Legislature(2021 - 2022)BELTZ 105 (TSBldg)
03/22/2021 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB88 | |
| SB90 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 88 | TELECONFERENCED | |
| + | SB 90 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 22, 2021
1:29 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Roger Holland, Vice Chair
Senator Joshua Revak
Senator Gary Stevens
Senator Elvi Gray-Jackson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Alaska Workers' Compensation Board
Pamela Cline - Wasilla
- CONFIRMATION ADVANCED
Board of Massage Therapists
Julie Endle - Palmer
- CONFIRMATION ADVANCED
Board of Pharmacy
James Henderson - Soldotna
Justin Ruffridge - Soldotna
- CONFIRMATIONS ADVANCED
Board of Nursing
Michael Wilcher - North Pole
- CONFIRMATION ADVANCED
Board of Registration for Architects, Engineer & Land Surveyors
Robert "Bob" Bell - Anchorage
- CONFIRMATION ADVANCED
SENATE BILL NO. 88
"An Act relating to the state insurance catastrophe reserve
account; and providing for an effective date."
- MOVED SB 88 OUT OF COMMITTEE
SENATE BILL NO. 90
"An Act relating to wills and the probate of wills; relating to
the making, witnessing, self-proving, revocation, and probate of
wills by electronic means; relating to the choice of law for
execution of wills; relating to the certification of copies of
wills; relating to the establishment of the validity of a will
before death; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 88
SHORT TITLE: STATE INSUR. CATASTROPHE RESERVE ACCT.
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) L&C, FIN
03/10/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/10/21 (S) -- MEETING CANCELED --
03/12/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/12/21 (S) Heard & Held
03/12/21 (S) MINUTE(L&C)
03/22/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 90
SHORT TITLE: ELECTRONIC WILLS
SPONSOR(s): MYERS
02/22/21 (S) READ THE FIRST TIME - REFERRALS
02/22/21 (S) JUD, L&C
03/03/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/03/21 (S) Heard & Held
03/03/21 (S) MINUTE(JUD)
03/15/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/21 (S) Heard & Held
03/15/21 (S) MINUTE(JUD)
03/17/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/17/21 (S) Moved CSSB 90(JUD) Out of Committee
03/17/21 (S) MINUTE(JUD)
03/19/21 (S) JUD RPT CS 3DP 2NR SAME TITLE
03/19/21 (S) NR: REINBOLD, SHOWER
03/19/21 (S) DP: KIEHL, HUGHES, MYERS
03/22/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
PAMELA CLINE, Appointee
Alaska Workers' Compensation Board
Department of Labor and Workforce Development (DOLWD)
Wasilla, Alaska
POSITION STATEMENT: Testified for reappointment to the Alaska
Workers' Compensation Board.
JULIE ENDLE, Appointee
Board of Massage Therapists
Department of Commerce, Community and Economic Development
Palmer, Alaska
POSITION STATEMENT: Testified for reappointment to the Board of
Massage Therapists.
JAMES HENDERSON, Appointee
Board of Pharmacy
Department of Commerce, Community and Economic Development
Soldotna, Alaska
POSITION STATEMENT: Testified for reappointment to the Board of
Pharmacy.
JUSTIN RUFFRIDGE, Appointee
Board of Pharmacy
Department of Commerce, Community and Economic Development
Soldotna, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Pharmacy.
MICHAEL WILCHER, Appointee
Board of Nursing
Department of Commerce, Community and Economic Development
North Pole, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Nursing.
ROBERT "BOB" BELL, Appointee
Board of Registration for Architects, Engineers & Land Surveyors
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Registration for Architects, Engineers, and Land Surveyors.
SENATOR ROBERT MYERS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 90.
JOSIAH NASH, Staff
Senator Robert Myers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 90,
version B.
ABIGAIL O'CONNOR, Attorney
O'Connor Law LLC
Anchorage, Alaska
POSITION STATEMENT: Invited testimony in support of SB 90.
LINDA HULBERT, representing self
Fairbanks, Alaska
POSITION STATEMENT: Invited testimony in support of SB 90.
