Legislature(2013 - 2014)CAPITOL 120
04/09/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB282 | |
| HB60 | |
| SB64 | |
| SB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 108 | TELECONFERENCED | |
| + | SB 116 | TELECONFERENCED | |
| + | SB 170 | TELECONFERENCED | |
| + | SJR 22 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 64 | TELECONFERENCED | |
| += | HB 282 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| += | HB 60 | TELECONFERENCED | |
HB 60-UNIFORM REAL PROPERTY TRANSFERS ON DEATH
1:45:14 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 60, "An Act adopting and relating to the Uniform
Real Property Transfer on Death Act."
[Chair Keller stated that having been adopted at the meeting of
4/7/14, the proposed committee substitute (CS) for HB 60,
Version 28-LS0265\Y, Banister, 4/6/14, was before the committee
with an objection for the purpose of discussion by Chair
Keller.]
CHAIR KELLER, in response to Representative Gruenberg, named the
witnesses who are available to testify on HB 60.
REPRESENTATIVE GRUENBERG recalled that the committee has already
vetted the proposed bill. He stressed the importance of
proposed section 1, which allows trusts that are administered in
Alaska to have - as a default provision - the "choice of law
provision" where the law of Alaska will apply. The remainder of
the bill is the Uniform Real Property Transfer On Death Act,
which will take the place of completing the probate/will process
or having a trust, and will conform the Probate Code.
Representative Gruenberg said Version Y of the bill eliminates
the provision in a previous version which allowed title to be
held in joint tenancy with the right of survivorship. The
current state of the law in Alaska prohibits joint tenancy with
the right of survivorship - where the property passes to the
surviving owners - unless it is in the case of tenancy of the
entirety, which only applies to a husband and wife, meeting the
definition of husband and wife under Alaska law. He clarified
that there should be no expansion in the proposed bill in the
rights of same-sex couples.
CHAIR KELLER remarked:
So there is no expansion whatsoever on the different
rights that are tied to tenancy groups, tenancy
definitions like right of survivorship...it all
remains unchanged just by existing law.
REPRESENTATIVE GRUENBERG said his understanding of the bill will
be confirmed by forthcoming testimony.
1:50:05 PM
CHAIR KELLER opened public testimony on proposed CSHB 60.
1:50:28 PM
BEN ORZESKE, Legislative Counsel, Uniform Law Commission,
confirmed that there is nothing in the bill or the Uniform Act
that expands the rights of any couple, heterosexual or
homosexual, to transfer property in any way.
CHAIR KELLER asked, "So it doesn't expand or change the rights
... it's all based on existing state law ... consistent with our
clause in the constitution. Is that right?"
MR. ORZESKE said correct.
1:52:22 PM
CHAIR KELLER, after ascertaining that no one else wished to
testify, closed public testimony.
1:52:28 PM
REPRESENTATIVE LYNN made a motion to report the proposed CS for
HB 60, Version 28-LS0265\Y, Bannister, 4/6/14, out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, CSHB 60(JUD) was reported out
of the House Judiciary Standing Committee