Legislature(2009 - 2010)SENATE FINANCE 532

04/07/2010 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 208 DNR STUDY ON NATURAL GAS TELECONFERENCED
Moved CSSB 208(RES) Out of Committee
+= SB 235 CHARTER/ALTERNATIVE SCHOOL FUNDING TELECONFERENCED
Moved SB 235 Out of Committee
+= SB 301 POWER PROJECT FUND TELECONFERENCED
Moved SB 301 Out of Committee
+= HB 162 SOUTHEAST STATE FOREST TELECONFERENCED
Moved SCS HB 162(RES) Out of Committee
+ SB 63 TRANSFER RESTRICTIONS ON TRUSTS TELECONFERENCED
Heard & Held
+ SB 172 ALASKA HEALTH CARE COMMISSION TELECONFERENCED
Heard & Held
+ SB 184 INTERNET ACCESS TO LEG COMMITTEE MTGS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 63                                                                                                            
                                                                                                                                
     "An Act relating to transfer restrictions on trust                                                                         
     interests."                                                                                                                
                                                                                                                                
9:19:48 AM                                                                                                                    
                                                                                                                                
ESTHER CHA,  STAFF, SENATOR MCGUIRE, commented  on the state                                                                    
trust  laws. She  explained  that the  trust  business is  a                                                                    
multibillion dollar  sector that  often crosses  state lines                                                                    
to take  advantage of more  attractive state trust  laws. In                                                                    
1997, Alaska became the first  state to establish a law that                                                                    
allows   a  person   to  form   an  irrevocable   trust  via                                                                    
discretionary  beneficiary  of  the trust.  She  quoted  the                                                                    
document "What  is a  Trust" (copy  on file).  She continued                                                                    
that SB 63  is part of an ongoing effort  to modernize trust                                                                    
laws.  The modernization  will create  jobs  and revenue  to                                                                    
diversify  our economy  making  Alaska  attractive to  trust                                                                    
business and investment.                                                                                                        
                                                                                                                                
9:24:03 AM                                                                                                                    
                                                                                                                                
Senator  Huggins   asked  if  a  loophole   would  open  for                                                                    
creditors  if  the  creditor must  establish  by  clear  and                                                                    
convincing evidence no intent to defraud.                                                                                       
                                                                                                                                
Ms.  Cha  believed  that  the  practice  is  standard  among                                                                    
trustees.                                                                                                                       
                                                                                                                                
DAVE  SHAFTEL,  ATTORNEY,  CONSULTANT  (via  teleconference)                                                                    
stated  that   there  is  an  exception   for  a  fraudulent                                                                    
transfer.  If an  asset is  transferred with  the intent  to                                                                    
defraud  creditors,  then  the  court  can  set  aside  that                                                                    
transfer.  The   trust  provision  addressed   contains  the                                                                    
specific exception.  The issue with  our statute is  that it                                                                    
does not  include the  need for a  creditor to  establish or                                                                    
satisfy in  order to prove  that the transfer was  made with                                                                    
the intent to defraud. The  clear and convincing standard is                                                                    
universally  used for  fraudulent  transfer. This  provision                                                                    
inserts  into the  statute what  was previously  an omission                                                                    
clarifying  the  standard that  the  creditor  must show  by                                                                    
clear  and   convincing  evidence  that  the   transfer  was                                                                    
performed fraudulently.                                                                                                         
                                                                                                                                
9:27:27 AM                                                                                                                    
                                                                                                                                
Senator Thomas asked  about the standards. He  asked to know                                                                    
the next most  rigid or difficult to attain  burden of proof                                                                    
required  of the  person  claiming  they were  intentionally                                                                    
defrauded.                                                                                                                      
                                                                                                                                
Mr. Shaftel  responded that the standard  used in litigation                                                                    
is  a  preponderance of  the  evidence  or 51  percent.  The                                                                    
standard is  easier than clear and  convincing evidence. The                                                                    
law  requires  a  more stringent  standard  with  clear  and                                                                    
convincing evidence regarding fraudulence.                                                                                      
                                                                                                                                
Senator Olson asked if the  bill interferes with the sale of                                                                    
assets within the trust.                                                                                                        
                                                                                                                                
Mr. Shaftel responded no. He  stated that the trustee is the                                                                    
owner of the  assets with powers of sale  and management and                                                                    
manages the assets  for the beneficiaries of  the trust. The                                                                    
laws in  place do not  inhibit the powers unless  the person                                                                    
who  set up  the trust  wants  to ensure  that a  particular                                                                    
asset remain in the trust permanently.                                                                                          
                                                                                                                                
9:30:28 AM                                                                                                                    
                                                                                                                                
Mr. Shaftel  provided testimony. He commented  that the bill                                                                    
allows the state  to bring trust laws up to  speed. He noted                                                                    
that  the mentioned  provisions have  been enacted  in other                                                                    
states  with similar  types of  trusts. He  opined that  the                                                                    
proposed  legislation  improves  the  law  in  the  area  of                                                                    
trusts.  He  stated that  most  of  his clients  are  Alaska                                                                    
residents who  use this type  of trust frequently.  He urged                                                                    
the approval of the bill.                                                                                                       
                                                                                                                                
