Legislature(2007 - 2008)CAPITOL 17

04/30/2007 03:00 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HCR 8 RCA TASK FORCE TELECONFERENCED
Moved CSHCR 8(L&C) Out of Committee
+= HB 197 TRUSTS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 200 WORKERS' COMP: DISEASE PRESUMPTION TELECONFERENCED
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 30, 2007                                                                                         
                           3:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Mark Neuman, Vice Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Jay Ramras                                                                                                       
Representative Robert L. "Bob" Buch                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 197                                                                                                              
"An  Act  relating to  the  issuance  of shares  of  professional                                                               
corporations to a  trust, to trusts, to trustees,  to the removal                                                               
of  a trustee,  to the  compensation of  a trustee  and a  person                                                               
employed by  a trustee, to  a trustee's accepting or  rejecting a                                                               
trusteeship, to co-  trustees, to a vacancy in  a trusteeship, to                                                               
the resignation  of a trustee,  to delivery of trust  property by                                                               
former  trustees, to  the reimbursement  of trustee  expenses, to                                                               
the certification  of a trust,  to the suitability of  a trustee,                                                               
to the place  of administration of a trust, to  a trustee's power                                                               
to  appoint  property  to  another  trust, to  a  change  of  the                                                               
percentage of trust  property to be considered  principal, to the                                                               
determination of the value of a  trust, and to a settlor's intent                                                               
when transferring  property in trust;  amending Rules 54  and 82,                                                               
Alaska Rules of  Civil Procedure; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED HB 197 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 8                                                                                               
Establishing a  task force to make  recommendations regarding job                                                               
descriptions  and  salary  changes   for  the  commissioners  and                                                               
support staff of the Regulatory Commission of Alaska.                                                                           
                                                                                                                                
     - MOVED CSHCR 8(L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 200                                                                                                              
"An Act relating to the presumption of coverage for a workers'                                                                  
compensation claim for disability as a result of certain                                                                        
diseases for certain occupations."                                                                                              
                                                                                                                                
     - MOVED HB 200 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 197                                                                                                                  
SHORT TITLE: TRUSTS                                                                                                             
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
03/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/07       (H)       JUD, FIN                                                                                               
04/04/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/04/07       (H)       Moved Out of Committee                                                                                 
04/04/07       (H)       MINUTE(JUD)                                                                                            
04/05/07       (H)       JUD RPT 4DP 2NR                                                                                        
04/05/07       (H)       DP: GRUENBERG, LYNN, HOLMES, RAMRAS                                                                    
04/05/07       (H)       NR: COGHILL, SAMUELS                                                                                   
04/05/07       (H)       FIN REFERRAL REMOVED                                                                                   
04/05/07       (H)       L&C REFERRAL ADDED AFTER JUD                                                                           
04/20/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/20/07       (H)       Scheduled But Not Heard                                                                                
04/30/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HCR  8                                                                                                                  
SHORT TITLE: RCA TASK FORCE                                                                                                     
SPONSOR(s): REPRESENTATIVE(s) OLSON                                                                                             
                                                                                                                                
04/20/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/20/07       (H)       L&C, FIN                                                                                               
04/30/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 200                                                                                                                  
SHORT TITLE: WORKERS' COMP: DISEASE PRESUMPTION                                                                                 
SPONSOR(s): REPRESENTATIVE(s) DAHLSTROM                                                                                         
                                                                                                                                
03/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/07       (H)       L&C, JUD                                                                                               
04/27/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/27/07       (H)       Heard & Held                                                                                           
04/27/07       (H)       MINUTE(L&C)                                                                                            
04/30/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JANE PIERSON, Staff                                                                                                             
to Representative Jay Ramras                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Introduced  HB 197 on  behalf of  the House                                                               
Judiciary  Standing  Committee,  sponsor,  which  is  chaired  by                                                               
Representative Ramras.                                                                                                          
                                                                                                                                
DAVID G. SHAFTEL, Attorney at Law                                                                                               
Shaftel Law Offices                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 197.                                                                            
                                                                                                                                
STEPHEN E. GREER                                                                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Described   HB  197  as   good,  default                                                               
legislation and answered questions from the committee.                                                                          
                                                                                                                                
RICHARD THWAITES (ph)                                                                                                           
Alaska Trust Company                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 197.                                                                    
                                                                                                                                
DOUGLAS J. BLATTMACHR, President and CEO                                                                                        
Alaska Trust Company                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 197.                                                                            
                                                                                                                                
BETH CHAPMAN, Attorney at Law                                                                                                   
(No address provided)                                                                                                           
POSITION STATEMENT:   Testified as  one who worked on  forming HB
197, and answered questions from the committee.                                                                                 
                                                                                                                                
CHRISTY CATLIN                                                                                                                  
AT&T Alascom                                                                                                                    
POSITION STATEMENT:   Testified  in support  of the  formation of                                                               
the task force, during the hearing on HCR 8.                                                                                    
                                                                                                                                
KELLY HUBER, Staff                                                                                                              
to Representative Nancy Dahlstrom                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On behalf  of  Representative  Dahlstrom,                                                               
prime  sponsor,   described  the  changes  made   in  a  proposed                                                               
committee   substitute  labeled   25-LS0748\C,  Bannister/Bailey,                                                               
4/30/07.                                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR KURT  OLSON called  the House  Labor and  Commerce Standing                                                             
Committee  meeting  to  order at  3:06:41  PM.    Representatives                                                             
Gatto, Ramras, Buch,  Gardner, Neuman, and Olson  were present at                                                               
the call to order.   Representative LeDoux arrived as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
HB 197-TRUSTS                                                                                                                 
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE BILL  NO. 197, "An Act  relating to the issuance  of shares                                                               
of professional corporations to a  trust, to trusts, to trustees,                                                               
to the  removal of a  trustee, to  the compensation of  a trustee                                                               
and a person  employed by a trustee, to a  trustee's accepting or                                                               
rejecting  a trusteeship,  to co-  trustees,  to a  vacancy in  a                                                               
trusteeship,  to the  resignation of  a trustee,  to delivery  of                                                               
trust  property  by  former trustees,  to  the  reimbursement  of                                                               
trustee  expenses,  to  the  certification of  a  trust,  to  the                                                               
suitability of  a trustee,  to the place  of administration  of a                                                               
trust,  to  a trustee's  power  to  appoint property  to  another                                                               
trust, to  a change  of the  percentage of  trust property  to be                                                               
considered  principal, to  the determination  of the  value of  a                                                               
trust, and  to a settlor's  intent when transferring  property in                                                               
trust;  amending  Rules   54  and  82,  Alaska   Rules  of  Civil                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
3:06:54 PM                                                                                                                    
                                                                                                                                
JANE PIERSON,  Staff to Representative  Jay Ramras,  Alaska State                                                               
Legislature, introduced HB  197 on behalf of  the House Judiciary                                                               
Standing Committee,  sponsor, which is chaired  by Representative                                                               
Ramras.   She  offered  the  definition of  the  term "trust"  as                                                               
follows:                                                                                                                        
                                                                                                                                
      A property interest held by one person as trustee at                                                                      
      the request of another for the benefit of the third                                                                       
     party.                                                                                                                     
                                                                                                                                