MATTHEW BLATTMACHR, Attorney
Peak Trust Company
Anchorage, Alaska
POSITION STATEMENT: Invited testimony in support of SB 90.
ACTION NARRATIVE
1:29:50 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:29 p.m. Present at the call to
order were Senators Revak, Gray-Jackson, Holland, Stevens, and
Chair Costello.
She reviewed the agenda.
^Confirmation Hearing(s)
CONFIRMATION HEARING(S)
Alaska Workers' Compensation Board
Board of Massage Therapists
Board of Pharmacy
Board of Nursing
Board of Registration for Architects Engineers & Land Surveyors
1:31:37 PM
CHAIR COSTELLO announced the consideration of Governor
Appointees to Boards and Commissions.
She asked Pamela Cline to introduce herself, provide a brief
background, and explain her interest in serving on the Alaska
Workers' Compensation Board.
1:32:10 PM
PAMELA CLINE, Appointee, Alaska Workers' Compensation Board,
Department of Labor and Workforce Development (DOLWD), Wasilla,
Alaska, stated that she had served on the board since 2012 and
would like to be reappointed. She recounted that she started
work as a pharmacy tech in 1994, moved to MatSu Regional Medical
Center in 2000, and into the Anchorage IBEW office in 2012 to
represent hospital and other workers through the union. She said
she found it rewarding to work on worker's compensation cases
and help injured employees. She opined that the board does a
good job of looking at all sides of workers' compensation,
providing necessary benefits, and ensuring that employer costs
are reasonable.
CHAIR COSTELLO asked how many hospital workers she represents.
MS. CLINE replied she represents the 340 to 360 members at MatSu
Regional that are not nursing or supervisor staff.
1:34:10 PM
CHAIR COSTELLO opened public testimony on the appointment of Pam
Cline to the Alaska Workers' Compensation Board; finding none,
she closed public testimony.
CHAIR COSTELLO asked Julie Endle to introduce herself, provide a
brief background, and explain her interest in serving on the
Board of Massage Therapists.
1:34:43 PM
JULIE ENDLE, Appointee, Board of Massage Therapists, Department
of Commerce, Community and Economic Development (DCCED), Palmer,
Alaska, stated that she had served on the Board of Massage
Therapists since 2019. She related her background is in
telephony and retail and she owns a vacation rental business.
Her interest in serving on the board is to help prevent sex and
human trafficking through the massage industry, to protect the
public from harm, and to promote the integrity of the
profession.
CHAIR COSTELLO thanked her for her past service and interest in
continuing to serve.
1:36:04 PM
CHAIR COSTELLO opened public testimony on the appointment of
Julie Endle to the Board of Massage Therapists; finding none,
she closed public testimony.
CHAIR COSTELLO asked James Henderson to introduce himself,
provide a brief background, and explain his interest in serving
on the Board of Pharmacy.
1:36:33 PM
JAMES HENDERSON, Appointee, Board of Pharmacy, Department of
Commerce, Community and Economic Development (DCCED), Soldotna,
Alaska, stated that he began his pharmacy career in 1995 and
opened his own home infusion pharmacy in Soldotna in 2014. He
has served on the board for several years and would like to
continue the work. He mentioned work on the opioid crisis and
COVID-19 issues in particular.
CHAIR COSTELLO asked if he had any suggestions to improve the
process for entering information into the prescription drug
database.
MR. HENDERSON replied the process is simple as long as your
computer is set up to enter the data. He observed that the
process seemed more onerous for smaller businesses. He related
that he enters data every day and he did not know if there was a
way to improve the process because of the wide variation in
software that is used.
SENATOR STEVENS asked for an explanation of home infusion.
MR. HENDERSON explained that it is a process of administering
medications through infusion in a patient's home rather than in
a hospital. For example, he might send a nurse to a private home
to give a patient an antibiotic infusion.
SENATOR STEVENS thanked him for the explanation and for his
service on the board.
1:39:52 PM
CHAIR COSTELLO opened public testimony on the appointment of
James Henderson to the Board of Pharmacy; finding none, she
closed public testimony.