Senator   Thomas    asked   about   the   trust    and   the                                                                    
diversification  of Alaska's  economy. He  wondered about  a                                                                    
potential  study  illustrating  the impact  on  the  state's                                                                    
economy.                                                                                                                        
                                                                                                                                
Mr. Shaftel  responded that recent testimony  from trust and                                                                    
bank  officers stated  a  substantial  increase in  business                                                                    
with  large amounts  of funds  travelling through  financial                                                                    
institutions.  He  expressed  awareness  of  million  dollar                                                                    
transactions in  Alaska. He stated that  the legislation has                                                                    
helped  the  economy  with   other  states  choosing  Alaska                                                                    
because of our reputation for trust laws                                                                                        
                                                                                                                                
9:33:56 AM                                                                                                                    
                                                                                                                                
DOUGLAS BLATTMACHR,  PRESIDENT OF ALASKA TRUST  COMPANY (via                                                                    
teleconference),  testified in  support of  the legislation.                                                                    
He explained that the recently  passed trust legislation has                                                                    
proven beneficial  to the state  while creating a  number of                                                                    
jobs. The  state received an  additional $3 million  in life                                                                    
insurance premium tax because of outside trusts.                                                                                
                                                                                                                                
Co-Chair  Hoffman commented  that  the  legislation has  one                                                                    
zero fiscal note from the Department of Law.                                                                                    
                                                                                                                                
SB  63  was   HEARD  and  HELD  in   Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
Summary of Changes CSSB63.pdf SFIN 4/7/2010 9:00:00 AM
SB 63
SB 63 Supporting Documents.pdf SFIN 4/7/2010 9:00:00 AM
SB 63
CSSB 63 P Sectional.pdf SFIN 4/7/2010 9:00:00 AM
SB 63
CSSB63JUDSponsorStmt.pdf SFIN 4/7/2010 9:00:00 AM
SB 63
SB172 Sponsor Statement.PDF SFIN 4/7/2010 9:00:00 AM
SB 172
SB172 Sectional.PDF SFIN 4/7/2010 9:00:00 AM
SB 172
HB172 DOR GeFONSI.pdf SFIN 4/7/2010 9:00:00 AM
HB 172
get_documents[1].asp_session=26&docid=4380 SFIN 4/7/2010 9:00:00 AM
SB 172
get_documents[1].asp_session=26&docid=4379 SFIN 4/7/2010 9:00:00 AM
SB 172
get_documents[1].asp_session=26&docid=6130 SFIN 4/7/2010 9:00:00 AM
SB 172
SB 172 LOS AK Commission on Aging.PDF SFIN 4/7/2010 9:00:00 AM
SB 172
SB 172 Commonwealth North Report.pdf SFIN 4/7/2010 9:00:00 AM
SB 172
SB 172 ISER Health Care Payer Report 2006.pdf SFIN 4/7/2010 9:00:00 AM
SB 172
get_documents[1].asp_session=26&docid=4370 SFIN 4/7/2010 9:00:00 AM
SB 172
SB 172 Ak Health Care Strategies Planning Council Final Report.pdf SFIN 4/7/2010 9:00:00 AM
SB 172
SB 172 LOS AARP.PDF SFIN 4/7/2010 9:00:00 AM
SB 172
SB 184 Witness List.PDF SFIN 4/7/2010 9:00:00 AM
SB 184
SB 184 Sponsor Statement.PDF SFIN 4/7/2010 9:00:00 AM
SB 184
SB 184 KTOO letter.pdf SFIN 4/7/2010 9:00:00 AM
SB 184
SB 208 Sponsor Statement.doc SFIN 4/7/2010 9:00:00 AM
SB 208
Cook Inlet Supply and Demand.pub SFIN 4/7/2010 9:00:00 AM
SB 208
Cook Inlet Forecast Chart (exerpt).pdf SFIN 4/7/2010 9:00:00 AM
SB 208
SB 235 - Sponsor Statement[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - Sectional Analysis[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - PowerPoint[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - National Ranking[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - National Charter Alliance CSP Fact Sheet[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - Mat-Su Support Resolution[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - Letters of Support[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - Kern - Fed Dept Ed - Letter[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - DED Charter Grant Program[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - Comeau Article[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
SB 235 - Alaska Charter Law Fact Sheet[1].pdf SFIN 4/7/2010 9:00:00 AM
SB 235
Sectional Analysis for HB 411 and SB 301.pdf SFIN 4/7/2010 9:00:00 AM
HB 411
SB 301
SB 301 Hearing Request Sen. Hoffman and Sen. Stedman.pdf SFIN 4/7/2010 9:00:00 AM
SB 301
2-17-2010_MOU_AIDEA_AEA.pdf SFIN 4/7/2010 9:00:00 AM
SB 301
RDC Support of HB 162.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB 162 Sectional Analysis.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB 162 Letters of support.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB 162 DNR Briefing.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB162SSE State Forest Briefing 1-24-10.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB162 SSE State Forest Map Packet 2-27-09.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB162 SAF State Chapter Support Letter.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
HB162 AFA Support Letter 2010.pdf SFIN 4/7/2010 9:00:00 AM
HB 162
SB 172 Amendmetn 1 P.1.pdf SFIN 4/7/2010 9:00:00 AM
SB 172