03/17/2021 01:30 PM Senate JUDICIARY

                                                                                                                                
                     SB 90-ELECTRONIC WILLS                                                                                 
2:41:44 PM                                                                                                                    
CHAIR  REINBOLD   reconvened  the   meeting  and   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."                                                                                               
                                                                                                                                
2:41:58 PM                                                                                                                    
At ease followed by another at ease                                                                                             
                                                                                                                                
2:43:11 PM                                                                                                                    
CHAIR REINBOLD reconvened the meeting and solicited a motion.                                                                   
                                                                                                                                
2:43:17 PM                                                                                                                    
SENATOR SHOWER  moved to adopt the  proposed committee substitute                                                               
(CS)  for SB  90, [work  order  32-LS0501\I], Version  I, as  the                                                               
working document.                                                                                                               
                                                                                                                                
2:43:29 PM                                                                                                                    
CHAIR REINBOLD objected for discussion purposes.                                                                                
                                                                                                                                
2:43:39 PM                                                                                                                    
SENATOR  MYERS  asked  if  the committee  must  first  adopt  the                                                               
committee substitute.                                                                                                           
                                                                                                                                
CHAIR REINBOLD  clarified that  her reason  for objecting  was to                                                               
hear the changes in Version I.                                                                                                  
                                                                                                                                
2:44:30 PM                                                                                                                    
SENATOR MYERS  explained that the  committee substitute  (CS) for                                                               
SB  90, Version  I, incorporated  Amendments 1,  2, and  5, which                                                               
were previously  adopted. This bill  makes changes  to revocatory                                                               
acts,  addresses an  electronic  form of  holographic wills,  and                                                               
removes the  ability to store  an electronic will with  the court                                                               
since the court system cannot do so.                                                                                            
                                                                                                                                
2:45:49 PM                                                                                                                    
CHAIR REINBOLD  removed her  objection and  Version I  was before                                                               
the committee as the working document.                                                                                          
                                                                                                                                
2:46:00 PM                                                                                                                    
SENATOR  MYERS  moved  to  adopt Amendment  1,  [work  order  32-                                                               
LS0501\I.1]:                                                                                                                    
                                                                                                                                
                                                   32-LS0501\I.1                                                                
                                                      Bannister                                                                 
                                                        3/17/21                                                                 
                                                                                                                                
                         AMENDMENT [1]                                                                                      
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR MYERS                                                                 
                                                                                                                                
     TO:  CSSB 90(JUD), Draft Version "I"                                                                                       
                                                                                                                                
     Page 3, line 5, following "form":                                                                                      
          Insert "but not electronically generated"                                                                         
                                                                                                                                
     Page 6, line 13, following "will":                                                                                         
          Insert ", including a reproduction of a                                                                               
     holographic will,"                                                                                                         
                                                                                                                                
     Page 7, line 9, following "form":                                                                                      
          Insert "but not electronically generated"                                                                         
                                                                                                                                
CHAIR REINBOLD objected for discussion purposes.                                                                                
                                                                                                                                
2:46:29 PM                                                                                                                    
SENATOR  MYERS   explained  that  Amendment  [1]   would  address                                                               
holographic  wills.  He  stated  that  the  committee  previously                                                               
worked on  an amendment  to the bill,  but the  general consensus                                                               
was that  it did  not fully  address the  issues. He  worked with                                                               
Senator  Kiehl on  language to  allow  handwriting in  electronic                                                               
form  but restrict  it from  being  electronically generated.  In                                                               
practice, this will  enable people to write their  wills on paper                                                               
and photograph them with their  phones or scan them into computer                                                               
documents. However, it does not  allow people to type their wills                                                               
on computer tablets.  He indicated that concern  was raised about                                                               
someone using  artificial intelligence  (AI) to mimic  a person's                                                               
handwriting, making it difficult  to authenticate who had written                                                               
the will.                                                                                                                       
                                                                                                                                
2:48:12 PM                                                                                                                    
SENATOR KIEHL agreed  that holographic wills are  tricky. He said                                                               
that Amendment  1 gives him  much comfort. He acknowledged  it is                                                               
possible  to  envision  scenarios  where bad  actors  can  commit                                                               
fraud, so the  language in Amendment [1] was  crafted to minimize                                                               
the risks.                                                                                                                      
                                                                                                                                
2:49:02 PM                                                                                                                    
CHAIR  REINBOLD thanked  them for  developing language  to better                                                               
address holographic wills.                                                                                                      
                                                                                                                                
2:49:17 PM                                                                                                                    
CHAIR  REINBOLD removed  her objection.  There  being no  further                                                               
objections, Amendment [1] was adopted.                                                                                          
                                                                                                                                
SENATOR MYERS stated that the  Department of Law submitted a zero                                                               
fiscal  note. The  department indicated  that  this bill  affects                                                               
what  is  done  in  private practice.  The  department  does  not                                                               
anticipate that this will affect any state operations.                                                                          
                                                                                                                                
