Legislature(2001 - 2002)

03/27/2002 01:40 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE JUDICIARY COMMITTEE                                                                                 
                         March 27, 2002                                                                                         
                            1:40 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Robin Taylor, Chair                                                                                                     
Senator Dave Donley, Vice Chair                                                                                                 
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 40(FIN)                                                                                                   
"An Act  providing for the revocation  of driving privileges  by a                                                              
court for  a driver convicted  of a violation  of traffic  laws in                                                              
connection with a fatal motor vehicle  or commercial motor vehicle                                                              
accident;   amending  Rules   43   and  43.1,   Alaska  Rules   of                                                              
Administration; and providing for an effective date."                                                                           
     MOVED SCS CSHB 40(JUD) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 157(JUD) am                                                                                               
"An Act  relating to  trust companies  and providers of  fiduciary                                                              
services;  amending  Rules  6  and   12,  Alaska  Rules  of  Civil                                                              
Procedure,  Rule 40,  Alaska Rules  of  Criminal Procedure,  Rules                                                              
204, 403, 502, 602, and 611, Alaska  Rules of Appellate Procedure,                                                              
and Rules 7.2  and 7.3, Alaska Rules of Professional  Conduct; and                                                              
providing for an effective date."                                                                                               
     MOVED SCS CSHB 157(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
SENATE BILL NO. 263                                                                                                             
"An Act relating to the subsequent  acquisition of title to, or an                                                              
interest in,  real property by a  person to whom the  property has                                                              
purportedly been granted  in fee or fee simple;  and providing for                                                              
an effective date."                                                                                                             
     MOVED CSSB 263(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 204                                                                                                             
"An Act relating to wildfires and other natural disasters."                                                                     
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 313                                                                                                             
"An Act repealing a provision relating to legislative approval of                                                               
construction projects of the Alaska Aerospace Development                                                                       
Corporation."                                                                                                                   
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
HB 40 - See Judiciary minutes dated 2/20/02.                                                                                    
HB 157 - See Labor and Commerce minutes dated 1/29/02.                                                                          
SB 263 - See Labor and Commerce minutes dated 2/12/02 and                                                                       
Judiciary minutes dated 3/4/02.                                                                                                 
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Ms. Anne Carpeneti                                                                                                              
Assistant Attorney General                                                                                                      
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Testified on HB 40.                                                                                      
                                                                                                                                
Ms. Kim Ross                                                                                                                    
Staff to Senator John Cowdery                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Read testimony from Mr. Alan Christopherson                                                              
on HB 40 into the record.                                                                                                       
                                                                                                                                
Mr. Chuck Hosack                                                                                                                
Deputy Director                                                                                                                 
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
POSITION STATEMENT:  Testified on HB 40.                                                                                      
                                                                                                                                
Ms. Mary Chrisopherson                                                                                                          
No address given                                                                                                                
POSITION STATEMENT:  Testified on HB 40.                                                                                      
                                                                                                                                
Ms. Robin Phillips                                                                                                              
Staff to Representative Lisa Murkowski                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced HB 157.                                                                                       
                                                                                                                                
Mr. Terry Lutz                                                                                                                  
Chief Financial Institution Examiner                                                                                            
Division of Banking, Securities & Corporations                                                                                  
Department of Community & Economic Development                                                                                  
P.O. Box 110807                                                                                                                 
Juneau, AK 99811-0807                                                                                                           
POSITION STATEMENT:  Testified on HB 157.                                                                                     
                                                                                                                                
Mr. Terry Elder                                                                                                                 
Director                                                                                                                        
Division of Banking, Securities & Corporations                                                                                  
Department of Community & Economic Development                                                                                  
P.O. Box 110807                                                                                                                 
Juneau, AK 99811-0807                                                                                                           
POSITION STATEMENT:  Testified on HB 157.                                                                                     
                                                                                                                                
Mr. Joe Newhouse                                                                                                                
Newhouse & Vogler, CPAs                                                                                                         
237 E. Fireweed Lane                                                                                                            
Anchorage, AK 99503                                                                                                             
POSITION STATEMENT:  Testified on HB 157.                                                                                     
                                                                                                                                
Mr. Dave Shaftel                                                                                                                
        th                                                                                                                      
550 W. 7 Ave.                                                                                                                   
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT:  Testified in support of HB 157.                                                                          
                                                                                                                                
Mr. Dick Thwaites                                                                                                               
Chairman                                                                                                                        
Alaska Trust Company                                                                                                            
        nd                                                                                                                      
604 W. 2 Ave.                                                                                                                   
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT:  Testified in support of HB 157.                                                                          
                                                                                                                                
Mr. Kevin Sullivan                                                                                                              
Baxter, Bruce & Sullivan                                                                                                        
P.O. Box 32819                                                                                                                  
Juneau, AK 99803-2819                                                                                                           
POSITION STATEMENT:  Testified on HB 157.                                                                                     
                                                                                                                                