MS. PIERSON said a trust involves  three elements:  a trustee who                                                               
holds the  trust property and  is subject to equitable  duties to                                                               
deal with [the  trust] for the benefit of  another; a beneficiary                                                               
to whom all trustees owe equitable  duties to deal with the trust                                                               
property for their benefit; and a  trust property that is held in                                                               
trust for the beneficiary.                                                                                                      
                                                                                                                                
MS. PIERSON  stated that  the goal  of HB 197  is to  ensure that                                                               
Alaska is one  of "the premier places for trusts  in the [United]                                                               
States."    She emphasized  the  importance  of Alaska's  staying                                                               
competitive with  other states that  do not have  personal income                                                               
tax.  She  said a trust industry is important  to Alaska, because                                                               
it  provides  employment  for accountants,  attorneys,  insurance                                                               
agents,  bankers, and  their support  staff.   She reported  that                                                               
there is  between $30-70  million on  deposit with  Alaskan banks                                                               
through  the  Alaska Trust  Company  (ATC)  alone.   Alaska  also                                                               
receives   over  $2   million  in   annual  revenue   in  trusts.                                                               
Furthermore, there  are over 1,000 out-of-state  clients who have                                                               
sought to  hold a  trust in  Alaska because  of its  unique trust                                                               
laws.    She  relayed  that   Alaska  has  passed  15  pieces  of                                                               
legislation  since   1997  to  keep  the   industry  vibrant  and                                                               
competitive.                                                                                                                    
                                                                                                                                
MS. PIERSON  paraphrased the sponsor  statement [included  in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     HB197 bill provides for the following:                                                                                     
                                                                                                                                
     1.   That shares  in a professional corporation  may be                                                                    
     held by  the trustees  of the  professional's revocable                                                                    
     trust.                                                                                                                     
                                                                                                                                
     2.   Expands  the  coverage   of  AS  13.36.157,  which                                                                    
     allows the trustee of a  trust to transfer trust assets                                                                    
     to a similar trust.   This expansion will only occur if                                                                    
     the trust has an Alaskan  trustee and the trust has its                                                                    
     primary administration in Alaska.                                                                                          
                                                                                                                                
     3.   Allows the  Alaska trustee  of a  charitable trust                                                                    
     to  change the  percentage of  the value  of the  trust                                                                    
     that  will be  considered income  whenever the  trustee                                                                    
     determines  that the  new percentage  is necessary  and                                                                    
     prudent.                                                                                                                   
                                                                                                                                
     4.   Clarifies  that a  settlor's express  intention to                                                                    
     protect  trust  assets   from  beneficiary's  potential                                                                    
     future  creditors  is  not evidence  of  an  intent  to                                                                    
     defraud.                                                                                                                   
                                                                                                                                
     5.   States  needed  provisions relating  to  trustees:                                                                    
     compensation, accepting  or declining  trusteeship, co-                                                                    
     trustees,  vacancy, resignation,  removal, delivery  of                                                                    
     property by former trustee, reimbursement of expenses,                                                                     
     and certification of trust.                                                                                                
                                                                                                                                
MS.  PIERSON  noted  that  [the   fourth  point  in  the  sponsor                                                               
statement] is probably the biggest policy question in the bill.                                                                 
                                                                                                                                
3:10:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS,  as chair of the  House Judiciary Standing                                                               
Committee, sponsor of HB 197,  noted that his friend, Bob Gillam,                                                               
who  has  more   money  under  management  than   all  the  other                                                               
commercial  banks in  the state  combined,  talks about  Alaska's                                                               
unique geography  in relation  to the  Pacific markets  and other                                                               
U.S.  markets, and  characterizes Alaska  as an  "under-optimized                                                               
market  place" due  to its  geography in  relation to  the global                                                               
capital  markets.   Representative Ramras  stated that  Alaska is                                                               
desperate  for  more  capital,   because  capital  creates  jobs,                                                               
improves the  state's banking, and enhances  the state's economy.                                                               
He said  only a  fraction of  the money  in the  Alaska permanent                                                               
fund "resides"  in Alaska.   The  proposed legislation,  he said,                                                               
will help  aggregate capital to  the banking system.   He stated,                                                               
"It's a good bill, because it  keeps Alaska in a very elite class                                                               
competitively [with] just several other states."                                                                                
                                                                                                                                
3:12:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  directed attention to the  third point in                                                               
the  sponsor's statement  [text provided  previously] and  asked,                                                               
"Does  that mean  they have  flexibility  about what  part of  it                                                               
remains in the trust and what part can be spent?"                                                                               
                                                                                                                                
MS. PIERSON deferred to experts waiting to testify.                                                                             
                                                                                                                                
3:13:34 PM                                                                                                                    
                                                                                                                                
MS.  PIERSON, in  response  to  Representative Neuman,  clarified                                                               
that the  fourth point  in the  sponsor statement  [text provided                                                               
previously] refers to future creditors, not current creditors.                                                                  
                                                                                                                                
3:14:47 PM                                                                                                                    
                                                                                                                                
DAVID  G.   SHAFTEL,  Attorney  at  Law,   Shaftel  Law  Offices,                                                               
testified in  support of HB 197.   He told the  committee that he                                                               
is one  of a  group of  attorneys who,  since 1996,  has provided                                                               
suggestions to  the legislature for  statutes that  would improve                                                               
state  and trust  administration.   In that  time, he  noted, the                                                               
legislature  has passed  15 statutes  that have  greatly improved                                                               
"the  situation  here  in  Alaska."    He  stated,  "It's  really                                                               
improved our position  both for residents of Alaska  and also for                                                               
nonresidents who desire to use  Alaska approaches in their estate                                                               
planning."                                                                                                                      
                                                                                                                                
MR.  SHAFTEL  stated  that  HB  197  is  an  excellent  piece  of                                                               
legislation.   The bill proposes  a number of  default provisions                                                               
for trustees  that have  heretofore not existed  in statute.   He                                                               
noted that  the provisions  are often covered  in a  well written                                                               
trust   document;  however,   the  bill   would  ensure   certain                                                               
provisions  are covered  when not  contained in  trust documents.                                                               
He offered to answer questions from the committee.                                                                              
                                                                                                                                
3:18:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LeDOUX  referred  to   Section  14  of  the  bill                                                               
[beginning on  page 12, line  6, through  page 13, line  19], and                                                               
stated that  she is trying  to figure out  what the law  is today                                                               
with  respect to  "fraudulent transfers  [by  way of]  vis a  vis                                                               
trust agreements," and what changes will be made through HB 197.                                                                
                                                                                                                                
MR.  SHAFTEL  explained  that  Section  14  does  not  deal  with                                                               
fraudulent  transfers.     He  stated  that  if   a  transfer  is                                                               
fraudulent,  through a  trust or  another vehicle,  that transfer                                                               
will be set  aside.  He said [Section 14]  is designed to address                                                               
"asset  protection planning,"  which  is not  fraudulent, but  is                                                               
done  well  in  advance  of   anyone's  experiencing  a  creditor                                                               
problem.   Mr. Shaftel relayed  that Alaska has taken  a positive                                                               
stance  towards  providing  guidance in  statutes  which  support                                                               
asset protection planning.  He continued:                                                                                       
                                                                                                                                
     The problem that this particular  phrase is intended to                                                                    
     address is  where arguments have  been made  in several                                                                    
     cases where  they say, "Well,  if we find  any evidence                                                                    
     at  all  in  the  attorneys' records  or  the  clients'                                                                    
     records  that indicate  that they  wanted  to do  asset                                                                    
     protection  planning,  then  that  planning  should  be                                                                    
     considered inappropriate and not effective."                                                                               
                                                                                                                                
