Legislature(2005 - 2006)BELTZ 211
02/23/2006 01:30 PM Senate LABOR & COMMERCE
Audio | Topic |
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Start | |
SB289 | |
SB298 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 298 | TELECONFERENCED | |
+= | SB 289 | TELECONFERENCED | |
SB 298-TRUSTS: CHALLENGES; CLAIMS; LIABILITIES 2:03:21 PM CHAIR CON BUNDE announced SB 298 to be up for consideration. SENATOR RALPH SEEKINS, sponsor of SB 298, said that it revises Titles 13 and 34 pertaining to the administration of trust assets. The updates include the clarifying language relating to the various powers conferred upon the trustee, trustee reporting requirements and claims made against trust assets. Updates to language in Title 34 pertain to the exemption from transfer provisions for certain IRA trust assets, technical corrections made to AS 32.40.110(b) and the handling of trust assets in cases of divorce or dissolution. He explained that since 1997, the Alaska State Legislature has consistently worked to update and improve the laws regarding the use and administration of trusts. As a result, Alaska is considered one of the premier trust jurisdictions in the country. At least seven other states have enacted legislation similar to Alaska's. The proposed updates are intended to preserve Alaska's leading position within the universes of trust products and services offered nationwide. Alaska's trust laws encourage citizens to keep their assets in the state and attract capital from all over the country. SB 298 clarifies previous trust legislation, makes the administration of trusts in Alaska more efficient and cost effective. It will keep Alaska as the jurisdiction of choice for trust administration. DOUGLAS BLATTMACHR, President, Alaska Trust Company, supported Senator Seekins comments and SB 298. 2:07:24 PM MR. RICHARD THWAITES, Chairman, Alaska Trust Company, said that most of his clients don't use the services of the Alaska Trust Company, but the estate planning services he does provide are now more easily attainable and beneficial to them because of Alaska's trust law. BETH CHAPMAN, Atty., Faulkner and Banfield, said she also works with individual Alaskans in planning their estates and this bill continues to improve the state's law, which assists them in meeting their estate planning goals, particularly in responding to changed circumstances in their family. SB 298 continues to improve Alaska trust laws. She was not aware of any opposition to SB 298. STEVEN GREER, private practitioner in Anchorage, said he was not connected with the Alaska Trust Company, but that SB 298 improved Alaska's trust laws and he supported its passage. 2:09:58 PM JONATHAN BLATTMACHR, Atty., said he practices primarily in New York City, but has a license in Alaska. He said that seven other states have tried to do "copycat" legislation of the Alaska trust provisions. He supported SB 298 saying it would continue to draw business to Alaska before people turn to other states. DAVID SHAFTEL, Atty., said he is a member of the informal group of estate and trust attorneys who practice in Alaska. His clients have benefited from Alaska's superior estate and trust laws. He participated in drafting some of the provisions and urged passage of SB 298. 2:12:34 PM RICH HOMPESCH, Hompesch and Evans, Fairbanks, supported previous testimony and SB 298. He said his clients have benefited greatly from Alaska's superior trust estate laws. He had heard of no opposition to this bill. CHAIR BUNDE asked Senator Seekins if he had heard of any opposition to the bill. 2:13:42 PM SENATOR SEEKINS replied that he hadn't heard of any opposition to this bill. He moved to pass SB 298 from committee with individual recommendations and attached zero fiscal note. Senators Seekins, Ben Stevens and Chair Bunde voted yea; and SB 298 moved from committee.
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