Legislature(2001 - 2002)
05/11/2002 05:50 PM House JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 11, 2002
5:50 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chair
Representative Jeannette James
Representative John Coghill
Representative Kevin Meyer
MEMBERS ABSENT
Representative Scott Ogan, Vice Chair
Representative Ethan Berkowitz
Representative Albert Kookesh
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 369(RLS)
"An Act relating to trusts, including trust protectors, trustee
advisors, and transfers of trust interests, and to creditors'
claims against property subject to a power of appointment; and
providing for an effective date."
- MOVED HCS CSSB 369(JUD) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: SB 369
SHORT TITLE:POWERS OF APPOINTMENTS/TRUSTS/CREDITORS
SPONSOR(S): JUDICIARY
Jrn-Date Jrn-Page Action
04/29/02 3024 (S) READ THE FIRST TIME -
REFERRALS
04/29/02 3024 (S) JUD
05/01/02 (S) JUD AT 3:30 PM BELTZ 211
05/01/02 (S) Moved Out of Committee --
Time Change --
05/01/02 (S) MINUTE(JUD)
05/02/02 3101 (S) JUD RPT 2DP 1NR
05/02/02 3101 (S) DP: TAYLOR, COWDERY; NR:
THERRIAULT
05/02/02 3101 (S) FN1: ZERO(LAW)
05/07/02 (S) RLS AT 9:30 AM FAHRENKAMP 203
MINUTE(RLS)
05/09/02 3260 (S) RULES TO CALENDAR W/CS 5/9
SAME TITLE
05/09/02 3260 (S) FN1: ZERO(LAW)
05/09/02 3267 (S) READ THE SECOND TIME
05/09/02 3268 (S) RLS CS ADOPTED UNAN CONSENT
05/09/02 3268 (S) ADVANCED TO 3RD READING FLD
Y14 N6
05/09/02 3268 (S) ADVANCED TO THIRD READING
5/10 CALENDAR
05/10/02 3312 (S) READ THE THIRD TIME CSSB
369(RLS)
05/10/02 3312 (S) PASSED Y19 N- A1
05/10/02 3312 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
05/10/02 3321 (S) TRANSMITTED TO (H)
05/10/02 3321 (S) VERSION: CSSB 369(RLS)
05/11/02 3510 (H) READ THE FIRST TIME -
REFERRALS
05/11/02 3510 (H) JUD
05/11/02 (H) JUD AT 5:45 PM CAPITOL 120
WITNESS REGISTER
SUSAN SULLIVAN, Child Support Enforcement Division (CSED)
Department of Revenue
550 West 7th Avenue, Suite 310
Anchorage, Alaska 99501
POSITION STATEMENT: During the discussion of SB 369, expressed
a concern and suggested the adoption of proposed Amendment 1.
HEATHER M. NOBREGA, Staff
to Representative Norman Rokeberg
House Judiciary Standing Committee
Alaska State Legislature
Capitol Building, Room 118
Juneau, Alaska 99801
POSITION STATEMENT: Responded to questions during discussion of
SB 369.
DIANE WENDLANDT, Assistant Attorney General
Collections and Support Section
Civil Division (Anchorage)
Department of Law (DOL)
1031 West 4th Avenue, Suite 200
Anchorage, Alaska 99501-1994
POSITION STATEMENT: During discussion of SB 369, indicated that
she had reviewed proposed Amendment 1.
ACTION NARRATIVE
TAPE 02-65, SIDE A
Number 0001
CHAIR NORMAN ROKEBERG called the House Judiciary Standing
Committee meeting to order at 5:50 p.m. Representatives
Rokeberg, James, Coghill, and Meyer were present at the call to
order.
SB 369 - POWERS OF APPOINTMENTS/TRUSTS/CREDITORS
[Contains mention of the companion bill, HB 316.]