Mr. Douglas Blattmachr                                                                                                          
President                                                                                                                       
Alaska Trust Company                                                                                                            
1029 W. Third Ave., Suite 601                                                                                                   
Anchorage, AK 99501-1981                                                                                                        
POSITION STATEMENT:  Testified in support of HB 157.                                                                          
                                                                                                                                
Ms. Annette Kreitzer                                                                                                            
Staff to Senator Loren Leman                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified on SB 263.                                                                                     
                                                                                                                                
Mr. Bryan Merrell                                                                                                               
First American Title Company of Alaska                                                                                          
3035 C St.                                                                                                                      
Anchorage, AK 99503                                                                                                             
POSITION STATEMENT:  Testified on SB 263.                                                                                     
                                                                                                                                
Mr. Jon Tillinghast                                                                                                             
Sealaska Corporation                                                                                                            
One Sealaska Plaza Suite 300                                                                                                    
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Testified on SB 263.                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-12, SIDE A                                                                                                            
1:40 p.m.                                                                                                                       
                                                                                                                                
                                                                                                                                
CHAIRMAN  ROBIN  TAYLOR  called  the  Senate  Judiciary  Committee                                                            
meeting  to order at  1:40 p.m.   Present  were Senators  Cowdery,                                                              
Donley  and  Chairman  Taylor.    Senators  Ellis  and  Therriault                                                              
arrived shortly thereafter.                                                                                                     
                                                                                                                                
The first order of business before the committee was HB 40.                                                                     
                                                                                                                                
                                                                                                                                
          HB 40-REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                                     
                                                                                                                                
MS. ANNE CARPENETI, Assistant Attorney  General, Department of Law                                                              
(DOL), noted that  the committee had already heard HB  40 and a CS                                                              
was drafted according  to suggestions made by  Senators Donley and                                                              
Therriault.    She  explained  the  following  changes  in  the  J                                                              
version:                                                                                                                        
                                                                                                                                
   · On page 2, line 1, the word "shall" was changed to "may" to                                                                
     allow for the discretion of the court in the revocation of a                                                               
     driver's license.                                                                                                          
   · On page 2, line 10, the possible term of revocation was                                                                    
     changed from one year to up to three years to give the court                                                               
     more discretion in consideration of circumstances.                                                                         
   · Page 3, lines 1-4 deleted the provision that the findings of                                                               
     the  court  would  not be  admissible  in  subsequent  civil,                                                              
     criminal or administrative action.   A provision was inserted                                                              
     allowing the  family of the victim to testify  at proceedings                                                              
     addressing revocation.                                                                                                     
   · Page 3, line 21 changed the effective date to September 1,                                                                 
     2002 rather than 2001.                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said those were excellent changes.                                                                              
                                                                                                                                
SENATOR DONLEY asked if the Administration supported the CS.                                                                    
                                                                                                                                
MS. CARPENETI said yes.                                                                                                         
                                                                                                                                
SENATOR DONLEY moved the J version of HB 40 as the working                                                                      
document.                                                                                                                       
                                                                                                                                
There being no objection, the J version of HB 40 was adopted as                                                                 
the working document.                                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR asked if there were any further questions for Ms.                                                               
Carpeneti.  There were none.                                                                                                    
                                                                                                                                
MS. KIM ROSS, Staff to Senator Cowdery, read the following                                                                      
testimony from Mr. Alan Christopherson:                                                                                         
                                                                                                                                
     I understand  that Sen. Robin Taylor, Sen.  Dave Donley,                                                                   
     Sen. John  Cowdery and  others are reviewing  HB 40.   I                                                                   
     would  like the  committee to  readdress the  applicable                                                                   
     law(s)  regarding uninsured  motorists.  As  background,                                                                   
     our family  is fully  insured for  four vehicles by  two                                                                   
     national insurance firms.                                                                                                  
                                                                                                                                
     The reason for  my testimony is that my wife's  auto has                                                                   
     been struck by two different  uninsured motorists in the                                                                   
     last  three years.   The most  recent incident  occurred                                                                   
     last  week and  the  other three  years  ago.   In  both                                                                   
     cases, the  uninsured motorist was allowed  to leave the                                                                   
     scene of  the accident and  in both cases  the motorists                                                                   
     have been  unwilling or unable to  pay.  In the  case of                                                                   
     the  first  driver,  we  understand  that  he  is  still                                                                   
     driving   three  years   after   our  accident   without                                                                   
     insurance.                                                                                                                 
                                                                                                                                