CHAIR COSTELLO asked Justin Ruffridge to introduce himself,
provide a brief background, and explain his interest in serving
on the Board of Pharmacy.
1:40:24 PM
JUSTIN RUFFRIDGE, Appointee, Board of Pharmacy, Department of
Commerce, Community and Economic Development (DCCED), Soldotna,
Alaska, stated that he returned to his hometown of Soldotna to
practice after graduating from Washington State University with
a Doctor of Pharmacy degree. He has been involved in a variety
of pharmacy practices including dispensing, compounding,
ambulatory care, medication management services, vaccinations,
and COVID-19 testing and vaccinations. He reported that he owns
pharmacies in Soldotna, Girdwood, and Juneau. He also taught
pharmacy at UA. He related that he has served on the Soldotna
City Council for several years and he looks forward to serving
the pharmacy profession as a whole.
CHAIR COSTELLO ask if the city council had addressed issues
related to pharmacies and if there could be any conflict between
that public service and serving on the Board of Pharmacy.
MR. RUFFRIDGE replied he had served on the city council since
2018 and pharmacy matters had not come up. He acknowledged that
pharmacies have been in a spotlighted role with the pandemic by
offering testing and vaccines.
1:43:35 PM
CHAIR COSTELLO opened public testimony on the appointment of
Justin Ruffridge to the Board of Pharmacy; finding none, she
closed public testimony.
CHAIR COSTELLO asked Michael Wilcher to introduce himself,
provide a brief background, and explain his interest in serving
on the Board of Nursing.
1:44:02 PM
MICHAEL WILCHER, Appointee, Board of Nursing, Department of
Commerce, Community and Economic Development, North Pole,
Alaska, stated that he had been a licensed LPN for 26 years and
had lived and worked in Alaska since 1999. He related that he
started as a long-term care nurse and found his niche in
orthopedics. He supervised and managed clinics before taking a
position at the VA clinic in Fairbanks. He said he was pleased
when he was asked to apply for this position and he looks
forward to the service. He noted that it would not conflict with
his career as a federal employee.
SENATOR GRAY-JACKSON asked what he envisions his responsibility
on the board will be, if approved.
MR. WILCHER replied he is inexperienced, but he has a lot of
contact with nursing professionals and he hears their concerns.
For example, it is difficult to find information about
continuing education on the Board of Nursing website and it
would be good to make that site more user friendly. He also
mentioned disciplinary actions as an area that could use a fresh
perspective.
SENATOR GRAY-JACKSON have if he had been under disciplinary
action.
MR. WILCHER answered yes; it was related to continuing education
credits. He explained that nurses must have 30 continuing
education credits every two years and they submit proof of those
at the request of the board. In 2016, he submitted 42 continuing
education credits for review in response to a random audit. The
board rejected 20 of those credits so he was 8 credits short. He
said there was no place [on the website] that he could look to
see whether the 20 credits he submitted were acceptable, but he
did find that all states other than Alaska accepted those
credits. He said he made up the credits, paid a $1,200 or $1,500
fine, and submitted to mandatory audits for the next two license
renewals. He said he would like to make that kind of information
easier to find on the board's website.
SENATOR GRAY-JACKSON asked if a false statement violation was
part of the disciplinary action.
MR. WILCHER replied he did not recall the terminology but the
matter is in his professional license record that is available
online.
SENATOR GRAY-JACKSON asked if he had ever attended a Board of
Nursing meeting.
MR. WILCHER answered no.
SENATOR GRAY-JACKSON asked if he would be able to put aside his
clearly articulated personal opinions about the COVID-19
vaccine, mask wearing, and validity of the virus for the common
good of all Alaskans.
MR. WILCHER answered absolutely, and he received the COVID-19
vaccine this morning.
1:52:58 PM
CHAIR COSTELLO opened public testimony on the appointment of
Michael Wilcher to the Board of Nursing; finding none, she
closed public testimony.
CHAIR COSTELLO asked Bob Bell to introduce himself, provide a
brief background, and explain his interest in serving on the
Board of Registration for Architects, Engineers, and Land
Surveyors.
