HB 336 — An Act relating to supported decision-making agreements to provide for decision-making assistance; and amending Rule 402, Alaska Rules of Evidence.
Last action — EFFECTIVE DATE(S) OF LAW 12/26/18
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced February 07, 2018. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
16 sponsors
1 primary, 15 co-sponsors signed on.
-
Bipartisan support
Sponsored across 2 parties (3 D · 2 R) — cross-party backing.
-
Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
15 added · 15 removedPlain-language change summary
The updated HB 336 introduces a new chapter on Supported Decision-Making Agreements, allowing adults to receive assistance from trusted individuals in making decisions about their personal affairs. Key changes include clear requirements for how these agreements must be signed and witnessed, ensuring they are voluntary and understood by parties involved. This matters because it provides a framework for individuals who may need support in decision-making while ensuring their rights and autonomy are respected. Additionally, it clarifies that these agreements cannot be used as evidence of a person's incapacity in court, helping to protect individuals' legal standing.
Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2017 Session Laws & Resolves 2018 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills CSHBEnrolled 336(JUD)HB am336 Detail FullText txt CSHBEnrolled 336(JUD)HB am:336:
"AnRelating Act relating to supported decision-making agreements to provide for decision-making assistance;
and amending Rule 402, Alaska Rules of Evidence."Evidence. CS FOR HOUSE BILL NO.
336(JUD)00Enrolled amHB 336 01 "AnRelating Act relating to supported decision-making agreements to provide for decision-decision-making 02 making assistance;
02 and amending Rule 402, Alaska Rules of Evidence."Evidence. 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 _______________ 04 * Section 1.
31 (2) the agreement satisfies the requirements of AS 13.56.010 - 13.56.030 and 13.56.050;
A supported decision-making 11 agreement must contain a separate declaration forby each supporter that states the 12 supporter's relationship with the principal, states the willingness of the supporter to act 13 as a supporter for the principal, and indicates that the supporter acknowledges the 14 duties of a supporter under this chapter.
12 (d) If all or a portion of a supported decision-making agreement is terminated 13 under 13 this section and the termination is consistent with this section, the remainder of 14 the 14 agreement remains in effect.
I,____________________, want to have 05 have one or more persons I trust help me make decisions, obtain and 06 understand the information I need to make my decisions, and tell other 07 people about my decisions.
21 [ ] I am attaching a signed statement by my guardian approving 22 approving my use of this agreement.
A supporter does not make decisions 30 for the principal, but a supporter may provide a principal with help 31 when making decisions, obtaining information for decision,decisions, communicating decisions, and understanding the options, 02 responsibilities, and consequences of decisions.
I know that I do not have to 17 to sign this agreement.
I am entering into this agreement voluntarily and 18 and without coercion or undue influence.
I understand the nature and effect 19 effect of this agreement.
I know that I can change this agreement at any 20 time.
2021 Signature:
________________________________________________ 2122 Printed name:
_____________________________________________ 2223 Telephone number:_________________________________________ 2324 Electronic mail address:
_____________________________________ 2425 Date:
____________________________________________________ 2526 (8) SIGNATURES OF SUPPORTERS.
2627 Signature of Supporter No.
1 2728 Signature:
________________________________________________ 2829 Printed name:
_____________________________________________ 2930 Date:
____________________________________________________ 3031 Signature of Supporter No.
2 31Signature: Signature ________________________________________________ Printed name:
_____________________________________________________________________________________________ 02 Date:Printed name:
_________________________________________________________________________________________________ 03 SignatureDate: of Supporter No.
3____________________________________________________ 04 Signature:Signature of Supporter No.
________________________________________________3 05 PrintedSignature: name:
_____________________________________________________________________________________________ 06 Date:Printed name:
_________________________________________________________________________________________________ 07 SignatureDate: of Alternate Supporter 08 Signature:
____________________________________________________________________________________________________ 0908 PrintedSignature name:of Alternate Supporter 09 Signature:
_____________________________________________________________________________________________ 10 Date:Printed name:
_________________________________________________________________________________________________ 11 (9)Date: DECLARATIONS OF SUPPORTERS.