     Now, that's never  been the law, but  ... that argument                                                                    
     has been  addressed in a couple  of cases.  We  had one                                                                    
     case where  it was an  unpublished opinion by  the [9th                                                                    
     Circuit Court  of Appeals] that  seemed to ...  pick up                                                                    
     and  follow that  kind of  reasoning,  even though  the                                                                    
     facts  were horrible  in that  case and  they justified                                                                    
     finding  that  it was  a  fraudulent  transfer and  set                                                                    
     aside (indisc. -- noise interference).                                                                                     
                                                                                                                                
MR. SHAFTEL said when his clients  seek him out to discuss estate                                                               
planning,  they  almost  always  also talk  to  him  about  asset                                                               
protection planning.   He offered  examples.  He  concluded, "All                                                               
this  particular provision  does is  to  make it  clear that  the                                                               
state of Alaska does not  think that asset protection planning in                                                               
itself ... is not inappropriate."                                                                                               
                                                                                                                                
3:22:19 PM                                                                                                                    
                                                                                                                                
Mr. Shaftel, in response to a request for further clarification,                                                                
offered an example as follows:                                                                                                  
                                                                                                                                
     You come into my office, and you say:                                                                                      
                                                                                                                                
     "Dave, I  want you to set  up some trusts for  my kids,                                                                    
     and here's  why:  I  want to  put some assets  in there                                                                    
     and I  want to make  sure that  those assets get  to my                                                                    
     kids, and  that if  I have  a bad  situation in  my law                                                                    
     practice   down  the   line,   and  I   get  sued   for                                                                    
     malpractice,  that  my   creditors  can't  reach  these                                                                    
     assets  that I've  put in  there now  for my  kids.   I                                                                    
     don't have any problems right  now, Dave - there are no                                                                    
     judgments  against  me,  nobody has  filed  any  claims                                                                    
     against  me, [and]  as far  as I  know I've  never done                                                                    
     anything  wrong that  would result  in that  kind of  a                                                                    
     judgment  - but  I want  to make  sure that  that's the                                                                    
     case."                                                                                                                     
                                                                                                                                
     So, I write down in  my file that Representative LeDoux                                                                    
     has come in  for estate planning and  that we've talked                                                                    
     about  asset protection  planning,  we've talked  about                                                                    
     providing money  in trust so  that her children  can go                                                                    
     to college - and I have those notes in my file.                                                                            
                                                                                                                                
     Now, ...  10 years from  now you  get sued -  ... maybe                                                                    
     it's out of  your law practice [or]  maybe it's because                                                                    
     you were negligent in driving  your car - and there's a                                                                    
     big judgment against  you.  And that  creditor says, "I                                                                    
     want  to get  at  those children's  trust;  I want  the                                                                    
     money  in  there."   And  there's  discovery, and  that                                                                    
     creditor gets a  hold of my notes, and  it says, "Look,                                                                    
     right there, ten years  ago, Representative LeDoux said                                                                    
     to  Dave  Shaftel that  she  wanted  to do  some  asset                                                                    
     protection planning.   That I  argue to you,  judge, is                                                                    
     an intent to defraud."                                                                                                     
                                                                                                                                
     Now, stopping  right there:   that's not  a law  that I                                                                    
     know of anywhere,  except it has been argued,  and as I                                                                    
     say it did  appear in one circuit court case.   And so,                                                                    
     Alaska being  a state  which has  taken a  positive and                                                                    
     strong  position  towards   allowing  asset  protection                                                                    
     planning, this  would help in  our statutes to  make it                                                                    
     clear.   It's not a fraudulent  transfer situation, but                                                                    
     the fact  that the settlor -  and that's Representative                                                                    
     LeDoux in  my example -  had an expressed  intention to                                                                    
     protect  trust assets  from potential  future creditors                                                                    
     is not evidence of an intent to defraud.                                                                                   
                                                                                                                                
3:25:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LeDOUX, regarding  Mr.  Shaftel's example,  asked                                                               
how it  would be possible for  a creditor to have  access to that                                                               
file.                                                                                                                           
                                                                                                                                
MR. SHAFTEL  answered, "If you  were forced into  bankruptcy, the                                                               
bankruptcy steps  into your shoes,  and in those  situations they                                                               
make the argument that the privilege doesn't apply."                                                                            
                                                                                                                                
3:26:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO said, "Suppose  you have a traffic accident,                                                               
which has  nothing to do  with your assets, after  you've already                                                               
given them away.  ...  That person who's suffered harm, according                                                               
to  this,  would  not  be  able  to  come  back  and  attach  the                                                               
grandchildren's trust fund.  Am I correct?"                                                                                     
                                                                                                                                
MR.  SHAFTEL  noted   that  every  state  has   what's  called  a                                                               
"fraudulent transfer statute."   He said there  always exists the                                                               
issue  of who  is a  future creditor  and how  far down  the line                                                               
future creditors have some type of rights.  He continued:                                                                       
                                                                                                                                
     And  if they're  anticipatable, near-future  creditors,                                                                    
     then ... some case law  allows them to have those types                                                                    
     of  rights.    And   in  Alaska,  there's  a  four-year                                                                    
     limitations period that relates to future creditors.                                                                       
                                                                                                                                
     ... Normally, what we're talking  about - and I want to                                                                    
     make sure  I'm addressing  exactly your question  ... -                                                                    
     in  a traffic  accident, it's  not anticipatable.   And                                                                    
     you're right,  there should not be,  in that situation,                                                                    
     a successful  argument on the  part of a  creditor that                                                                    
     they could get at those assets.   And if I included the                                                                    
     traffic accident in my example,  that is not as good an                                                                    
     example  as the  malpractice  situation  or a  business                                                                    
     situation   where   future   creditors   are   somewhat                                                                    
     anticipatable,  and that's  where the  courts sometimes                                                                    
     have moved.                                                                                                                
                                                                                                                                
REPRESENTATIVE  LeDOUX  described  a  hypothetical  situation  in                                                               
which, at  the time  a transfer  is made, a  man did  not realize                                                               
that  he had  a child  and subsequently  he was  required to  pay                                                               
child support.                                                                                                                  
                                                                                                                                
MR. SHAFTEL  replied that  it would  depend on  the facts  of the                                                               
situation.   He  said the  question to  ask is  whether or  not a                                                               
person has  made an attempt to  evade creditors.  He  stated that                                                               
regardless of whether  HB 197 passes or not, it  may be that that                                                               
child in the example "could not reach those assets."                                                                            
                                                                                                                                
3:29:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LeDOUX said she has a problem with that.                                                                         
                                                                                                                                
REPRESENTATIVE   GARDNER  shared   her  understanding   that  the                                                               
provision [proposed  in Section  14] addresses  the determination                                                               
that the  setting up  of a  trust is  not fraudulent;  it doesn't                                                               
address whether or not the trust can be overturned.                                                                             
                                                                                                                                
Mr. Shaftel responded that Ms.  Gardner's statement is absolutely                                                               
correct.  He continued:                                                                                                         
                                                                                                                                
