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HOUSE BILL NO. 202
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE JOSEPHSON
Introduced: 1/21/20
Referred: Judiciary, Labor and Commerce
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to marriage, adoption, birth certificates, state custody of a minor,
2 divorce, dissolution, and legal separation; defining 'spouse' for purposes of certain
3 statutes relating to marriage and domestic relations; replacing the terms 'husband' and
4 'wife' in certain statutes relating to loans, trusts, spousal immunity and confidential
5 marital communications, probate and nonprobate transfers, life and health insurance,
6 workers' compensation, and property ownership; and making conforming
7 amendments."
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
9 * Section 1. AS 06.20.240 is amended to read:
10 Sec. 06.20.240. Loans for purpose of obtaining higher interest. A licensee
11 may not induce or permit a person, or two spouses [A HUSBAND AND WIFE]
12 jointly or severally, to split up or divide a loan or to become obligated, directly or
13 contingently or both, under more than one loan contract at the same time, for the
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1 purpose or with the result of obtaining a higher rate of interest than would otherwise
2 be permitted by AS 06.20.230. However, a licensee may enter into new or different
3 loan transactions with the borrower or the borrower's spouse at a different time so long
4 as the purpose of the additional transaction does not violate this section.
5 * Sec. 2. AS 06.26.020(a) is amended to read:
6 (a) Notwithstanding any other provision of this chapter, a person does not act
7 as a fiduciary under this chapter if the person
8 (1) is licensed to practice law in this state, the person is acting within
9 the scope of the license, and the person and any law firm of the person are not trustees
10 of more trusts than the number established for the person and law firm by the
11 department by regulation or order; in this paragraph, "law firm" means a partnership, a
12 professional corporation organized under AS 10.45, or another association organized
13 for the practice of law and in which the person practices law;
14 (2) acts as trustee under a deed of trust delivered only as security for
15 the payment of money or for the performance of another act;
16 (3) receives and distributes on behalf of a principal rents and proceeds
17 of sales as a real estate broker or other licensee under AS 08.88;
18 (4) engages in securities business activity as a registered broker-dealer,
19 a broker-dealer agent, an investment adviser, or an investment adviser representative,
20 or as a federal covered investment adviser who has made a notice filing under
21 AS 45.56.360(c), the person is acting within the scope of the person's registration or
22 notice filing, and the activity is regulated by the department under AS 45.56 or by the
23 United States Securities and Exchange Commission; in this paragraph, "agent,"
24 "broker-dealer," "federal covered investment adviser," "investment adviser,"
25 "investment adviser representative," and "securities business" have the meanings given
26 in AS 45.56.900;
27 (5) engages in the sale and administration of an insurance product as
28 an insurance company licensed under AS 21 or an insurance producer licensed under
29 AS 21 and is acting within the scope of that license;
30 (6) handles escrow transactions and is a title insurance company that
31 has a certificate of authority issued under AS 21.09, a title insurance limited producer
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1 that is licensed as required by AS 21.66.270, or an employee of the title insurance
2 company or title insurance producer when acting in the scope of the employee's
3 employment; in this paragraph,
4 (A) "escrow transaction" has the meaning given in
5 AS 34.80.090;
6 (B) "title insurance company" has the meaning given in
7 AS 21.66.480;
8 (C) "title insurance limited producer" has the meaning given in
9 AS 21.66.480;
10 (7) is a cemetery association organized and acting under AS 10.30;
11 (8) is a trustee for a voting trust under AS 10.06 and is acting in that
12 capacity;
13 (9) has a certified public accountant license issued under AS 08.04.105
14 or 08.04.195, the person is acting within the scope of the license, and the person and
15 any accounting firm of the person are not trustees of more trusts than the number
16 established for the person and accounting firm by the department by regulation or
17 order; in this paragraph, "accounting firm" means a partnership, a professional
18 corporation organized under AS 10.45, or another association organized for the
19 practice of public accounting and in which the person practices public accounting;
20 (10) holds real property in trust for the primary purpose of subdivision,
21 development, or sale or to facilitate a business transaction with respect to the real
