Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/13/2016 01:30 PM JUDICIARY
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HB 8-POWERS OF ATTORNEY 2:52:24 PM CHAIR MCGUIRE announced the consideration of HB 8. She relayed that this is the second hearing, public testimony is open, and there is a proposed committee substitute. 2:53:10 PM SENATOR COSTELLO moved to adopt SCS CSHB 8, labeled 29-LS0055\L, as the working document. CHAIR MCGUIRE announced that without objection version L is adopted. 2:53:33 PM REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature, sponsor of HB 8, thanked the Chair for bringing the bill back for consideration. She described HB 8 as a top priority for many groups representing seniors and noted it is the culmination of three year's work. 2:54:01 PM GINGER BLAISDELL, Staff, Representative Shelley Hughes, reviewed the changes between version G and version L of HB 8. Page 5, lines 2 and 10: Change "seven" to "five". Page 5, line 13: Change "five" to "three". Explanation: Three amendments change the wait times by two fewer days, for businesses and financial institutions to honor the Agent's powers. When the Agent is acting on behalf of the Principle in honesty, reducing the wait time to less than two weeks, could reduce the possibility for unforeseen consequences. A delay to recognize the POA could result in late payments with fees and can cause undue stress and unnecessary administrative burden on the Agent. Page 7, lines 3-10: Delete all material. Renumber remaining bill sections accordingly. Explanation: This amendment is a conforming amendment so that the Power of Attorney language adopted in this Act eliminates duplicative language that is provided for in the Recognition of Substitute Decision-Making Documents provisions in Section 27 (renumbered). Page 8, lines 7-13: Delete: "Mark the box of "NO" that is opposite a category below to indicate that you are not giving your agent or agents the power in that category. Mark a box for every category. If you do not mark either of the boxes opposite a category, or if you mark both of the boxes" Insert" "If you do not mark a box" Page 8, line 21 through Page 9, line 10: Remove the "NO" column Page 13, lines 23-26: Delete: "(5) if the principal has failed to mark either of the "Yes" or "No" boxes opposite a category of power, or if the principal has marked both the "Yes" or "No" boxes opposite a category of power, the agent does not have the power in that category." Explanation: Three amendments change the statutory form to offer only a "Yes" column for the principal to indicate which powers are to be given to the agent. The amendments remove additional instruction on completing the form to fit a single option response rather than a "yes" - "no" option. Page 38, lines 16-17: Delete "Except as provided in AS 13.26.331, a" Insert "A" Explanation: This amendment is a conforming amendment so that the Power of Attorney language adopted in this Act eliminates duplicative language that was provided in Section 5. 2:55:17 PM SENATOR COGHILL described the current version as a good compromise. SENATOR COSTELLO thanked the sponsor for working with the committee to add protections for seniors. 2:56:21 PM SENATOR COGHILL moved to report the Senate CS for CS for HB 8, labeled 29-LS0055\L, from committee with individual recommendations and attached zero fiscal note. CHAIR MCGUIRE announced that without objection, SCS CSHB 8(JUD) is reported from the Senate Judiciary Standing Committee.