Legislature(2021 - 2022)BARNES 124

04/18/2022 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ SB 174 ALLOW NATURAL HAIRSTYLES TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+ HB 404 REPEAL AK HOUSING FINANCE CORP. DIVIDEND TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 405 ESTABLISHMENT OF TRUSTS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 18, 2022                                                                                         
                           3:21 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Zack Fields, Co-Chair (via teleconference)                                                                       
Representative Ivy Spohnholz, Co-Chair                                                                                          
Representative Calvin Schrage (via teleconference)                                                                              
Representative Liz Snyder (via teleconference)                                                                                  
Representative James Kaufman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative David Nelson                                                                                                     
Representative Ken McCarty                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 404                                                                                                              
"An Act repealing the requirement that the Alaska Housing                                                                       
Finance Corporation make a dividend available to the state, and                                                                 
repealing associated definitions."                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 405                                                                                                              
"An Act relating to the establishment of trusts; requiring the                                                                  
filing of certain trust information; and requiring compliance                                                                   
with a federal law."                                                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 404                                                                                                                  
SHORT TITLE: REPEAL AK HOUSING FINANCE CORP. DIVIDEND                                                                           
SPONSOR(s): LABOR &                                                                                                             
                                                                                                                                
04/04/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/22       (H)       L&C, FIN                                                                                               
04/04/22       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/22       (H)       <Bill Hearing Canceled>                                                                                
04/18/22       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 405                                                                                                                  
SHORT TITLE: ESTABLISHMENT OF TRUSTS                                                                                            
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
04/04/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/22       (H)       L&C                                                                                                    
04/08/22       (H)       L&C AT 9:00 AM BARNES 124                                                                              
04/08/22       (H)       -- MEETING CANCELED --                                                                                 
04/15/22       (H)       L&C AT 9:00 AM BARNES 124                                                                              
04/15/22       (H)       Heard & Held                                                                                           
04/15/22       (H)       MINUTE(L&C)                                                                                            
04/18/22       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHELSEA WARD-WALLER, Staff                                                                                                      
Representative Ivy Spohnholz                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On  behalf  of  Representative  Spohnholz,                                                            
prime  sponsor,  explained  the   proposed  changes  for  HB  404,                                                              
Version I.                                                                                                                      
                                                                                                                                
EVAN ANDERSON, Staff                                                                                                            
Representative Zack Fields                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  On  behalf of  Representative Fields,  prime                                                            
sponsor, presented the summary of changes for HB 405, Version B.                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:21:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  IVY  SPOHNHOLZ  called  the  House  Labor  and  Commerce                                                            
Standing    Committee   meeting    to   order    at   3:21    p.m.                                                              
Representatives  Spohnholz, Kaufman,  Snyder (via  teleconference)                                                              
and  Fields  (via teleconference)  were  present  at the  call  to                                                              
order.   Representative  Schrage (via  teleconference) arrived  as                                                              
the meeting was in progress.                                                                                                    
                                                                                                                                
        HB 404-REPEAL AK HOUSING FINANCE CORP. DIVIDEND                                                                     
                                                                                                                                
3:22:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that  the first  order of  business                                                              
would be  HOUSE BILL  NO. 404, "An  Act repealing the  requirement                                                              
that  the  Alaska  Housing Finance  Corporation  make  a  dividend                                                              
available to the state, and repealing associated definitions."                                                                  
                                                                                                                                
3:22:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  moved to adopt the proposed  committee substitute                                                              
(CS)  for HB  404,  Version 24-LS1638\I,  Klein,  4/15/22, as  the                                                              
working  document.    There  being no  objection,  Version  I  was                                                              
before the committee.                                                                                                           
                                                                                                                                
3:22:59 PM                                                                                                                    
                                                                                                                                
CHELSEA WARD-WALLER,  Staff, Representative Ivy  Spohnholz, Alaska                                                              
State Legislature,  on behalf  of Representative Spohnholz,  prime                                                              
sponsor,  explained that  the  proposed HB  404  would repeal  the                                                              
Alaska Housing  Finance Corporation  dividend, while the  CS would                                                              
direct  the  dividend  to be  used  towards  affordable  workforce                                                              
housing.    She  explained  that  the  proposed  CS  is  follow-up                                                              
legislation from  the committee's  March 25 meeting  on affordable                                                              
housing.                                                                                                                        
                                                                                                                                
3:23:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ explained  that  the CS  was  crafted after  a                                                              
discussion  with Bryan  Butcher,  the CEO  of  the Alaska  Housing                                                              
Finance Corporation.   She noted  that one of the  suggestions had                                                              
been to increase the investment in housing.                                                                                     
                                                                                                                                
[HB 404 was held over.]                                                                                                         
                                                                                                                                
                 HB 405-ESTABLISHMENT OF TRUSTS                                                                             
                                                                                                                                
3:25:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that  the final  order of  business                                                              
would  be   HOUSE  BILL   NO.  405,  "An   Act  relating   to  the                                                              
establishment  of trusts;  requiring the  filing of certain  trust                                                              
information; and requiring compliance with a federal law."                                                                      
                                                                                                                                
3:25:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  moved to adopt the proposed  committee substitute                                                              
(CS) for HB  405, Version 32-LS1620\B, Bannister,  4/14/22, as the                                                              
working  document.    There  being no  objection,  Version  B  was                                                              
before the committee.                                                                                                           
                                                                                                                                