22 property;
23 (11) serves as a trustee of a trust created by the person's family
24 members;
25 (12) holds money or other assets as a homeowners' association or
26 similar organization to pay maintenance and other related costs for commonly owned
27 property; in this paragraph, "homeowners' association" includes an association of
28 apartment owners under AS 34.07.450 and a unit owners' association or master
29 association under AS 34.08.990;
30 (13) holds money or other assets in connection with the collection of
31 debts or payments on loans by a person acting solely as the agent or representative at
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1 the sole direction of the person to whom the debt or payment is owed, including
2 engaging in the business of an escrow agent;
3 (14) acts as a conservator if the person is appointed by a court of this
4 or another state or is qualified to act as a conservator under AS 13.26.580;
5 (15) acts as a personal representative if the person is appointed a
6 personal representative by a court of this or another state or is qualified to act as a
7 personal representative under AS 13.21.035;
8 (16) acts as a guardian or receiver if the person is appointed as a
9 guardian or receiver by a court of this or another state;
10 (17) is a business partner acting with regard to the business, or a co-
11 owner of property acting with regard to the co-owned property;
12 (18) serves as a trustee of one or more trusts in which the settlor is not
13 a family member of the person, except that the person may not at any one time serve
14 as a trustee for trusts that cumulatively have more than 10 different settlors; however,
15 the department may change by regulation or order the maximum number of settlors
16 allowed for this exemption; in this paragraph, two spouses [A HUSBAND AND
17 WIFE] who create a joint trust are considered to be one settlor.
18 * Sec. 3. AS 11.51.125(c) is amended to read:
19 (c) In a prosecution under this section, existing provisions of law prohibiting
20 the disclosure of confidential communications between spouses [HUSBAND AND
21 WIFE] do not apply, and both spouses [HUSBAND AND WIFE] are competent to
22 testify for or against each other as to all relevant matters, if a court order has awarded
23 custody to one spouse and visitation to the other.
24 * Sec. 4. AS 13.12.802 is amended to read:
25 Sec. 13.12.802. Effect of divorce, annulment, and decree of separation. (a)
26 An individual who is divorced from the decedent or whose marriage to the decedent
27 has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage,
28 the individual is married to the decedent at the time of death. A decree of separation
29 that does not terminate the status of the spousal relationship [HUSBAND AND
30 WIFE] is not a divorce for purposes of this section.
31 (b) In AS 13.12.101 - 13.12.405 and AS 13.16.065, a surviving spouse does
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1 not include
2 (1) an individual who obtains or consents to a final decree or judgment
3 of divorce from the decedent or an annulment of their marriage, if the decree or
4 judgment is not recognized as valid in this state, unless subsequently they participate
5 in a marriage ceremony purporting to marry each to the other or live together as
6 spouses [HUSBAND AND WIFE];
7 (2) an individual who, following an invalid decree or judgment of
8 divorce or annulment obtained by the decedent, participates in a marriage ceremony
9 with a third individual; or
10 (3) an individual who was a party to a valid proceeding concluded by
11 an order purporting to terminate all marital property rights.
12 * Sec. 5. AS 13.12.804(j)(2) is amended to read:
13 (2) "divorce or annulment" means any divorce or annulment, or any
14 dissolution or declaration of invalidity of a marriage, that would exclude the spouse as
15 a surviving spouse within the meaning of AS 13.12.802; a decree of separation that
16 does not terminate the status of the spousal relationship [HUSBAND AND WIFE] is
17 not a divorce for purposes of this section;
18 * Sec. 6. AS 18.50.160(d) is amended to read:
19 (d) If the mother was married at conception, during the pregnancy, or at birth,
20 the name of the spouse [HUSBAND] shall be entered on the certificate as the second
21 parent [FATHER] of the child unless
22 (1) paternity has been lawfully determined otherwise by a tribunal, in
23 which case the name of a natural parent [THE FATHER], if determined by a
24 tribunal, shall be entered as the second parent of the child; or
25 (2) both the mother and the mother's spouse [HUSBAND] execute
26 affidavits attesting that the spouse [HUSBAND] is not a natural parent [THE
27 FATHER] and that another person [MAN] is a natural parent [THE FATHER], and
28 the mother and the other person [MAN] execute affidavits attesting that the other
29 person [MAN] is a natural parent [THE FATHER], so long as the affidavits meet
30 the requirements of (g) of this section.
