Legislature(2005 - 2006)BELTZ 211

02/23/2006 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES TELECONFERENCED
Moved SB 298 Out of Committee
Bills Previously Heard/Scheduled
Including but Not Limited to:
+= SB 289 INSURANCE TELECONFERENCED
Moved CSSB 289(L&C) Out of Committee
         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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