____________________________________________________ 12 DECLARATION(9) DECLARATIONS OF SUPPORTERSUPPORTERS. NO.
13 DECLARATION OF SUPPORTER NO.
I,_____________, 1314 am the principal's _______________________ (relationship to the 1415 principal).
I 1516 acknowledge my duties as a supporter under AS 13.56.
Show all 149 changed lines (109 more)
1617 I understand that my job as a supporter is to help the principal 1718 make decisions, obtain and understand information for decisions, 1819 communicate decisions, and understand the options, responsibilities, 1920 and consequences of decisions.
My support may include giving the 2021 principal information in a way that the principal can understand, 2122 discussing pros and cons of decisions, and helping the principal 2223 communicate the principal's decisions.
2324 I will act with care, competence, and diligence.
I know that I 2425 may not make decisions for the principal.
I will not exert undue 2526 influence on the principal.
I will not sign for the principal or provide an 2627 electronic signature of the principal to a third party.
I will keep the 2728 principal's information confidential.
I will not use information I receive 2829 under this agreement for a purpose other than as authorized by the 2930 principal for decision making, unless the principal consents to another 3031 use.
31 Signature:
________________________________________________ 02 Printed name:
_____________________________________________ 0203 Date:
____________________________________________________ 0304 DECLARATION OF SUPPORTER NO.
I,_____________, 0405 am the principal's _______________________ (relationship to the 0506 principal).
I 0607 acknowledge my duties as a supporter under AS 13.56.
0708 I understand that my job as a supporter is to help the principal 0809 make decisions, obtain and understand information for decisions, 0910 communicate decisions, and understand the options, responsibilities, 1011 and consequences of decisions.
My support may include giving the 1112 principal information in a way that the principal can understand, 1213 discussing pros and cons of decisions, and helping the principal 1314 communicate the principal's decisions.
1415 I will act with care, competence, and diligence.
I know that I 1516 may not make decisions for the principal.
I will not exert undue 1617 influence on the principal.
I will not sign for the principal or provide an 1718 electronic signature of the principal to a third party.
I will keep the 1819 principal's information confidential.
I will not use information I receive 1920 under this agreement for a purpose other than as authorized by the 2021 principal for decision making, unless the principal consents to another 2122 use.
2223 Signature:
________________________________________________ 2324 Printed name:
_____________________________________________ 2425 Date:
____________________________________________________ 2526 DECLARATION OF SUPPORTER NO.
I,_____________, 2627 am the principal's _______________________ (relationship to the 2728 principal).
I 2829 acknowledge my duties as a supporter under AS 13.56.
2930 I understand that my job as a supporter is to help the principal 3031 make decisions, obtain and understand information for decisions, 31 communicate decisions, and understand the options, responsibilities, 02 and consequences of decisions.
My support may include giving the 0203 principal information in a way that the principal can understand, 0304 discussing pros and cons of decisions, and helping the principal 0405 communicate the principal's decisions.
0506 I will act with care, competence, and diligence.
I know that I 0607 may not make decisions for the principal.
I will not exert undue 0708 influence on the principal.
I will not sign for the principal or provide an 0809 electronic signature of the principal to a third party.
I will keep the 0910 principal's information confidential.
I will not use information I receive 1011 under this agreement for a purpose other than as authorized by the 1112 principal for decision making, unless the principal consents to another 1213 use.
1314 Signature:
________________________________________________ 1415 Printed name:
_____________________________________________ 1516 Date:
____________________________________________________ 1617 DECLARATION OF ALTERNATE SUPPORTER.
I, 1718 ____________________, am the principal's ____________________ 1819 (relationship to the principal).
I am willing to act as the principal's 1920 supporter in the place of another supporter.
I acknowledge the duties as 2021 a supporter under AS 13.56.
2122 I understand that my job as a supporter would be to help the 2223 principal make decisions, obtain and understand information for 2324 decisions, communicate decisions, and understand the options, 2425 responsibilities, and consequences of decisions.