31 * Sec. 7. AS 18.50.235(a) is amended to read:
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1 (a) After a stillbirth occurs in the state, the person required to file a fetal death
2 registration under AS 18.50.240(b) shall advise the mother and, if the mother's
3 spouse or the father is present, the mother's spouse or the father
4 (1) that the parent may request the preparation of a certificate of birth
5 resulting in stillbirth;
6 (2) that the parent may obtain a certificate of birth resulting in stillbirth
7 by contacting the bureau; and
8 (3) of the contact information for the bureau.
9 * Sec. 8. AS 21.42.090 is amended to read:
10 Sec. 21.42.090. Application required, life and health insurance. A life or
11 health insurance contract on [UPON] an individual, except a contract of group life
12 insurance or of group or blanket health insurance, may not be made or carried out
13 [EFFECTUATED] unless at the time of the making of the contract the individual
14 insured, being of competent legal capacity to contract, applies for the contract or has
15 consented to it in writing, except in the following cases:
16 (1) a spouse may carry out [EFFECTUATE] the insurance on
17 [UPON] the other spouse;
18 (2) a person having an insurable interest in the life of a minor or a
19 person on [UPON] whom a minor is dependent for support and maintenance [,] may
20 carry out [EFFECTUATE] insurance on [UPON] the life of or pertaining to the
21 minor;
22 (3) family policies insuring any two or more members of a family may
23 be issued on an application signed by either parent, a stepparent, or by either spouse
24 [A HUSBAND OR WIFE].
25 * Sec. 9. AS 21.51.020 is amended to read:
26 Sec. 21.51.020. Scope, format of policy. A policy of health insurance may not
27 be delivered or issued for delivery to a person in this state unless it otherwise complies
28 with this title, and complies with the following:
29 (1) the entire money and other considerations must be expressed in the
30 policy;
31 (2) the time the insurance takes effect and terminates must be
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1 expressed in the policy;
2 (3) it must insure only one person, except that a policy may insure,
3 originally or by subsequent amendment, upon the application of an adult member of a
4 family, who shall be considered the policyholder, any two or more eligible members
5 of that family, including a spouse [HUSBAND, WIFE], dependent children, or any
6 children under a specified age, which may not exceed 25 years, and any other person
7 dependent on the policyholder;
8 (4) the style, arrangement, and over-all appearance of the policy must
9 give no undue prominence to any portion of the text, and every printed portion of the
10 text of the policy and of endorsements or attached papers must be plainly printed in
11 light-faced type of a style in general use, the size of which must be uniform and not
12 less than 10 point with a lower case unspaced alphabet length not less than 120 point;
13 in this paragraph, text includes all printed matter except the name and address of the
14 insurer, name or title of the policy, the brief description, if any, and captions and
15 subcaptions;
16 (5) the exceptions and reductions of indemnity must be set out in the
17 policy and, other than those contained in AS 21.51.040 - 21.51.260, must be printed, at
18 the insurer's option, either included with the benefit provision to which they apply, or
19 under an appropriate caption such as "Exceptions," or "Exceptions and Reductions,"
20 except that if an exception or reduction specifically applies only to a particular benefit
21 of the policy, a statement of the exception or reduction must be included with the
22 benefit provision to which it applies;
23 (6) each form, including riders and endorsements, must be identified
24 by a form number in the lower left-hand corner of the first page;
25 (7) the policy may not contain a provision making a portion of the
26 charter, rules, constitution, or bylaws of the insurer a part of the policy unless the
27 portion is set out in full in the policy; this paragraph does not apply to the
28 incorporation of, or reference to, a statement of rates or classification of risks, or short-
29 rate table filed with the director.
30 * Sec. 10. AS 23.30.055 is amended to read:
31 Sec