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