     If there are  facts that show that it  was a fraudulent                                                                    
     transfer, then  under our fraudulent  transfer statute,                                                                    
     that  transfer can  be attacked  - if  there are  other                                                                    
     facts.  All  we're talking about here is  the mere fact                                                                    
     that asset  protection was discussed  at the  time that                                                                    
     the transfer  occurred.  That  mere fact is  not enough                                                                    
     in  itself   to  establish   that  it's   a  fraudulent                                                                    
     transfer.                                                                                                                  
                                                                                                                                
3:31:22 PM                                                                                                                    
                                                                                                                                
STEVE  GREER said  he is  one of  the practitioners  to whom  Mr.                                                               
Shaftel  referred  who  has contributed  suggestions  toward  the                                                               
proposed legislature.   He mentioned  Beth Chapman, whom  he said                                                               
is "primarily responsible  for this bill."  He  offered to answer                                                               
questions  from  the committee.    He  remarked that  "this"  has                                                               
undergone  much  discussion  over  the past  6-7  months  by  the                                                               
aforementioned  group.   He  described HB  197  as good,  default                                                               
legislation  that articulates  and puts  into statutory  form the                                                               
law as "most of us have understood it to be."                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN  noted that  Section 5 addresses  the issue                                                               
of  compensation,  and he  asked  Mr.  Greer  to expound  on  the                                                               
subject.                                                                                                                        
                                                                                                                                
MR. GREER replied  that it has been his practice  to state that a                                                               
trustee is  entitled to  reasonable compensation  and not  to get                                                               
into  definite language  as to  what is  reasonable.   He related                                                               
that  trusts often  are drafted  30 or  more years  before coming                                                               
into fruition; therefore,  it is difficult to  specify what might                                                               
be reasonable  that far in  the future  under today's terms.   He                                                               
stated  that  a  person  who performs  services  is  entitled  to                                                               
reasonable  compensation, and  the best  way to  discern what  is                                                               
reasonable is to ask what banks  charge for similar services.  He                                                               
said the court system has a standard.  He continued:                                                                            
                                                                                                                                
     We  know  if we  go  down  to  the probate  court,  the                                                                    
     probate  court will  say, "Does  this trustee  have any                                                                    
     special expertise?"   If so,  there's a  certain hourly                                                                    
     rate that they  allow.  If they don't  have any special                                                                    
     expertise, then  there's another hourly rate  that they                                                                    
     will allow.                                                                                                                
                                                                                                                                
3:34:46 PM                                                                                                                    
                                                                                                                                
RICHARD THWAITES  (ph), Alaska Trust  Company, indicated  that he                                                               
was  involved in  the beginning  stages  of forming  HB 197,  and                                                               
subsequently became  involved in  the Alaska  Trust Company.   He                                                               
stated  that during  his early  years in  the trust  business, he                                                               
would  see trusts  people drafted  themselves,  which were  fully                                                               
legal  documents,  but which  simply  directed,  for example,  to                                                               
"'leave   everything  in   trust'  -   period."     The  proposed                                                               
legislation, he  said, "kind of  goes to that issue."   Regarding                                                               
compensation, Mr. Thwaites stated:                                                                                              
                                                                                                                                
     What I had to do in one  of the those cases early on in                                                                    
     my career was  go to court, because  the superior court                                                                    
     probate  division  retains  jurisdiction  over  trusts.                                                                    
     And we  literally had to  go through and create  all of                                                                    
     these sorts  of things for  that trust.   Currently the                                                                    
     court  still   ...  retains  that  jurisdiction   if  a                                                                    
     beneficiary chooses to  challenge the reasonableness of                                                                    
     the fees;  even though  the fees are  set forth  in the                                                                    
     schedule,  those fees  can be  challenged at  the level                                                                    
     and  the court  will render  a decision  as to  whether                                                                    
     they were reasonable or not.                                                                                               
                                                                                                                                
     Sometimes, in  one or two  cases, the fees  actually go                                                                    
     up  because   of  an  extraordinarily   aggressive  and                                                                    
     involved  beneficiary  increasing   the  costs  of  the                                                                    
     administration of  the trust.  That's  pretty rare, but                                                                    
     it still could happen.                                                                                                     
                                                                                                                                
3:36:19 PM                                                                                                                    
                                                                                                                                
DOUGLAS J.  BLATTMACHR, President and CEO,  Alaska Trust Company,                                                               
testified  in support  of  HB  197.   He  said  the Alaska  Trust                                                               
Company has  been working with  the [Alaska] Bar  Association for                                                               
years in an effort to  strengthen Alaska's laws regarding trusts.                                                               
He offered to be available for questions from the committee.                                                                    
                                                                                                                                
3:36:59 PM                                                                                                                    
                                                                                                                                
BETH  CHAPMAN,  Attorney at  Law,  confirmed  that she  has  been                                                               
working  on HB  197 for  the  past year  and a  half.   Regarding                                                               
Representative   Gardner's  question  related  to the  charitable                                                               
trust, Section 12,  she explained that a few years  ago there was                                                               
a change  in the law as  to how trusts and  particular charitable                                                               
trusts  were invested.   Under  the prior  law, she  explained, a                                                               
person would  invest for  "income only," which  is what  would be                                                               
given  to the  charities; however,  that limited  the ability  to                                                               
"grow the  fund."  She  said [Section 12] would  allow charitable                                                               
trustees  to distribute  a percentage  of the  trust every  year,                                                               
rather  than  just  distributing  income,  which  generates  more                                                               
revenue to the  charities while preserving the fund  for the long                                                               
term.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GATTO  remarked that it  makes him nervous  not to                                                               
have  heard any  opposition to  the bill,  especially considering                                                               
the  dramatic language  changes,  for example,  the proposed  new                                                               
language  [underlined  and bold]  on  page  12, [in  Section  14,                                                               
subsection (b), paragraph (1)], which read as follows:                                                                          
                                                                                                                                
     *Sec. 14. AS 34.40.110(b) is amended to read:                                                                            
               (b) If a trust contains a transfer                                                                               
     restriction  allowed under  (a)  of  this section,  the                                                                    
     transfer restriction prevents  a creditor existing when                                                                    
     the  trust  is created  or  a  person who  subsequently                                                                    
     becomes a creditor  from satisfying a claim  out of the                                                                    
     beneficiary's  interest   in  the  trust,   unless  the                                                                    
     creditor is a creditor of the settlor and                                                                                  
                    (1) the settlor's transfer of property                                                                      
     in  trust was  made  with the  intent  to defraud  that                                                                    
     creditor, and  a cause  of action  or claim  for relief                                                                    
     with respect  to the fraudulent transfer  complies with                                                                    
     the  requirements of  (d) of  this section;  however, a                                                                
     settlor's expressed  intention to protect  trust assets                                                                
     from a beneficiary's potential  future creditors is not                                                                
     evidence of an intent to defraud;                                                                                      
                                                                                                                                
MS. CHAPMAN explained that asset protection has been practiced                                                                  
for many years.  She offered examples of various types of asset                                                                 
protection.  She continued:                                                                                                     
                                                                                                                                
     Last year  the 9th  Circuit Court  of Appeals  came out                                                                    
     with a  decision ... in  which they ...  indicated that                                                                    
     if,  in  the  attorney's  file, there  was  an  express                                                                    
     intent that there would be  asset protection, that that                                                                    
     ... could in fact be an intent to defraud a creditor.                                                                      
                                                                                                                                
