Legislature(2001 - 2002)

01/29/2002 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
              HB 157-TRUST COMPANIES & FIDUCIARIES                                                                          
                                                                                                                              
CHAIRMAN BEN STEVENS called the Senate  Labor & Commerce Committee                                                            
meeting to  order at 1:35 p.m. and  announced HB 157 to  be up for                                                              
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LISA MURKOWSKI, sponsor  of HB  157, said  that it                                                              
was an update to  the Trust Act that was first  instituted in 1949                                                              
and had seen  very little change. She worked with  the Division of                                                              
Banking and Securities  for the past three years  on this bill and                                                              
it passed out of the House with considerable support.                                                                           
                                                                                                                                
She  explained that  the  Division of  Banking  and Securities  in                                                              
conjunction  with  many other  states  took  model acts  from  the                                                              
Conference of State  Bank Supervisors and drafted  the bill before                                                              
them. Basically  the legislation defines  who can conduct  a trust                                                              
business  in the  state.  The statutes  presently  don't give  any                                                              
guidance as to  that. They also define the exemptions  to the act,                                                              
so that  a person  who has been  appointed as  a trustee  of their                                                              
family trust or a law firm or lawyer  who does an occasional trust                                                              
is  not subject  to  HB 157.  In addition,  the  bill details  the                                                              
powers of  the trust  companies, the  requirements for  chartering                                                              
and  provisions such  as minimum  statutory capital  requirements,                                                              
confidential handling  of the customer information,  disclosure of                                                              
conflicts of  interest and provide  for mergers,  sales, voluntary                                                              
and involuntary  liquidations.  "It is to  provide the  parameters                                                              
and the guidelines for those trust  companies that would choose to                                                              
do business in the State of Alaska."                                                                                            
                                                                                                                                
REPRESENTATIVE MURKOWSKI  said that legislation passed  before she                                                              
came to the legislature makes a concerted  effort to attract trust                                                              
business  to  the  state  and this  provides  guidelines  for  the                                                              
companies who  decide to  come. She said  the Mr. Terry  Lutz from                                                              
the Division of Banking and Securities  had been working on it all                                                              
along and could answer questions.                                                                                               
                                                                                                                                
CHAIRMAN  STEVENS asked  how many  entities now  manage trusts  in                                                              
Alaska.                                                                                                                         
                                                                                                                                
MR.  LUTZ,  Division  of  Banking,  Securities  and  Corporations,                                                              
answered that  there are  two state  chartered trust companies  at                                                              
the time and  there were other entities out there  that advertised                                                              
in the yellow pages as doing trusts.  Right now it doesn't say who                                                              
must charter;  it says, "five or  more people may charter  a trust                                                              
company".  It doesn't'  require anybody  to have  a charter.  This                                                              
bill would  require that and gives  specific guidelines on  how to                                                              
go about doing that.                                                                                                            
                                                                                                                                
SENATOR TORGESRON asked  if it was correct that it  takes only one                                                              
person to start a trust.                                                                                                        
                                                                                                                                
MR. LUTZ answered yes.                                                                                                          
                                                                                                                                
SENATOR TORGERSON  asked him  to explain why  it would help  to go                                                              
from four  or five to  one person to start  a trust (page  8, line                                                              
3).                                                                                                                             
                                                                                                                                
MR. LUTZ replied  that they used  model acts from a dozen  or more                                                              
states and  used areas  that seemed consistent  and would  work in                                                              
Alaska. He  said further  down the bill  language talks  about the                                                              
operation and running of the trust  company. It needs five or more                                                              
directors, but just one person can form the company.                                                                            
                                                                                                                                
CHAIRMAN  STEVENS said  one person  can form the  company,  but to                                                              
incorporate, they  have to go on  to laws of incorporation  in the                                                              
next section.                                                                                                                   
                                                                                                                                
MR. LUTZ said that was correct.                                                                                                 
                                                                                                                                
CHAIRMAN  STEVENS asked  how many  companies in  the yellow  pages                                                              
were soliciting that they could manage  a trust under the criteria                                                              
that this bill puts forward.                                                                                                    
                                                                                                                                