My support may 2526 include giving the principal information in a way that the principal can 2627 understand, discussing pros and cons of decisions, and helping the 2728 principal communicate the principal's decisions.
2829 I will act with care, competence, and diligence.
I know that I 2930 may not make decisions for the principal.
I will not exert undue 3031 influence on the principal.
I will not sign for the principal or provide an 31 electronic signature of the principal to a third party.
I will keep the 02 principal's information confidential.
I will not use information I receive 0203 under this agreement for a purpose other than as authorized by the 0304 principal for decision making, unless the principal consents to another 0405 use.
0506 Signature:
________________________________________________ 0607 Printed name:
_____________________________________________ 0708 Date:
____________________________________________________ 0809 (10) NOTARIZATION OR WITNESSING.
The signatures on 0910 this agreement must be either (1) notarized, or (2) witnessed by two 1011 witnesses.
1112 NOTARIZATION 1213 State of _____________ 1314 ____________________ Judicial District 1415 On this _____ day of _____, in the year _____, before me, 1516 ____________________ (name of notary public), appeared 1617 ____________________ (name of principal), and 1718 ____________________ (name of each supporter and alternate 1819 supporter named in the agreement), personally known to me to be the 1920 persons who executed this agreement, and each acknowledged to me 2021 that each executed the agreement as the person's free and voluntary act 2122 and deed for the uses and purposes under this agreement.
2223 Witness my hand and official seal the day and year written 2324 above.
2425 _________________________________ 2526 (Signature of notary public) 2627 (Seal, if any) 2728 _________________________________ 2829 (Title and rank) 2930 My commission expires:
_____________ 3031 WITNESSING 31 If the signatures are not notarized, two adults must witness the 02 signatures of the principal, the supporter(s), and any alternate 0203 supporter, and all must sign together in the presence of the witnesses.
A 0304 witness CANNOT be a supporter named in this agreement.
The 0405 witnesses CANNOT be employees or agents of the supporter(s) named 0506 in this agreement.
Unless a person who understands the principal's 0607 means of communication is present to assist when the agreement is 0708 signed, each witness must understand the means of communication 0809 used by the principal.
0910 1.
_______________________________________ 1011 Printed name:
_____________________________________________ 1112 Date:
____________________________________________________ 1213 2.
_______________________________________ 1314 Printed name:
_____________________________________________ 1415 Date:
____________________________________________________ 1516 (11) APPROVAL BY GUARDIAN.
I am the guardian of 1617 _______________________.
I have read and understand the nature and 1718 effect of this agreement.
I approve the use of this agreement by 1819 _____________________ (name of principal) to obtain support in 1920 making decisions.
2021 Signature:
________________________________________________ 2122 Printed name:
_____________________________________________ 2223 Date:
____________________________________________________ 2324 (12) APPROVAL BY CONSERVATOR.
I am the conservator 2425 of _______________________.
I have read and understand the nature 2526 and effect of this agreement.
I approve the use of this agreement by 2627 ____________________ (name of principal) to obtain support in 2728 making decisions.
2829 Signature:
________________________________________________ 2930 Printed name:
_____________________________________________ 3031 Date:
____________________________________________________ 31 Sec.
In this chapter, unless the context indicates 02 otherwise, 0203 (1) "adult" means an individual who is 18 years of age or older;
0304 (2) "affairs" means the affairs described in AS 13.56.160;
0405 (3) "capacity" means the ability to understand and appreciate the 0506 nature and consequences of a decision and the ability to reach and communicate an 0607 informed decision;
0708 (4) "conservator" means a person appointed a conservator under 0809 AS 13.26.401 - 13.26.595 or a similar law of another state;
0910 (5) "decision" means a decision relating to the affairs of a principal;
1011 (6) "decision-making assistance" means the decision-making 1112 assistance described in AS 13.56.100;
1213 (7) "guardian" means a person appointed a guardian under 1314 AS 13.26.201 - 13.26.316 or a similar law of another state;
1415 (8) "immediate family member" means a spouse, child, sibling, parent, 1516 grandparent, grandchild, stepparent, stepchild, or stepsibling;
1617 (9) "person" means an individual, health care institution, health care 1718 provider, corporation, partnership, limited liability company, association, joint 1819 venture, government, governmental subdivision, governmental agency, governmental 1920 instrumentality, public corporation, or another legal or commercial entity;
2021 (10) "principal" means an adult who enters into a supported decision- 2122 making agreement under this chapter to receive decision-making assistance;
2223 (11) "supported decision-making agreement" means an agreement 2324 authorized under AS 13.56.010;
2425 (12) "supporter" means an adult who enters into a supported decision- 2526 making agreement and provides decision-making assistance;
2627 (13) "support services" means the support services described in 2728 AS 13.56.170.