     Under  the laws  that exist  now, you  can't intend  to                                                                    
     defraud  a  creditor  if  you   don't  know  about  the                                                                    
     creditor.   And when we  do asset protection,  it's not                                                                    
     done to ... avoid current  creditors.  In fact, none of                                                                    
     us would  do that, and  in most cases,  affidavits have                                                                    
     to  be signed  that, in  fact, there  [are] no  current                                                                    
     creditors  and  that  people   have  enough  assets  to                                                                    
     continue to pay their bills and liabilities.                                                                               
                                                                                                                                
     The decision  from the 9th  Circuit [Court  of Appeals]                                                                    
     was really -  as always - bad facts.   Somebody had set                                                                    
     up a trust,  transferred all of their assets  into it -                                                                    
     corporations  that  were  shells -  knowing  that  they                                                                    
     were,  in fact,  trying to  avoid potential  creditors.                                                                    
     This language  is designed to override  that dictate in                                                                    
     the 9th  Circuit Court of  Appeals' decision,  and that                                                                    
     is its primary  purpose - not to change  the law, which                                                                    
     has always  been the same,  which is ... that  if there                                                                    
     is a fraudulent conveyance, it will be ... set aside.                                                                      
                                                                                                                                
REPRESENTATIVE GATTO  offered a  hypothetical example in  which a                                                               
person, having  not yet  been indicted, but  knowing he  will be,                                                               
transfers  his assets  "to  everybody and  his  uncle" to  "avoid                                                               
having them attached."  He asked  if the language in the proposed                                                               
legislation would allow such action.                                                                                            
                                                                                                                                
MS. CHAPMAN replied no.  She continued:                                                                                         
                                                                                                                                
     If you had ... creditors  you knew or [who] were likely                                                                    
     to appear,  under our state  laws that would  not allow                                                                    
     you to  avoid those creditors.   There is a  statute of                                                                    
     limitation; there's a  period of time in  which, ... if                                                                    
     somebody  comes up  after  you've set  up  a trust  and                                                                    
     tries to  undo it, they  would still have  that option,                                                                    
     and  the   facts  and  circumstances  would   still  be                                                                    
     considered by the court.                                                                                                   
                                                                                                                                
REPRESENTATIVE LeDOUX  asked, "So,  how would  this apply  to the                                                               
... federal RICO [Racketeer  Influenced and Corrupt Organizations                                                               
Act] laws?"                                                                                                                     
                                                                                                                                
MS. CHAPMAN  replied that this  [bill] would not have  any effect                                                               
on [federal laws].  She  reiterated that asset protection, in and                                                               
of itself, will  not be considered an intent to  defraud, but all                                                               
other facts and circumstances would be considered by the court.                                                                 
                                                                                                                                
3:43:07 PM                                                                                                                    
                                                                                                                                
MS.  CHAPMAN,  in  response to  a  question  from  Representative                                                               
Neuman, clarified that  Section 12 addresses the  amount of money                                                               
that would  be paid to  charities, while Section 5  addresses the                                                               
compensation schedule.   She said,  "In that provision,  it's not                                                               
what the  trustee says  is reasonable; it's  what the  person who                                                               
established the trusts said."  She continued:                                                                                   
                                                                                                                                
     For  example, I  have  clients who  ...  - maybe  their                                                                    
     niece or  nephew's going to  be the trustee -  and they                                                                    
     want to pay $1,000 a month.   If the ... parent who set                                                                    
     up the trust says $1,000 a  month is what they think is                                                                    
     reasonable, then that's going to be deemed reasonable.                                                                     
                                                                                                                                
MS.  CHAPMAN,  in  response  to  a  follow-up  question,  further                                                               
addressed Section  12.  She  said under current law,  many trusts                                                               
have been  written to pay  out only  income such as  dividends or                                                               
interest earned  on a bank  account.  Charities don't  like that,                                                               
she  said,  because  they  don't  get very  much  money.    Thus,                                                               
trustees are trying to balance  long-term preservation of a trust                                                               
fund for the  benefit of charities, and yet  generate revenues to                                                               
pay out to those charities every year.  She stated:                                                                             
                                                                                                                                
     This gives  the trustees  the flexibility to  move from                                                                    
     an income  standard to a  percentage standard,  so that                                                                    
     they could pay  out, for example, an  average amount of                                                                    
     5 percent of  the value of the trust every  year to the                                                                    
     charities.  Trustees will look  at:  Is that percentage                                                                    
     going to  be enough  to benefit  the charities,  but at                                                                    
     the same  time ensure that  we're growing the  fund for                                                                    
     the future?                                                                                                                
                                                                                                                                
REPRESENTATIVE  NEUMAN said  that sounds  like a  good idea.   He                                                               
asked  when  the  original  language   became  law  and  who  was                                                               
responsible for the law.                                                                                                        
                                                                                                                                
MS.  CHAPMAN offered  her understanding  that Section  12 is  the                                                               
result of the  Uniform Principle and Income Act of  2003, and Mr.                                                               
Shaftel was principally involved.  She said:                                                                                    
                                                                                                                                
     This came  to my  attention when  I was  representing a                                                                    
     charitable trust that needed  to make a change, because                                                                    
     the  charities  were  asking  for  more  funds  and  we                                                                    
     realized we had this  10-year limitation.  I researched                                                                    
     all state laws,  and we have no idea why  it was there,                                                                    
     and the legislative history doesn't tell us.                                                                               
                                                                                                                                
MS. CHAPMAN,  in response to  a follow-up question,  related that                                                               
the bulk of HB 197 is new.   The purpose, she reviewed, is to put                                                               
default  provisions in  law  for those  who  have trusts  written                                                               
without those provisions.                                                                                                       
                                                                                                                                
3:47:52 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON, upon  ascertaining that  there was  no one  else to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
REPRESENTATIVE  NEUMAN opined  that  HB 197  is good  legislation                                                               
that allows everyone to play by the same rules.                                                                                 
                                                                                                                                
REPRESENTATIVE GATTO  restated his  unease regarding  there being                                                               
no  testimony from  "some  other person  besides  the people  who                                                               
essentially benefit from the bill."                                                                                             
                                                                                                                                
REPRESENTATIVE  RAMRAS,  in  response to  Representative  Gatto's                                                               
concern, offered his understanding  that the aforementioned group                                                               
of attorneys  came together to  work on this legislation  so that                                                               
Alaska would  be a better  place in which  to leave capital.   He                                                               
expressed  the  desire  for  the  state  to  have  a  competitive                                                               
environment rather than  having Alaskans set up  trusts under the                                                               
laws of  other states.  He  concluded, "I really think  that this                                                               
is a  document that clarifies  and makes kosher  the relationship                                                               
between the trustee  and the beneficiary, and that  in this case,                                                               
... this collection  of trust attorneys are looking  out for both                                                               
ends  of  the  transaction  and  trying  to  keep  a  very  clean                                                               
relationship between both of those parties."                                                                                    
                                                                                                                                
3:52:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LeDOUX  echoed  Representative  Gatto's  concern.                                                               
She said she  would like to hear from  the "creditors' bankruptcy                                                               
bar" as well as the  attorneys involved in the aforementioned 9th                                                               
Circuit  Court   of  Appeals'  case,  although   she  stated  her                                                               
suspicion  that  "they  probably  aren't even  aware  that  we're                                                               
hearing this bill."                                                                                                             
                                                                                                                                