MR. LUTZ  replied that  he would be  contacting those  entities if                                                              
the act is passed and let them know the requirements.                                                                           
                                                                                                                                
SENATOR  TORGERSON asked  if someone  gives a  down payment  to an                                                              
attorney or  a realtor and  they say  it's going into  their trust                                                              
account, is that what this bill deals with.                                                                                     
                                                                                                                                
MR. LUTZ replied  no. There is a specific exemption  for that type                                                              
of trust business.                                                                                                              
                                                                                                                                
CHAIRMAN  TORGERSON asked  if retirement  funds  would come  under                                                              
this.                                                                                                                           
                                                                                                                                
MR.  LUTZ  replied  that  it  would  depend  on  how  things  were                                                              
structured.                                                                                                                     
                                                                                                                                
SENATOR TORGERSON asked  if the state was making  any money off of                                                              
this.                                                                                                                           
                                                                                                                                
MR. LUTZ replied no.                                                                                                            
                                                                                                                                
1:45                                                                                                                            
                                                                                                                                
SENATOR AUSTERMAN  asked if  he contacted  these other  people for                                                              
input.                                                                                                                          
                                                                                                                                
MR.  LUTZ replied  that they  contacted the  Bar Association,  the                                                              
Alaska Bankers  Association and the  organizations that had  a lot                                                              
of contacts  to get as  many people involved  as they  could. They                                                              
didn't go into the yellow pages.                                                                                                
                                                                                                                                
MR. DAVE  SHAFTEL, Estate Planning  Attorney, said he is  a member                                                              
of an informal  group of attorneys who have been  working with the                                                              
legislature  on various  estate planning  and state trust  matters                                                              
over the last  five years. Their emphasis has not  been on forming                                                              
trust companies  or trust  company businesses,  but rather  on how                                                              
this bill  would affect  residents of Alaska  who form  trusts and                                                              
name family members or family friends  or charitable organizations                                                              
as trustees of those trusts.                                                                                                    
                                                                                                                                
     We  are  comfortable  now  that  there  are  appropriate                                                                   
     exemptions for  those areas I have just  mentioned where                                                                   
     we find that  someone should be allowed to  be a trustee                                                                   
     of a family trust and not have  to go through all of the                                                                   
     regulatory  and capitalization  requirements  to form  a                                                                   
     trust company…."                                                                                                           
                                                                                                                                
He said there was one little area that still needed work.                                                                       
                                                                                                                                
SENATOR TORGERSON asked if the effective dates were correct.                                                                    
                                                                                                                                
CHAIRMAN  STEVENS   responded  that  they  were  going   to  do  a                                                              
conceptual amendment for those.                                                                                                 
                                                                                                                                
SENATOR TORGERSON asked if the bill  was just repealing all of the                                                              
old trust  language.  "There's not  a secret repealer  in here  on                                                              
something else…"                                                                                                                
                                                                                                                                
REPRESENTATIVE  MURKOWSKI replied that  she wouldn't  do something                                                              
like  that  to him.  She  wanted  to address  Senator  Austerman's                                                              
question about who  had been contacted. She has  worked within the                                                              
divisions  within  the  Bar  Association,  the  Trust  Association                                                              
informal  working   group,  the  two  trust  companies   that  are                                                              
organized  right now  and any  banks that  have trust  operations.                                                              
"There has been  a relatively broad working group  that has gotten                                                              
together over the  past several years. We have made  a good effort                                                              
to alert people  and to get their  input on this although  we have                                                              
not gone through the yellow pages."                                                                                             
                                                                                                                                
SENATOR AUSTERMAN  moved a conceptual amendment  that would change                                                              
page 64, line 8,  and page 65, lines 12 and 14  to 2003 from 2002.                                                              
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
SENATOR TORGERSON  moved to pass SCSHB 157(L&C)  am from committee                                                              
with individual  recommendations. There were no  objections and it                                                              
was so ordered.                                                                                                                 

Document Name Date/Time Subjects