1:53:40 PM
ROBERT "BOB" BELL, Appointee, Board of Registration for
Architects, Engineers & Land Surveyors, Department of Commerce,
Community and Economic Development (DCCED), Anchorage, Alaska,
stated that he was semi-retired after 50 years practicing
engineering and land surveying in Alaska so he has the time to
serve on this board. He listed his past board and commission
service including the Anchorage Assembly, the State Board of
Game, and the Performing Arts Center Board. He said he brings
experience in the technical, administrative and political
aspects of the professions this board oversees and he has
enjoyed serving over the past year.
CHAIR COSTELLO thanked him for his decades of service to the
state.
SENATOR STEVENS thanked him for his military service.
CHAIR COSTELLO asked what challenges he sees facing the
professions that this board oversees.
MR. BELL answered that continuing education is a challenge
because there is no clearly approved site an engineer,
architect, or land surveyor can go to take courses and know the
board will approve the credits. The board does not approve the
courses UAA offers. The board tells licensees to read the
statute to ensure a course meets the statutory requirements but
the statute is vague. He opined that the board should list the
courses it will accept that meet the statutory requirements.
CHAIR COSTELLO offered legislative help to review the statute
and provide clarity.
SENATOR HOLLAND thanked each of the appointees that volunteered
their service.
SENATOR GRAY-JACKSON expressed appreciation for his community
service.
SENATOR STEVENS asked how often this board meets.
MR. BELL replied it meets for two days each quarter.
SENATOR STEVENS commented that it seems that the board could
easily pre-approve continuing education courses and wished him
luck in working toward a resolution.
SENATOR REVAK echoed his colleagues' comments and highlighted
Mr. Bell's amazing list of accomplishments. The thanked all the
applicants.
1:59:20 PM
CHAIR COSTELLO opened public testimony on the appointment of
Robert "Bob" Bell to the State Board of Registration for
Architects, Engineers, and Land Surveyors; finding none, she
closed public testimony.
1:59:34 PM
SENATOR HOLLAND stated that in accordance with AS 39.05.080, the
Senate Labor and Commerce Standing Committee reviewed the
following and recommends the appointments be forwarded to a
joint session for consideration:
Alaska Workers' Compensation Board
Pamela Cline - Wasilla
Board of Massage Therapists
Julie Endle Palmer
Board of Pharmacy
James Henderson - Soldotna
Justin Ruffridge - Soldotna
Board of Nursing
Michael Wilcher - North Pole
Board of Registration for Architects, Engineers & Land Surveyors
Robert "Bob" Bell - Anchorage
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
SB 88-STATE INSUR. CATASTROPHE RESERVE ACCT.
2:00:22 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO. 88
"An Act relating to the state insurance catastrophe reserve
account; and providing for an effective date."
She advised that the Rules Committee introduced the bill at the
request of the governor and noted who was available to answer
questions. She said this is the second hearing and her intention
is to hear public testimony and look to the will of the
committee.
CHAIR COSTELLO read the following transmittal letter for SB 88
into the record to refresh members' recollection of the bill:
The State of Alaska, through its self-insurance
program, maintains insurance coverage to protect state
assets and operations, and adequate reserves to
satisfy all foreseeable claims or judgements. The
State Insurance Catastrophe Reserve Account was
established in 1987 to obtain insurance, establish a
self-insurance reserve, and to satisfy ongoing claims
and judgments. When it was originally established, the
account was primarily intended as a reserve against
large catastrophic losses. However, because the
reserve balance is capped at $5,000,000, the State has
been acquiring excess coverage on the market to
adequately protect against catastrophic losses. Market
forces have changed, insurance rates continue to
increase, and it is no longer cost effective for the
state to purchase excess insurance. The Reserve's
balance is typically capitalized through lapsing
appropriations at the end of the fiscal year. By
increasing the statutory cap to $50,000,000 and slowly
increasing the Reserve balance, the State will once
again be able to fully self-insure against property
losses. This change is estimated to save $3 million
the first year and up to $6 million annually within
four years.