3:25:32 PM                                                                                                                    
                                                                                                                                
EVAN  ANDERSON, Staff,  Representative Zack  Fields, Alaska  State                                                              
Legislature, on  behalf of  Representative Fields, prime  sponsor,                                                              
offered the  summary of changes for  HB 405, Version B  [hard copy                                                              
included  in  the  committee  packet].    He  explained  that  the                                                              
changes  largely   came  about   from  suggestions   from  various                                                              
stakeholders.   He  pointed out  that the  major changes  provided                                                              
more clarity in  the statute.  He paraphrased from  the summary of                                                              
changes [copy  included in  the committee  packet], which  read as                                                              
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     1. Ver  G: p  1. Line  1. Amends  bill title to  include                                                                   
     "relocation of foreign trusts"                                                                                             
                                                                                                                                
     2. Ver  G: p  1. Line  2. Amends  bill title to  include                                                                   
     "relating to trusts"                                                                                                       
                                                                                                                                
     3.  Ver G:  p  2.  lines 1,  4.  Re-words Section  1  to                                                                   
     clarify   the  court  filing   requirements  for   trust                                                                   
     establishment.  Requires disclosure  of  an address  for                                                                   
     both corporate and individual trustees.                                                                                    
                                                                                                                                
     4. Ver  G: p 2. lines  8, 11-13. adds "or  relocation of                                                                   
     trust" to  expand DCCED's  statutory authority  to treat                                                                   
     trusts relocating  to the State of Alaska  as new trusts                                                                   
     &  require both  new  and  relocating trusts  to  submit                                                                   
     beneficial ownership information.                                                                                          
                                                                                                                                
     5.  Ver G:  p 2.  Line 15.  Requires  disclosure of  the                                                                   
     "trust address"                                                                                                            
                                                                                                                                
     6. Ver G: p  2. Lines 17-18. Adds a new  line to require                                                                   
     disclosure  of information  for  the  person filing  the                                                                   
     trust establishment  document, previously,  "applicant."                                                                   
     Lines  19-31. Requires  disclosure  for  this person  of                                                                   
     the  legal name,  address,  alias, state  or country  of                                                                   
     organization, and  a legal identifier, such as  a Tax ID                                                                   
     number.                                                                                                                    
                                                                                                                                
     7.  Ver G:  p  3. Lines  1-9. Provides  definitions  and                                                                   
     requires  disclosure   of  name  and  address   for  the                                                                   
     following categories:  trustee, protector,  beneficiary,                                                                   
     grantor, and settlor.                                                                                                      
                                                                                                                                
     8. Ver G:  p 3. Lines 10-11. Requires disclosure  of any                                                                   
     other name of the trust being established.                                                                                 
                                                                                                                                
     9.  Ver G:  p  3. Lines  15-22. Requires  disclosure  of                                                                   
     changes  to the  legal structure  of a  trust within  30                                                                   
     days.  This   change  will  keep  DCCED's   registry  of                                                                   
     beneficial  ownership information  current.  Establishes                                                                   
     a $500 fine for non-compliance.                                                                                            
                                                                                                                                
     10.  Ver G:  p 3.  Lines 26-28.  Allows  DCCED to  share                                                                   
     information  with  another  department or  division  for                                                                   
     enforcement and verification purposes.                                                                                     
                                                                                                                                
     11.  Ver G: p  3. Lines  29-31. Classifies  all new  and                                                                   
     relocating trusts  as "reporting company" to  align with                                                                   
     federal regulatory framework.                                                                                              
                                                                                                                                
     12. Ver  G: p  4. Lines 4-5.  Provides a definition  for                                                                   
     "address."  13.  Ver G:  p  4. Lines  16-19.  Conforming                                                                   
     change   to  Section   A  of   this  statute;   confirms                                                                   
     eligibility  of  foreign  trusts  to  establish  in  the                                                                   
     State of Alaska.                                                                                                           
                                                                                                                                
     14.  Ver  G: p  4.  Lines 20-23.  Conforming  change  to                                                                   
     Section  C  of this  statute;  confirms  eligibility  of                                                                   
     foreign trusts to establish in the State of Alaska.                                                                        
                                                                                                                                
     15.  Ver  G:  p 4.  Lines  27-30.  Defines  and  exempts                                                                   
     'testamentary  trusts' created  prior  to the  effective                                                                   
     date  of   this  legislation  from  the   new  reporting                                                                   
     framework.  All   testamentary  trusts   established  by                                                                   
     wills   filed  after   the   effective   date  of   this                                                                   
     legislation  will  be  subject   to  the  new  reporting                                                                   
     requirements.                                                                                                              
                                                                                                                                
3:32:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ announced that HB 405 was held over.                                                                         
                                                                                                                                
3:33:39 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
3:33 p.m.                                                                                                                       

Document Name Date/Time Subjects
CS HB 405 (L&C)_4.15.22.pdf HL&C 4/18/2022 3:15:00 PM
HB 405
SB 174 Amendment 1_4.14.22.pdf HL&C 4/15/2022 9:00:00 AM
HL&C 4/18/2022 3:15:00 PM
SB 174
SB 174 Amendment 2_4.14.22.pdf HL&C 4/15/2022 9:00:00 AM
HL&C 4/18/2022 3:15:00 PM
SB 174
CS HB 404 (L&C)_4.15.22.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 404_Supporting Document_APM article_4.12.22.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 404 Sponsor Statement_4.17.22.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 404_Supporting Document_APM article_4.14.22.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 404_Supporting Document_KTVF article_7.6.21.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 404_Supporting Document_NLIHC Alaska Statistics_2021.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 404_Supporting Document_PBS article_3.14.22.pdf HL&C 4/18/2022 3:15:00 PM
HB 404
HB 405 CSHB L&C Summary of Changes.pdf HL&C 4/18/2022 3:15:00 PM
HB 405
HB 405 v. B - Sectional Analysis.pdf HL&C 4/18/2022 3:15:00 PM
HB 405