3:53:55 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  said HB 197 has  been out since March  14, 2007, and                                                               
he offered  his understanding that  there has been  no opposition                                                               
voiced  to  his office.    He  stated  his supposition  that  the                                                               
aforementioned bar would  be following "any bill  related to this                                                               
type of activity."                                                                                                              
                                                                                                                                
REPRESENTATIVE  LeDOUX opined  that  Chair Olson's  makes a  "big                                                               
assumption."   She  pointed out  that  the 9th  Circuit Court  of                                                               
Appeals  attorneys  in  question  may  not  even  be  in  Alaska.                                                               
Furthermore,  anyone  who  does  not have  a  lobbyist  following                                                               
his/her  interests  most  likely  is not  tracking  a  bill,  she                                                               
stated.                                                                                                                         
                                                                                                                                
MS.  CHAPMAN  responded to  the  committee  members' concerns  as                                                               
follows:                                                                                                                        
                                                                                                                                
     First of all,  I want to point out that  my law firm is                                                                    
     a  full-service  law  firm,   and  we  represent  major                                                                    
     corporations, as  well as individuals.   And I practice                                                                    
     primarily in the trust and estates area.                                                                                   
                                                                                                                                
     On the asset  protection area, I think  the reason that                                                                    
     there is not  any objection to it is  because we're not                                                                    
     doing  anything that's  not  already  in existing  law;                                                                    
     it's just  clarifying what it  means to have  an intent                                                                    
     to defraud.  If there  is a fraudulent conveyance, that                                                                    
     can be  brought forward, and  there is nothing  in this                                                                    
     bill  that would  prevent  somebody  from bringing  the                                                                    
     same  [arguments] that  they  would  have brought  from                                                                    
     before.   Instead, it's addressing  the ...  term asset                                                                    
     protection  in and  of  itself, which  is  used by  ...                                                                    
     everybody:    lawyers, ...  professional  corporations,                                                                    
     ...   limited  liability   companies  -   that's  asset                                                                    
     protection.  So, it's really not changing that at all.                                                                     
                                                                                                                                
     ... The reason, again, I  think there's no objection is                                                                    
     because  there's not  anything in  here that  is saying                                                                    
     that  a creditor  does not  have the  rights that  they                                                                    
     currently   have  under   state   law;   it's  just   a                                                                    
     clarification.                                                                                                             
                                                                                                                                
     The 9th  Circuit Court  of Appeals  decision is  out of                                                                    
     the  state  of Washington,  not  out  of the  state  of                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
MS. CHAPMAN said she represents  beneficiaries and families; very                                                               
rarely does  she represent  a corporate trustee.   She  said, "We                                                               
have used these  laws to save our clients  [a] significant amount                                                               
of attorneys' fees."   Before the existence of  laws that allowed                                                               
default  provisions or  modified  trusts,  she said,  significant                                                               
amounts of money were spent going to court.  She continued:                                                                     
                                                                                                                                
     Now,  we're able  to use  these laws  to help  families                                                                    
     take care of their children.   I work a lot in the area                                                                    
     of   disability  trusts,   and  we   have  used   these                                                                    
     provisions  to  really   help  beneficiaries  and  help                                                                    
     families, and ... in fact,  in my practice, I would say                                                                    
     I'm in  court a  lot less  than I used  to be,  and I'm                                                                    
     very  thankful for  that, because  I think  it benefits                                                                    
     Alaskans  and allows  families to  take  care of  their                                                                    
     children and loved ones.                                                                                                   
                                                                                                                                
3:57:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved to  report HB  197 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HB 197 was reported from House                                                               
Labor and Commerce Standing Committee.                                                                                          
                                                                                                                                
The committee took an at-ease from 3:58 p.m. to 4:00 p.m.                                                                       
                                                                                                                                
HCR  8-RCA TASK FORCE                                                                                                         
                                                                                                                                
4:00:12 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
HOUSE CONCURRENT RESOLUTION  NO. 8, Establishing a  task force to                                                               
make  recommendations  regarding   job  descriptions  and  salary                                                               
changes  for   the  commissioners   and  support  staff   of  the                                                               
Regulatory Commission of Alaska.                                                                                                
                                                                                                                                
4:00:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN moved  to adopt  the committee  substitute                                                               
(CS)  for  HCR 8,  Version  25-LS0859\M,  Kane, 4/20/07,  as  the                                                               
working  document.   There  being  no  objection, Version  M  was                                                               
before the committee.                                                                                                           
                                                                                                                                
CHAIR OLSON presented  Version M as chair of the  House Labor and                                                               
Commerce Standing Committee, sponsor of  HCR 8.  He reported that                                                               
on  February  22,  2007,  the  Regulatory  Commission  of  Alaska                                                               
transmitted to the  governor a number of proposed  changes to its                                                               
statutes.    The  proposal  suggested   that  the  governor  seek                                                               
legislative  determination for  the appropriate  salaries of  the                                                               
commissioners.  Version M, he  noted, proposes that a legislative                                                               
task force  be set up  to work during  the interim to  review the                                                               
salaries  of  the  commissioners,  as well  as  recommending  job                                                               
descriptions for  the commissioners and considering  the need for                                                               
additional  staff support  for the  RCA.   The  task force  would                                                               
consist of  nine members:   two majority and one  minority member                                                               
from the  Senate, two majority  and one minority from  the House,                                                               
Governor Sarah Palin  or her designee, Attorney  General Talis J.                                                               
Colberg  or his  designee,  and Commissioner  Emil  Notti or  his                                                               
designee.   The task force  would report back to  the legislature                                                               
in  the beginning  of the  next  session.   The resolution  would                                                               
sunset on May 30, 2008.                                                                                                         
                                                                                                                                
4:02:03 PM                                                                                                                    
                                                                                                                                
CHRISTY  CATLIN,  AT&T  Alascom,  testified  in  support  of  the                                                               
formation of the task force.                                                                                                    
                                                                                                                                
4:02:29 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON,  after ascertaining  that there was  no one  else to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
4:02:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LeDOUX  moved  to  report CSHCR  8,  Version  25-                                                               
LS0859\M,  Kane,  4/20/07,  out   of  committee  with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection,  CSHCR 8(L&C) was  reported out of the  House Labor                                                               
and Commerce Standing Committee.                                                                                                
                                                                                                                                
The committee took an at-ease from 4:03 p.m. to 4:05 p.m.                                                                       
                                                                                                                                
HB 200-WORKERS' COMP: DISEASE PRESUMPTION                                                                                     
                                                                                                                                
4:05:26 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
HOUSE  BILL NO.  200,  "An  Act relating  to  the presumption  of                                                               
coverage for  a workers' compensation  claim for disability  as a                                                               
result of certain diseases for certain occupations."                                                                            
                                                                                                                                
4:05:39 PM                                                                                                                    
                                                                                                                                
KELLY  HUBER, Staff  to  Representative  Nancy Dahlstrom,  Alaska                                                               
State Legislature,  on behalf of Representative  Dahlstrom, prime                                                               
sponsor,  described the  changes made  in the  proposed committee                                                               
substitute (CS), labeled  25-LS0748\C, Bannister/Bailey, 4/30/07,                                                               
[although no motion  had been made to bring Version  C before the                                                               
committee as a working document].   She noted that there had been                                                               
some  confusion as  to whether  or not  HB 200  was a  "mandatory                                                               
bill."    She  explained  that  Legislative  Legal  and  Research                                                               
Services drafted the bill and  did not believe that "the language                                                               
in  it made  this  mandatory."   For  purposes of  clarification,                                                               
language  was added  to Version  C on  page 3,  [subsection (e)],                                                               
which read as follows:                                                                                                          
                                                                                                                                