This measure will provide the State flexibility,
control, and cost savings in its self-insurance
program.
CHAIR COSTELLO determined that the members had no questions for
the director of the Division of Risk Management.
2:03:00 PM
CHAIR COSTELLO opened public testimony on SB 88; finding none,
she closed public testimony and asked the will of the committee.
2:03:18 PM
SENATOR HOLLAND moved to report SB 88, work order 32-GS1689\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR COSTELLO found no objection and SB 88 moved from the
Senate Labor and Commerce Standing Committee.
SB 90-ELECTRONIC WILLS
2:03:42 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO. 90
"An Act relating to wills and the probate of wills; relating to
the making, witnessing, self-proving, revocation, and probate of
wills by electronic means; relating to the choice of law for
execution of wills; relating to the certification of copies of
wills; relating to the establishment of the validity of a will
before death; and providing for an effective date."
[CSSB 90(JUD) was before the committee.]
2:04:23 PM
At ease
2:08:01 PM
CHAIR COSTELLO reconvened the meeting and asked the sponsor to
introduce the bill.
SENATOR MYERS, Alaska State Legislature, Juneau, Alaska, sponsor
of SB 90 introduced the legislation paraphrasing the following
sponsor statement.
2:08:50 PM
In Alaska, all wills except handwritten wills must be
executed in-person with at least two witnesses
present. Current state probate legislation does not
account for the remote signing and witnessing of
wills. This can make it difficult for the elderly or
those with little resources to plan their estate. The
COVID-19 pandemic has exacerbated circumstances
surrounding traditional estate planning. The public
closure of the state's Pioneer Homes and assisted
living homes has isolated many seniors from these
services. Additional legislation is required to bring
tools utilized throughout the pandemic, such as video
conferencing, to the estate planning process.
SB 90 aims to fill the gap in probate legislation by
allowing the electronic signing and witnessing of
wills. This bill enables individuals to draft and sign
a will on a computer, tablet, or other electronic
device. Witnesses can also observe the execution of a
will through a video and audio link and do not need to
be physically present. These reforms and
modernizations will bring additional accessibility and
connectivity to a state that has many small rural
communities out of the reach of the road system.
As Alaska moves towards the future, so should our will
and probate process
SENATOR STEVENS commented on the potential for fraud and asked
for assurance that nobody else could write his will for him.
SENATOR MYERS explained that to maintain the existing
protections, the bill requires video and audio contact with the
attorneys and notary who are attesting to the identity of the
testator and witnesses during the will signing. He noted that
Alaska probate law allows flexibility in writing the will but
has robust protections to allow the opportunity to challenge the
execution of the will.
CHAIR COSTELLO asked if other states have similar legislation.
SENATOR MYERS answered yes; he recalled that about 12 states
allow this, and another 30 states are working on similar model
legislation from the Uniform Law Commission. He noted that SB 90
altered the model legislation slightly to accommodate Alaska
statutes.
CHAIR COSTELLO asked for an explanation of the Uniform Law
Commission
SENATOR MYERS explained that it is a group of attorneys from
across the country that create draft legislation to address
topics that have widespread and national implications. Will
writing is one of those topics. The model legislation is uniform
to accommodate people who write their wills in one jurisdiction
and subsequently move to another. With a uniform law, the will
would be valid in both jurisdictions.
CHAIR COSTELLO asked if wills written in one jurisdiction are
not necessarily valid if a person dies in another jurisdiction.
SENATOR MYERS replied he did not believe that had been an issue
and SB 90 seeks to ensure that continues to be the case going
forward.
2:15:02 PM
CHAIR COSTELLO asked him to explain the current process to file
a will.
SENATOR MYERS explained that an individual would typically go to
an attorney who would write their will; a notary would witness
the signing by the testator and their witnesses giving
reasonable assurance that it was created without duress; and the
testator would then file the will at home, with their attorney,
or the court.
2:16:10 PM
SENATOR REVAK asked if the bill stems in part because the
pandemic made it difficult to impossible for people to prepare
and file their wills.