Number 0026
CHAIR ROKEBERG announced that the committee would hear CS FOR
SENATE BILL NO. 369(RLS), "An Act relating to trusts, including
trust protectors, trustee advisors, and transfers of trust
interests, and to creditors' claims against property subject to
a power of appointment; and providing for an effective date."
He noted that there is a proposed amendment, hereafter referred
to as Amendment 1, which read [original punctuation provided]:
Page 4, Line 4:
Delete: "or"
Insert: [or]
Page 4, Line 6:
Delete: [.]
Insert; ;
Page 4, Line 7:
Insert: (5) the creditor is seeking to satisfy a
claim for child support.
Page 5, Line 25, after "except," through line 30:
Delete all material.
Insert:
(a) to the extent that a donee of an inter vivos
or testamentary power of appointment
(1) is permitted by the donor of the power
to appoint the property to the donee's estate or to
the creditors of the donee's estate; and
(2) effectively exercises the power of
appointment in favor of the donee's estate or the
creditors of the donee's estate; or
(b) when the creditor is seeking to satisfy a
claim of child support.
Number 0057
SUSAN SULLIVAN, Child Support Enforcement Division (CSED),
Department of Revenue, testified via teleconference and said the
CSED's concern with SB 369 and its companion bill - HB 316 - is
that there will be an unintended consequence. She warned that
certain provisions of this legislation would make it easier for
an unscrupulous parent to avoid supporting his or her children.
She offered that Amendment 1 would resolve this potential
problem.
Number 0147
HEATHER M. NOBREGA, Staff to Representative Norman Rokeberg,
House Judiciary Standing Committee, Alaska State Legislature, in
response to a question, indicated that she had drafted Amendment
1.
Number 0155
DIANE WENDLANDT, Assistant Attorney General, Collections and
Support Section, Civil Division (Anchorage), Department of Law
(DOL), testified via teleconference, stating simply that she has
reviewed Amendment 1.
MS. NOBREGA, in response to a question, pointed out that the
portion of Amendment 1 that will alter page 5 of SB 369 begins
after the word "except" on line 25.
MS. SULLIVAN remarked that Ms. Wendlandt has suggested that the
last line of Amendment 1 be amended to read: "(b) to the extent
that the creditor is seeking to satisfy a claim of child
support."
MS. NOBREGA noted that such an amendment would merely involve
deleting "when" and inserting "to the extent that".
CHAIR ROKEBERG indicated that Amendment 1 would be amended to
incorporate that suggestion.
Number 0360
REPRESENTATIVE JAMES made a motion to adopt Amendment 1 [as
amended]. There being no objection, Amendment 1, as amended,
was adopted.
REPRESENTATIVE JAMES pointed out that Section 1 contains a
reference to another statute - AS 47.07.020(f) - and asked what
that statute is.
CHAIR ROKEBERG surmised that the "trust boys" probably made the
suggestion to add that language to SB 369, thereby creating one
of the differences between SB 369 and HB 316.
MS. NOBREGA noted that AS 47.07.020(f), which says, "A person
may not be denied eligibility for medical assistance under this
chapter on the basis of a diversion of income, whether by
assignment or after receipt of the income, into a Medicaid-
qualifying trust", can be found in the chapter pertaining to
medical assistance for needy persons.
REPRESENTATIVE JAMES indicated that the reference in SB 369 to
that statute is appropriate.
CHAIR ROKEBERG agreed. He then suggested that the House
Judiciary Standing Committee's [draft minutes] regarding HB 316
be included as part of the record for SB 396.
Number 0547
REPRESENTATIVE JAMES moved to report CSSB 369(RLS), as amended,
out of committee with individual recommendations and the
accompanying zero fiscal note. There being no objection, HCS
CSSB 369(JUD) was reported from the House Judiciary Standing
Committee.
ADJOURNMENT
Number 0575
CHAIR ROKEBERG announced at 6:00 p.m. that the House Judiciary
Standing Committee would be recessed to a call of the chair.
[This meeting was never reconvened.]
| Document Name | Date/Time | Subjects |
|---|