2829 Sec.
This chapter may be cited as the Supported 2930 Decision-Making Agreements Act.
3031 * Sec.
The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
02 INDIRECT COURT RULE AMENDMENT.
1 of this 0203 Act, has the effect of changing Rule 402, Alaska Rules of Evidence, by prohibiting the 0304 execution of a supported decision-making agreement from being used as evidence of a 0405 principal's incapacity.
In this section, "principal" and "supported decision-making agreement" 0506 have the meanings given in AS 13.56.190, added by sec.
0607 * Sec.
The uncodified law of the State of Alaska is amended by adding a new section to 0708 read:
0809 CONDITIONAL EFFECT.
1 of this Act, takes effect 0910 only if sec.
1011 IV, sec.
Show all 149 changed rows (109 more)
Action History
-
EFFECTIVE DATE(S) OF LAW 12/26/18
-
Signed into law 9/27 CHAPTER 108 SLA 18
-
9:03 AM 9/18/18 Transmitted to Governor
-
MANIFEST ERROR(S)
-
VERSION: CSHB 336(JUD) AM
-
RETURN TO (H), TRANSMIT TO GOV NEXT
-
COURT RULE(S) SAME AS PASSAGE
-
PASSED Y19 N- E1
-
COSTELLO, GIESSEL, MACKINNON, BISHOP, KELLY
-
CROSS SPONSOR(S): BEGICH, MEYER, WIELECHOWSKI, GARDNER, EGAN, OLSON, MICCICHE
-
Read the third time CSHB 336(JUD) AM
-
ADVANCED TO THIRD READING UC
-
Read the second time
-
RULES TO CALENDAR 5/11/2018
-
Fiscal Note 2: No fiscal impact (Health and Social Services)
-
JUD Do Pass: COGHILL, WIELECHOWSKI, COSTELLO, KELLY, SHOWER
-
JUD RPT 5DP
-
Referred to Judiciary
-
Read the first time - REFERRALS
-
VERSION: CSHB 336(JUD) AM
-
TRANSMITTED TO (S)
-
Cosponsors added: JOSEPHSON, KAWASAKI, DRUMMOND
-
COURT RULE(S) SAME AS PASSAGE
-
PASSED Y39 N1
-
RETURN TO 2ND FOR AM NO 2 FAILED Y7 N30 A3
-
Read the third time CSHB 336(JUD)
-
ADVANCED TO THIRD READING Y39 N1
-
AM NO 1 ADOPTED UC
-
JUD CS ADOPTED UC
-
Read the second time
-
RULES TO CALENDAR 4/14/2018
-
Cosponsors added: ZULKOSKY, TARR
-
Fiscal Note 2: No fiscal impact (Health and Social Services)
-
JUD Amend: EASTMAN
-
JUD No Recommendation: LEDOUX, REINBOLD
-
JUD Do Pass: KOPP, KREISS-TOMKINS, STUTES, CLAMAN
-
JUD RPT CS(JUD) 4DP 2NR 1AM
-
Cosponsors added: CLAMAN
-
Cosponsors added: KITO, JOHNSTON
-
Fiscal Note 1: (Health and Social Services)
-
HSS Do Pass: JOHNSTON, CLAMAN, EDGMON, SULLIVAN-LEONARD, KITO, TARR
-
HSS RPT CS(HSS) 6DP
-
Cosponsors added: LEDOUX
-
Cosponsors added: GRENN
-
Cosponsors added: GARA
-
Referred to Health & Social Services and Judiciary
-
Read the first time - REFERRALS
Sponsors
- MILLETT · Primary
- Matt Claman · Cosponsor
- Drummond · Cosponsor
- Gara · Cosponsor
- Grenn · Cosponsor
- Johnston · Cosponsor
- Andy Josephson · Cosponsor
- Scott Kawasaki · Cosponsor
- Kito · Cosponsor
- Chuck Kopp · Cosponsor
- LeDoux · Cosponsor
- Dan Saddler · Cosponsor
- Spohnholz · Cosponsor
- Tarr · Cosponsor
- Tuck · Cosponsor
- Zulkosky · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 15 co-sponsors · 49 not signed on
Sponsors (1)
- MILLETT
Co-sponsors (15)
- Matt Claman D
- Drummond
- Gara
- Grenn
- Johnston
- Andy Josephson D
- Scott Kawasaki D
- Kito
- Chuck Kopp R
- LeDoux
- Dan Saddler R
- Spohnholz
- Tarr
- Tuck
- Zulkosky
Not signed on (49)
49 members have not signed on to this bill.