SENATOR MYERS replied it was attorneys primarily who asked him
to file the bill because it had been so difficult to complete
probate work with their clients.
SENATOR STEVENS noted that he recently rewrote his will and
filed it with the court so that his family knows where it is. He
asked for an explanation of electronically filing a will with
the court.
SENATOR MYERS clarified that the Court System in Alaska is not
set up to accept electronic filing, including wills. The bill
does provide that a will that has been signed electronically is
valid and a certified copy may be filed with the court. The
model legislation from the Uniform Law Commission allows
electronic filing with the court and the original bill had that
language. The previous committee amended that language to
reflect that the Alaska Court System cannot accommodate
electronic filing.
CHAIR COSTELLO found no further questions and asked Mr. Nash to
walk through the sectional analysis, including the changes the
previous committee made.
2:19:06 PM
JOSIAH NASH, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 90, version B.
Section 1.
A will is defined as a document that directs how an
individual's property should be distributed or managed
after their death. This definition is expanded to
include an electronic will.
Section 2.
Electronic presence is defined as two or more
individuals in multiple locations with technology that
enables these individuals to maintain audio and visual
contact and communicate. This definition includes the
communication between individuals who have a visual,
hearing, or speech impairment. Additionally, an
electronic will is defined as a will with electronic
text and/or the electronic signature of the testator
or a witness.
Section 3.
A will disposing of personal property in any location,
or real property located in Alaska, made in or outside
of Alaska by a resident or non-resident of the state
where the property is located, is valid and admissible
to probate in Alaska if the will is a record readable
as text at the time of signing and signed by the
testator and executed under the local law of this
state, the jurisdiction where the testator was
physically present when they signed the will, or the
jurisdiction where the testator lived, either at the
time of the execution of the will or at death.
Section 4.
Except as provided in several instances in other
sections of the statutes, a will must be a record that
is readable as text at time of signing, signed by the
testator or signed in their name by another individual
who is taking direction from the testator and in their
physical or electronic presence, and signed by at
least two individuals who are in the physical or
electronic presence of the testator at the time of
signing and sign within a reasonable time after
witnessing the signing of the will or the testator's
acknowledgment of that signature. A will that does not
comply with these requirements is valid as a
holographic will without any witnesses if signature
and material portions are in the testator's
handwriting or readable as text.
MR. NASH explained that a holographic will cannot be generated
electronically, but a copy in the form of an electronic image
can be filed with the court. A computer with a text editor
cannot be used to create a holographic will.
Section 5.
This section contains an oath for the testator and
witnesses of a will to proclaim before an officer
authorized to administer the oath of laws of the state
where the testator is physically present.
This section contains an oath similar to the oath in
Sec. 5 but is for use after the execution of a will to
retroactively self-prove it.
2:23:13 PM
Section 7.
Except as provided in another section of the statutes,
a will is valid if executed in compliance with the law
at the time of execution of the place where the will
is executed, which is the place where the testator is
physically present while signing the will, or the laws
of the place where the testator abodes at time of
death.
Section 8.
A will or a section of a will is revoked by executing
another will that overwrites the previous will, or by
the testator destroying or deleting the will themself
or with the aid of another individual acting at their
direction.
MR. NASH noted that a requirement was added for clear and
convincing evidence to be used as the legal standard to prove a
testators intent in revoking a will.
Section 9.
An individual can make a paper copy of their will by
taking an oath that copy is true and accurate. If the
will is self-proving, the copy must include the self-
proving affidavits.
MR. NASH noted that the provision in Section 9 was amended in
the previous committee to allow a copy of a holographic will, as
discussed in Section 4.
Section 10.
A petition to the court to determine whether a trust
is valid and enforceable before a settlor's death must
contain:
1. A statement that a copy (may be electronic
copy) of the will has been filed with the court.
2. A statement that the will is in writing or
is an electronic will.
3. A statement that the will was signed by the
testator or by another individual at the
testator's direction in the physical or
electronic presence of the testator.
4. In the case of a witnessed will, a statement
that the will was signed by at least two
individuals, each of whom signed within a
reasonable amount of time after witnessing the
signing of the will or the testator
acknowledgment of the signature on the will.
5. In the case of a holographic will, a
statement that the signature and material
portions are in the testator's handwriting or a
record readable as text.
MR. NASH advised that the foregoing was changed to be in
electronic form, but it cannot be electronically generated.
6. A statement that the will is executed with
the testator's intent.
7. A statement that the testator had legal and
mental capacity.
8. A statement that the testator was free from
undue influence and duress.
9. A statement that the will was not executed
fraudulently or mistakenly.
10. Names and addresses of the testator,
testator's spouse, testator's children,
testator's heirs, personal representative
nominated in the will, and the devices of the
will.
11. If minors, the ages of the testator's
children, the testator's heirs, and the devisees
under the will, as far as known or ascertainable
with reasonable diligence by the petitioner.
12. A statement that the will has not been
revoked of modified.
13. A statement that the testator is familiar
with the contents of the will.
2:27:37 PM
SENATOR STEVENS asked what assurance he would have that an
electronic will would be available in the future.
SENATOR MYERS replied he understands the concern but losing a
will is already an issue when it is on paper. He said the
previous committee primarily addressed revocatory acts and
added, "deleting" to the list of ways a will could be revoked.
The clear and convincing standard was added to ensure that when
a will is deleted it is intentional. To safeguard a will the
recommendation is to file it in a safe, with an attorney, with
the court or all the foregoing to protect yourself and heirs, he
said.
MR. NASH continued the sectional analysis. He advised that
Section 10 was amended in the previous committee to clarify that
a paper copy of an electronic will may be filed with the Alaska
Court System. It is not set up to accept electronic wills.
Section 11.
Applications for informal probate or appointment shall
be directed to the registrar and verified by the
applicant to be true to the applicant's best knowledge
as to the following information:
1. Every application for informal probate of a will
or for informal appointment of a personal
representative other than a special or successor
representative, must contain the following.
a. A statement of interest of the applicant.
b. The name and age of the decedent, decedent
death date, the judicial district, and the state
of the decedent's domicile at the time of death,
and the names and addresses of the spouse,
children, heirs, and devisees and ages of any who
are minors ascertainable with reasonable
diligence by the applicant.
c. If decedent was not living in the state at
the time of death, a statement showing venue.
d. A statement identifying the address of any
personal representative of the decedent appointed
in this state of elsewhere whose appointment has
not been terminated.
e. A statement indicating whether the applicant
has received a demand for notice of any probate
or appointment proceeding concerning the decedent
that may have been filed in this state or
elsewhere.
f. A statement that the time limit for informal
probate has not expired either because three
years or less have passed, that circumstances as
described by the statutes, authorizing tardy
probate or appointment have occurred.
2. An application for informal probate of a will
must state the following in addition to the
aforementioned statements:
a. Original of the decedent's will or a paper
copy of the will is in the possession of the
court, or accompanies the application, or that an
authenticated copy or a will probated in another
jurisdiction accompanies the application.
b. To the best of the applicant's knowledge,
believes the will to have been validly executed.
c. After the exercise of reasonable diligence,
the applicant is unaware of and instrument
revoking the will, and that the applicant
believes that the instrument that is the subject
of the application is the decedent's will.
3. Application for informal appointment of a
personal representative to administer an estate under
a will must describe the will by date of signing and
state the time and place of probate or the pending
application or petition for probate. Application for
appointment must adopt the statements in the
application or petition for probate and sate the name
address and priority for appointment of the person
whose appointment is sought.
4. An application for informal appointment of an
administer in intestacy must state in addition to the
statements required by section one as aforementioned.
a. After reasonable diligence, the applicant is
unaware of any unrevoked testamentary instrument
relating to property having a situs in this state
under statutes, or statement why any such instrument
of which the applicant may be aware is not being
probated.
b. Priority of the person whose appointment is
sought and the names of any other persons having prior
or equal right to the appointment.
5. Application for appointment of a personal
representative to succeed a personal representative
appointed under a different testacy status must refer
to the order in the most recent testacy proceeding.
The application must state the name and address of the
person whose appointment is sought and of the person
whose appointment will be terminated if the
application is granted and describe the priority of
the applicant.
2:35:02 PM
CHAIR COSTELLO turned to invited testimony.
2:35:03 PM
ABIGAIL O'CONNOR, Attorney, O'Connor Law LLC, Anchorage, Alaska,
stated that she practices solely in the area of trust and estate
law and was one in the group of Alaska trust and estate lawyers
who drafted this legislation. It is based primarily on the
Uniform Law Commission model legislation with some adjustment
specific to Alaska.
MS. O'CONNOR addressed the questions the committee posed.
Responding to Senator Steven's question about the potential for
fraud, she said the sad reality is that fraud with wills cannot
be prevented. The issue is handled by remedy and those will
continue. With regard to filing an electronic will with the
court, she said the bill has a new section for the certification
of a copy of an electronic will and that certified paper copy
can be filed with the court. Regarding the concern about a
deleted or destroyed will, she said that is already a problem
and it is the individual's responsibility to adequately protect
and store their wills. She said she counsels her clients to file
the will with the court, store it in a safe deposit box, or keep
it in a fireproof safe.
In response to Senator Costello's question, she said states
generally accept valid wills from other states, but there are
exceptions. Florida, for example, does not accept any
handwritten wills, even if they are deemed valid in another
state. To the question of filing an electronic will with the
court, she said that can be done by filing a certified [paper]
copy of the electronic will.
In response to Senator Revak's question, she confirmed that
there were difficulties for people trying to sign wills during
the pandemic. Some people were unable to sign their wills
altogether.
2:40:52 PM
MS. O'CONNOR said she supports SB 90, but believes that the
language added with the amendments in the previous committee
could be improved.
CHAIR COSTELLO asked her to provide her testimony and responses
to the questions in writing.
2:41:29 PM
LINDA HULBERT, representing self, Fairbanks, Alaska, stated that
she has been an insurance and financial professional for 30
years and the industry has transitioned from paper to electronic
documents in the last year Companies are able to write an
application, underwrite an application, and deliver a policy
electronically. Her clients want personal service and the
efficiency of electronic documents. She said she supports SB 90;
"The need for electronic wills is substantial."
CHAIR COSTELLO encouraged her to submit her testimony in
writing.
2:43:27 PM
MATTHEW BLATTMACHR, Attorney, Peak Trust Company, Anchorage,
Alaska, stated that his company practices in the area of estate
planning. He agreed with previous testimony that the nation is
moving in the direction of electronic documents. SB 90 would add
clarity to the statutes as to what is allowed and how it is
allowed. Rural communities in particular would be benefited, as
would anybody who is affected by the COVID-19 pandemic. He
voiced support for SB 90.
CHAIR COSTELLO encouraged him to submit his written testimony to
the committee.
2:44:39 PM
CHAIR COSTELLO opened public testimony on SB 90; finding none,
she closed public testimony.
2:44:50 PM
CHAIR COSTELLO held SB 90 in committee.
2:45:29 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:45 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SLAC GOV Appointee James Henderson Board Application Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE BP JAMES HENDERSON |
| SLAC GOV Appointee Justin Ruffridge Board Application Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE BP jUSTIN RUFFRIDGE |
| SLAC GOV Appointee Justin Ruffridge Resume Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE BP JUSTIN RUFFRIDGE |
| SLAC GOV Appointee Julie Endle Board Application Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE BMT JULIE ENDLE |
| SLAC GOV Appointee Michael Wilcher Resume Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE BN MICHAEL WILCHER |
| SLAC GOV Appointee Pamela Cline Board Application Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE AWCB PAMELA CLINE |
| SLAC GOV Appointee Robert Bell Resume Redacted.pdf |
SL&C 3/22/2021 1:30:00 PM |
SLAC GOV APPOINTEE AELS ROBERT BELL |
| CSSB 90 Version G.PDF |
SL&C 3/22/2021 1:30:00 PM |
SB 90 |