is a conforming amendment so that the
Power of Attorney language adopted in this Act
eliminates duplicative language that was provided in
Section 5.
2:55:17 PM
SENATOR COGHILL described the current version as a good
compromise.
SENATOR COSTELLO thanked the sponsor for working with the
committee to add protections for seniors.
2:56:21 PM
SENATOR COGHILL moved to report the Senate CS for CS for HB 8,
labeled 29-LS0055\L, from committee with individual
recommendations and attached zero fiscal note.
CHAIR MCGUIRE announced that without objection, SCS CSHB 8(JUD)
is reported from the Senate Judiciary Standing Committee.