SENATOR   MYERS   said   that   this  bill   is   technical   but                                                               
straightforward. The  bill would allow  people to  validate their                                                               
wills  by  using Zoom  or  some  other  platform that  still  can                                                               
authenticate  them.  He said  this  provides  another option  for                                                               
people to use during a pandemic or in remote situations.                                                                        
                                                                                                                                
2:51:37 PM                                                                                                                    
SUSAN  POLLARD,  Chief   Assistant  Attorney  General,  Statewide                                                               
Section   Supervisor,   Legislation  and   Regulations   Section,                                                               
Department of  Law, Juneau, Alaska,  said that the  department is                                                               
comfortable with  the fiscal note.  Senator Myers gave  a correct                                                               
explanation of the fiscal note, she said.                                                                                       
                                                                                                                                
2:52:23 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:52:32 PM                                                                                                                    
CHAIR  REINBOLD   reconvened  the   meeting  and   opened  public                                                               
testimony on SB 90.                                                                                                             
                                                                                                                                
2:52:55 PM                                                                                                                    
LINDA HULBERT, Agent, New York  Life, Fairbanks, Alaska, spoke in                                                               
support  of  SB  90.  She  stated that  she  has  worked  in  the                                                               
insurance and financial planning industry  for over 30 years. She                                                               
has  offices in  Fairbanks and  Anchorage but  works with  people                                                               
throughout Alaska.  She said that  the industry has  evolved from                                                               
paper  applications   to  electron  processes  due   to  consumer                                                               
expectations.  She highlighted  that  she works  with clients  on                                                               
Zoom  and can  issue and  deliver their  insurance policies  very                                                               
quickly. She encourages her clients  to engage in will and estate                                                               
planning. However,  it can be  difficult for  people to do  so if                                                               
they lack electronic access. She  offered her view that this bill                                                               
is necessary and  well drafted. She highlighted  that her clients                                                               
are increasingly focused on proactive  estate planning due to the                                                               
pandemic.                                                                                                                       
                                                                                                                                
2:55:42 PM                                                                                                                    
ABIGAIL O'CONNOR, Attorney, O'Connor  Law Office, LLC, Anchorage,                                                               
Alaska, spoke  in support of  SB 90. She said  she is one  of the                                                               
attorneys  that initially  helped  draft this  bill. She  related                                                               
that   she  has   attended  numerous   national  meetings   where                                                               
electronic wills  were discussed. She  said she has  followed the                                                               
Uniform  Electronic   Wills  Act  so  she   is  comfortable  with                                                               
electronic wills. When electronic  wills were first introduced at                                                               
a conference in Orlando, Florida,  she recognized that electronic                                                               
wills were trending since commercial  entities have developed the                                                               
technology to make electronic wills  possible. She indicated that                                                               
her  firm  wanted  to  take  the initiative  and  work  with  the                                                               
legislature to design statutes to  make this technology available                                                               
to Alaskans.  This bill  responds to  the growing  expectation to                                                               
accomplish  estate  planning  efficiently  without  the  need  to                                                               
physically  walk into  an  attorney's office,  which  SB 90  will                                                               
achieve.                                                                                                                        
                                                                                                                                
MS. O'CONNOR  expressed her  appreciation for  the time  spent on                                                               
the amendment to address the  holographic wills. She said she was                                                               
not  100   percent  sure  that   the  electronic  form   but  not                                                               
electronically-generated language  is what her firm  had in mind.                                                               
Instead,  her  office   wanted  people  to  be   able  to  create                                                               
holographic wills  on their computer  tablets. However,  she said                                                               
she  respected  and understood  the  concerns  and conceded.  She                                                               
raised a  point about Amendment  [1 to  Version I]. She  said she                                                               
thought she may have responded  to questions about the "deleting"                                                               
language.  At the  time,  she  thought it  was  from the  Uniform                                                               
Electronic Wills Act,  which provides the primary  basis for most                                                               
of our  language. However,  she said she  went back  and reviewed                                                               
the uniform act  and it does not have the  word "deleting" in it.                                                               
She opined that  this should not be an  issue. Further, Amendment                                                               
[1 to  Version I] uses  a clear and convincing  evidence standard                                                               
for  issues related  to electronic  wills.  However, the  Uniform                                                               
Electronic  Wills  Act  uses  a  preponderance  of  the  evidence                                                               
standard,  she  said. She  stated  that  she  did not  object  to                                                               
Amendment  [1  to  Version  I]  as  written.  She  expressed  her                                                               
appreciation  that   the  committee   embraced  the   concept  of                                                               
electronic  wills  and  remote   witnessing,  which  is  just  as                                                               
important as electronic wills.                                                                                                  
                                                                                                                                
2:59:35 PM                                                                                                                    
CHAIR REINBOLD closed public testimony on SB 90.                                                                                
                                                                                                                                
2:59:42 PM                                                                                                                    
CHAIR REINBOLD solicited a motion.                                                                                              
                                                                                                                                
2:59:47 PM                                                                                                                    
SENATOR SHOWER moved  to report SB 90, work  order 32-LS0501\I as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal notes.                                                                                                          
                                                                                                                                
CHAIR REINBOLD found  no objection and CSSB  90(JUD) was reported                                                               
from the Senate Judiciary Standing Committee.