          (e) The provisions of (c)(2) of this section may                                                                      
     not be  interpreted to require a  municipality or other                                                                    
     employer of  fire fighters covered under  AS 23.30.243,                                                                    
     peace  officers,   or  emergency  medical   and  rescue                                                                    
     personnel,   including   a    municipality   or   other                                                                    
     organization  that   uses  volunteers,  to   provide  a                                                                    
     qualifying medical examination.                                                                                            
                                                                                                                                
MS. HUBER, in response to  a question from Representative Neuman,                                                               
explained  that  if  a  municipality decides  not  to  have,  for                                                               
example,   everyone    in   its   fire   department    take   the                                                               
"prequalifying" exam, then "nobody is going to be covered."                                                                     
                                                                                                                                
REPRESENTATIVE LeDOUX asked, "Doesn't that gut the whole bill?"                                                                 
                                                                                                                                
MS.  HUBER  said  the  original bill  language  shows  that  "the                                                               
department  already  had  to determine  to  give  the  qualifying                                                               
exams."                                                                                                                         
                                                                                                                                
REPRESENTATIVE LeDOUX  offered her understanding that  there is a                                                               
letter  from the  Municipality of  Anchorage  opposing the  bill.                                                               
She asked, "If we  do this, I mean, it sounds  nice, but what are                                                               
we really doing?"                                                                                                               
                                                                                                                                
REPRESENTATIVE  GARDNER asked  if  an  incoming firefighter  told                                                               
that  he/she  must have  an  exam  in  order to  get  presumptive                                                               
coverage could opt to get that exam independently.                                                                              
                                                                                                                                
MS.  HUBER revealed  that she,  too,  had had  the same  thought;                                                               
however, the sponsor  was told by Legislative  Legal and Research                                                               
Services that  that would  not be allowed  under the  language of                                                               
the bill.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   GARDNER   responded   that  she   concurs   with                                                               
Representative LeDoux regarding the  futility of passing the bill                                                               
[as it would be amended through Version C].                                                                                     
                                                                                                                                
MS. HUBER replied,  "... The sponsor wanted to  bring it forward,                                                               
but she likes the original bill, as well."                                                                                      
                                                                                                                                
REPRESENTATIVE  GATTO noted  that the  Anchorage Fire  Department                                                               
has a required annual exam.  He asked if that would count.                                                                      
                                                                                                                                
MS. HUBER  said the qualifying  exam noted  in the bill  would be                                                               
determined by  regulations; therefore, it would  be unknown until                                                               
those regulations were written whether  or not the Anchorage Fire                                                               
Department's exam would qualify.                                                                                                
                                                                                                                                
MS.  HUBER,  in response  to  Representative  LeDoux, pointed  to                                                               
language on  page 3,  line 18,  of Version C,  also found  in the                                                               
original bill version [on the  same page and line numbers], which                                                               
read:     "personnel   who  were   given  a   qualifying  medical                                                               
examination".    She  stated,   "The  idea,  then,  is  therefore                                                               
somebody would  have had to  okay the  exam.  So,  therefore, the                                                               
municipality or  the governing entity  would have had  to approve                                                               
it.    And  so,  that's   how  Legislative  Legal  [and  Research                                                               
Services] is reading this."                                                                                                     
                                                                                                                                
REPRESENTATIVE  LeDOUX  exclaimed,  "Even   in  the  old  version                                                               
nobody's going to be required to do anything."                                                                                  
                                                                                                                                
MS. HUBER answered that's correct.   She indicated that Version C                                                               
simply  clarifies the  bottom line  intent that  the city  or the                                                               
governing entity  or the fire department  would determine whether                                                               
or  not it  wants its  personnel included  under the  presumptive                                                               
clause.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  LeDOUX asked  Ms.  Huber what  the sponsor  would                                                               
think about  "taking that  out," either in  the original  bill or                                                               
Version C.                                                                                                                      
                                                                                                                                
MS. HUBER replied,  "We'd have to make sure we're  leaving in the                                                               
exam part."  She indicated  that with a conceptual amendment, "we                                                               
would let it be the committee's decision at that point."                                                                        
                                                                                                                                
4:12:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  surmised  that the  sponsor  is  offering                                                               
Version C as  a means to achieve uniformity in  the bill, so that                                                               
all departments would be working under the same guidelines.                                                                     
                                                                                                                                
MS. HUBER reiterated that the reason  for Version C is to clarify                                                               
"whether  or not  this  bill  was going  to  be  mandatory."   In                                                               
response  to Representative  Neuman,  she confirmed  there is  no                                                               
difference between  the original bill  and Version C,  other than                                                               
the  added  language  in  Version C,  which  clarifies  what  was                                                               
already in the bill.                                                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN said  he  is getting  mixed  signals.   He                                                               
explained  that   he  cannot  understand  Ms.   Huber's  previous                                                               
statement that the  sponsor prefers the original  bill version to                                                               
Version C if there is essentially no difference between the two.                                                                
                                                                                                                                
MS. HUBER said  the sponsor does not have a  problem with Version                                                               
C; "she  did not want  people to  misunderstand what the  bill is                                                               
doing."   She added,  "But if  Representative LeDoux's  idea goes                                                               
forward, ...  I don't  know that  she would  have a  problem with                                                               
it."                                                                                                                            
                                                                                                                                
REPRESENTATIVE NEUMAN asked, "Don't  all fire departments require                                                               
an exam anyhow?"                                                                                                                
                                                                                                                                
REPRESENTATIVE GATTO recalled that when  he first began work as a                                                               
fire  fighter,  there  was  probably   a  requirement  for  "some                                                               
evidence  of an  exam."    He said  later  on  there were  annual                                                               
medical  examinations,  which included  tests  of  the heart  and                                                               
lungs.   He  shared  his  understanding that  the  bill does  not                                                               
clarify that it must be an approved  exam.  He stated that he has                                                               
had  repeated  difficulties  with the  municipality,  whether  in                                                               
regard to  retirement and  benefits or medical  plans.   He said,                                                               
"And that's why I'm kind of  looking at this language right here;                                                               
I  think we  have  met the  requirements here  by  going to  your                                                               
doctor or the first time the  department gives you an exam, or at                                                               
least pays for the exam."                                                                                                       
                                                                                                                                
CHAIR  OLSON stated  his  belief that  it is  the  intent of  the                                                               
sponsor  that Version  C would  garner more  support as  the bill                                                               
moved forward.                                                                                                                  
                                                                                                                                
MS. HUBER  said she thinks the  bill has a great  deal of support                                                               
already  "for the  presumption ...  for  these particular  rescue                                                               
workers."   She reiterated that  the sponsor did not  want anyone                                                               
to be  misled.   She directed  attention to page  3, line  28, of                                                               
Version C [line  24 of the original bill], which  read:  "(f) The                                                               
department shall, by regulation, define".   On ensuing lines, she                                                               
noted, the  language read,  "the type and  extent of  the medical                                                               
examination that  is needed  to eliminate  evidence".   She asked                                                               
Representative Gatto,  "Do you  think that  the ones  that you're                                                               
talking about will do that in the end?"                                                                                         
                                                                                                                                