Show all 49 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| R | 3 | 0 | 0 | 1 |
| D | 3 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Begich | — | Yea |
| Bishop | — | Yea |
| Coghill | — | Yea |
| Egan | — | Yea |
| Gardner | — | Yea |
| Hughes | — | Yea |
| Kelly | — | Yea |
| MacKinnon | — | Yea |
| Meyer | — | Yea |
| Micciche | — | Yea |
| Shower | — | Yea |
| Wilson | — | Yea |
| von Imhof | — | Yea |
| Bill Wielechowski | D | Yea |
| Donald Olson | D | Yea |
| Lyman Hoffman | D | Yea |
| Bert Stedman | R | Not Voting |
| Cathy Giessel | R | Yea |
| Gary Stevens | R | Yea |
| Mia Costello | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 1 | 0 | 0 |
| D | 4 | 0 | 0 | 0 |
| N | 1 | 0 | 0 | 0 |
| R | 6 | 0 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Birch | — | Yea |
| Chenault | — | Yea |
| Drummond | — | Yea |
| Eastman | — | Nay |
| Gara | — | Yea |
| Grenn | — | Yea |
| Guttenberg | — | Yea |
| Johnston | — | Yea |
| Kito | — | Yea |
| Knopp | — | Yea |
| Kreiss-Tomkins | — | Yea |
| LeDoux | — | Yea |
| Lincoln | — | Yea |
| Millett | — | Yea |
| Neuman | — | Yea |
| Ortiz | — | Yea |
| Parish | — | Yea |
| Pruitt | — | Yea |
| Reinbold | — | Yea |
| Seaton | — | Yea |
| Spohnholz | — | Yea |
| Sullivan-Leonard | — | Yea |
| Talerico | — | Yea |
| Tarr | — | Yea |
| Thompson | — | Yea |
| Tuck | — | Yea |
| Wool | — | Yea |
| Zulkosky | — | Yea |
| Wilson | — | Yea |
| Andy Josephson | D | Yea |
| Matt Claman | D | Yea |
| Neal Foster | D | Yea |
| Scott Kawasaki | D | Yea |
| Bryce Edgmon | N | Yea |
| Cathy Tilton | R | Yea |
| Chuck Kopp | R | Yea |
| Dan Saddler | R | Yea |
| DeLena Johnson | R | Yea |
| George Rauscher | R | Yea |
| Louise Stutes | R | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 336?
- HB 336 is sponsored by MILLETT, Matt Claman (D), Drummond, Gara, Grenn, Johnston, Andy Josephson (D), Scott Kawasaki (D), Kito, Chuck Kopp (R), LeDoux, Dan Saddler (R), Spohnholz, Tarr, Tuck, and Zulkosky.
- What is the current status of HB 336?
- This bill has been enacted into law. Introduced February 07, 2018. Enacted.
- Where can I track HB 336?
- Track HB 336 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 336
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 336
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →