Legislature(2015 - 2016)
2015-03-09 House Journal
Full Journal pdf2015-03-09 House Journal Page 0401 HB 8 The following, which was advanced to third reading from the March 6, 2015, calendar (page 385), was read the third time: CS FOR HOUSE BILL NO. 8(JUD) "An Act relating to powers of attorney and other substitute decision-making documents; relating to the uniform probate code; and providing for an effective date." 2015-03-09 House Journal Page 0402 Representative Claman moved and asked unanimous consent that CSHB 8(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 8(JUD) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Claman and Hughes: Page 1, line 2, following "code;" (title amendment): Insert "relating to notaries public;" Page 36, line 8, following "attorney.": Insert "(a)" Page 36, following line 13: Insert a new subsection to read: "(b) Notwithstanding AS 44.50.062(5)(A), a notary public may consider that the principal has signed a power of attorney if the principal, in the presence of the notary public, directs another individual to sign under (a)(1) of this section." Representative Claman moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted, and the new title follows: CS FOR HOUSE BILL NO. 8(JUD) am "An Act relating to powers of attorney and other substitute decision-making documents; relating to the uniform probate code; relating to notaries public; and providing for an effective date." Amendment No. 2 was offered by Representative Claman: Page 6, following line 21: Insert a new subsection to read: 2015-03-09 House Journal Page 0403 "(b) An agent's authority terminates when: (1) the principal revokes the authority; (2) the agent dies, becomes incapacitated, or resigns; (3) an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) the power of attorney terminates" Renumber the following subsection accordingly. Representative Claman moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. Representative Claman moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Claman: Page 13, line 7, following "category": Insert "; (6) if the principal has failed to indicate the terms of the agent's compensation, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances" Representative Claman moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. Representative Claman moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Claman: 2015-03-09 House Journal Page 0404 Page 12, line 24: Delete "the agents are required to act jointly" Insert "each coagent may exercise its authority independently [THE AGENTS ARE REQUIRED TO ACT JOINTLY]" Representative Claman moved and asked unanimous consent that Amendment No. 4 be adopted. There was objection. Representative Claman moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Claman: Page 4, following line 21: Insert new subsections to read: "(i) Except as otherwise provided in the power of attorney and subsection (j), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent. (j) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action." Representative Claman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hughes objected. Representative Claman moved and asked unanimous consent to withdraw Amendment No. 5. There being no objection, it was so ordered. 2015-03-09 House Journal Page 0405 Amendment No. 6 was offered by Representative Claman: Page 6, lines 14 - 15: Delete all material. Renumber the following paragraphs accordingly. Page 13, line 1: Delete "revoked by the subsequent incapacity [DISABILITY] of the principal" Insert "durable [REVOKED BY THE SUBSEQUENT DISABILITY OF THE PRINCIPAL]" Representative Claman moved and asked unanimous consent that Amendment No. 6 be adopted. There was objection. Representative Claman moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. CSHB 8(JUD) am was automatically in third reading. The question being: "Shall CSHB 8(JUD) am pass the House?" The roll was taken with the following result: CSHB 8(JUD) am Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Tarr, Thompson, Tilton, Vazquez, Wilson, Wool Nays: Guttenberg, Tuck 2015-03-09 House Journal Page 0406 Excused: Olson And so, CSHB 8(JUD) am passed the House. Representative Millett moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 8(JUD) am was referred to the Chief Clerk for engrossment.