REPRESENTATIVE GATTO responded:                                                                                                 
                                                                                                                                
     ... It was very specific  which exams were done and how                                                                    
     they were  done.  And we  followed it as we  followed a                                                                    
     menu.    So,  if  that's  not  in  regulation,  I'd  be                                                                    
     surprised, because  you had  to do  it or  you couldn't                                                                    
     work.   So, it  must have been  in regulation,  but I'm                                                                    
     really trying to second guess that.                                                                                        
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
REPRESENTATIVE  LeDOUX  stated,  "Yes,   he  makes  a  very  good                                                               
argument that could be used in a  court of law, that even if they                                                               
don't give  a specific test,  ... you're still under  the purview                                                               
of  this bill  and ...  the presumption  applies."   However, she                                                               
suggested  that the  committee decide  exactly how  it wants  the                                                               
bill  to read,  rather than  leaving any  ambiguity.   She asked,                                                               
"When  this bill  passed last  year,  did this  have a  voluntary                                                               
component to it?"                                                                                                               
                                                                                                                                
MS. HUBER  offered her understanding  that "the language  was the                                                               
way it  was in the  bill before you  on Friday," other  than some                                                               
unrelated changes.   She added, "But everything  else, I believe,                                                               
is the same as what passed the House last year."                                                                                
                                                                                                                                
REPRESENTATIVE GARDNER confessed to  having become confused.  She                                                               
said she  had understood the  intent of  the bill was  to provide                                                               
coverage for  a list of  presumptive illnesses.  She  added, "And                                                               
if we make  it optional, then we've done nothing  at all, because                                                               
the  biggest fire  fighter employer  has already  said the  world                                                               
will fall in if we do it."                                                                                                      
                                                                                                                                
REPRESENTATIVE NEUMAN cautioned  the committee's making extensive                                                               
changes after looking  at the bill for a limited  amount of time.                                                               
He said he would prefer to support the wishes of the sponsor.                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  said it is  important to remember  that the                                                               
proposed  legislation  really  addresses  workers'  compensation.                                                               
Statistically, he relayed,  fire fighters die at  an earlier age.                                                               
He said, "The concept  is:  we think it's job  related.  And this                                                               
bill says  we don't think  it anymore -  we're just going  to say                                                               
it's  job related.   And  that's  that presumptive  clause."   He                                                               
reiterated  that  he does  not  think  municipalities are  always                                                               
helpful,  and he  stated that  he  thinks the  fire fighters  are                                                               
asking for  helping through HB 200.   He said he  agrees with the                                                               
fire fighters.                                                                                                                  
                                                                                                                                
4:22:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LeDOUX  said she  wants to give  the help  that is                                                               
deserved to fire  fighters, but she is afraid that  either of the                                                               
two  versions of  the bill  "have a  hole so  big that  you could                                                               
drive a fire truck through it."                                                                                                 
                                                                                                                                
MS. HUBER  asked Representative LeDoux  if she would  be amenable                                                               
to the idea of allowing the  original bill out of committee, with                                                               
the promise  of the sponsor  working with  the chair of  the next                                                               
committee   of  referral   to  address   Representative  LeDoux's                                                               
concerns.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LeDOUX said, "Absolutely."                                                                                       
                                                                                                                                
MS.   HUBER  said   she  would   also  be   willing  to   address                                                               
Representative   Gatto's   expressed   concerns   regarding   the                                                               
regulations and how that relates to the testing.                                                                                
                                                                                                                                
REPRESENTATIVE NEUMAN said he thinks  the sponsor offered Version                                                               
C in response  to committee concerns, and he would  like to honor                                                               
her request by proposing Version C.                                                                                             
                                                                                                                                
4:24:21 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after  ascertaining  that  there  was  no  one  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
REPRESENTATIVE  NEUMAN moved  to adopt  the committee  substitute                                                               
(CS) for HB 200,  Version 25-LS0748\C, Bannister/Bailey, 4/30/07,                                                               
as the working document.                                                                                                        
                                                                                                                                
REPRESENTATIVE GARDNER objected.                                                                                                
                                                                                                                                
A roll call vote was  taken.  Representatives Ramras, Neuman, and                                                               
Olson  voted  in favor  of  the  motion  to adopt  the  committee                                                               
substitute    (CS)    for    HB   200,    Version    25-LS0748\C,                                                               
Bannister/Bailey,    4/30/07,    as   the    working    document.                                                               
Representatives  Gatto, LeDoux,  and  Gardner  voted against  it.                                                               
Therefore, the motion failed by a vote of 3-3.                                                                                  
                                                                                                                                
REPRESENTATIVE  GATTO  shared his  vivid  memories  of his  early                                                               
years  with the  fire department,  when he  visited retired  fire                                                               
fighters  who were  surviving with  respirators, living  in cheap                                                               
trailers, trying  to get by  on their retirement income,  and not                                                               
getting much  help.  The desire  was there to help  these retired                                                               
fire fighters,  but it was  not possible, because "we  needed the                                                               
approval of the department to give  away money that we had in our                                                               
retirement account."   He said  it is time  to make up  for those                                                               
days, which is why he supports HB 200.                                                                                          
                                                                                                                                
REPRESENTATIVE GARDNER said  she also supports the  bill, but she                                                               
is troubled  by its ambiguity  regarding the issue of  whether or                                                               
not it  would be mandatory.   She expressed her wish  that by the                                                               
time  the bill  comes to  the House  floor, the  intent is  clear                                                               
regarding  the listed  diseases,  "the  presumption that  they're                                                               
work related," and the intent to provide coverage for them.                                                                     
                                                                                                                                
4:26:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LeDOUX   said  she  agrees   with  Representative                                                               
Gardner, and  she expressed her desire  to see her work  with the                                                               
bill sponsor  to tighten up  the language of  the bill so  that a                                                               
municipality  could  not get  out  of  providing coverage  simply                                                               
because it decides not to give the examination.                                                                                 
                                                                                                                                
REPRESENTATIVE GATTO suggested making the exam mandatory.                                                                       
                                                                                                                                
REPRESENTATIVE LeDOUX responded, "Make  either the exam mandatory                                                               
or, if  they decide not to  give the exam, then  it's their tough                                                               
luck - that they have the option of giving the exam."                                                                           
                                                                                                                                
REPRESENTATIVE GATTO said, "It counts as if they gave it."                                                                      
                                                                                                                                
MS. HUBER  renewed her promise to  work on these issues  with the                                                               
bill sponsor before  the bill's hearing in the  next committee of                                                               
referral.                                                                                                                       
                                                                                                                                
4:27:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO moved  to report  HB 200  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
CHAIR OLSON objected.                                                                                                           
                                                                                                                                
4:29:16 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Gardner,  Gatto,                                                               
Neuman,  and LeDoux  voted  in  favor of  moving  HB  200 out  of                                                               
committee  with  individual   recommendations  and  the  attached                                                               
fiscal notes.   Representatives  Ramras, and Olson  voted against                                                               
it.   Therefore, HB 200 was  reported out of the  House Labor and                                                               
Commerce Standing Committee by a vote of 4-2.                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN  explained  that   he  voted  yes  because                                                               
although   he   had   supported   Version  M   because   of   its                                                               
clarification, he did not want to hold up the bill in committee.                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:32 p.m.                                                                                                                       

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