     Although  our   insurance  policies  include   uninsured                                                                   
     drivers coverage, our experience  has shown that not all                                                                   
     repair  costs such  as  the use  of  rental cars  during                                                                   
     repairs  are  compensated  by  this  coverage.    Often,                                                                   
     insurance  companies  attempt  to  recover  these  costs                                                                   
     after the  fact by the legal  system or by  garnishing a                                                                   
     motorist's  future Permanent  Fund Dividend.   We  found                                                                   
     these processes  to be slow and flawed.   We did receive                                                                   
     partial compensation  from the first accident,  although                                                                   
     only  a  portion  of  our  costs   were  repaid  by  the                                                                   
     insurance company three years after the accident.                                                                          
                                                                                                                                
     I  understand the  intent of  the original  bill was  to                                                                   
     require each  driver to show  proof of insurance  within                                                                   
     ten days after  an accident or lose the privilege  of an                                                                   
     Alaska driver's license.  Before  writing this testimony                                                                   
     I  called  the  Anchorage Chief  of  Police  about  this                                                                   
     subject.   He had  me talk with  a sergeant in  Internal                                                                   
     Affairs, who confirmed that  the current laws related to                                                                   
     uninsured motorists  are not effective.  He  told me (as                                                                   
     I suspected) many uninsured  motorists continue to drive                                                                   
     without  a license  or insurance.    The police  suggest                                                                   
     they  could use tougher  laws with  regard to  uninsured                                                                   
     motorists.    In  the  case of  my  wife's  most  recent                                                                   
     accident  by an  uninsured  motorist,  the police  could                                                                   
     only  recommend  to  the  uninsured   motorist  that  he                                                                   
     provide compensation before he drove away.                                                                                 
                                                                                                                                
     Please  consider  adopting  a  law  similar  to  what  I                                                                   
     understand the  state of Arizona has in effect.   If the                                                                   
     operator of the vehicle does  not have a valid insurance                                                                   
     certificate   for  the   vehicle,   it  is   immediately                                                                   
     impounded.  The  vehicle is not released  until proof of                                                                   
     insurance is provided.                                                                                                     
                                                                                                                                
     Please send  the growing number  of uninsured  drivers a                                                                   
     message  that  they cannot  continue  to drive  and  put                                                                   
     others at financial risk.                                                                                                  
                                                                                                                                
     As  Sen. Cowdery  and I know  from our  recent visit  to                                                                   
     Elmendorf AFB  we were required to show a  valid drivers                                                                   
     license,  a current  vehicle registration  and proof  of                                                                   
     insurance to drive on the base.   I think the same rules                                                                   
     should apply to the streets of Anchorage.                                                                                  
                                                                                                                                
     I realize that the issues related  to uninsured motorist                                                                   
     insurance  and the  bill before  the  committee is  more                                                                   
     complicated  than  the  ideas  I have  presented  in  my                                                                   
     testimony.    I trust  that  your committee  will  fully                                                                   
     study all available options  and will determine the best                                                                   
     course of action.                                                                                                          
                                                                                                                                
     I  would like  to  thank the  committee  for hearing  my                                                                   
     comments  and for  your tireless  efforts  in these  and                                                                   
     other important matters before the State of Alaska.                                                                        
                                                                                                                                
     Sincerely, Alan Christopherson                                                                                             
                                                                                                                                
1:45 p.m.                                                                                                                       
                                                                                                                                
CHAIRMAN  TAYLOR  said  his staff,  Senator  Cowdery  and  Senator                                                              
Donley  had all  communicated with  Mr. Christopherson.   He  said                                                              
while his testimony  was not directly related to  the bill, it did                                                              
relate to the revocation or suspension  of driving privileges.  He                                                              
asked Ms.  Carpeneti to tell the  committee what DOL was  doing to                                                              
enforce  the law  requiring the  revocation  of the  license of  a                                                              
person  without insurance  who was  involved in  an accident.   He                                                              
said Mr.  Christopherson's testimony  indicated that the  Chief of                                                              
Police in Anchorage  believed the law was not being  enforced.  He                                                              
asked why it wasn't being enforced.                                                                                             
                                                                                                                                
MS.   CARPENETI   said  she   didn't   know  which   statute   Mr.                                                              
Christopherson was referring  to.  She said she would  be happy to                                                              
talk with the Division of Motor Vehicles (DMV) to find out.                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said  a former legislator did  subrogation work to                                                              
collect  for  damages  on  behalf of  insurance  companies.    The                                                              
insurance  companies would  refer cases  in which their  liability                                                              
coverage  had paid  for the  damages  and the  person causing  the                                                              
accident had  not paid them.   He said the former  legislator told                                                              
him   about  three   years  previously   that  Governor   Knowles'                                                              
administration  made a  decision to not  revoke driver's  licenses                                                              
because it was  too much work and they had higher  priority issues                                                              
to deal  with.   He communicated  with DMV  and was informed  that                                                              
they  were  revoking  licenses.    He  said  Mr.  Christopherson's                                                              
testimony indicated  that DMV  wasn't following  up on  people who                                                              
failed  to pay for  the damages  they  had caused.   He said  they                                                              
should be revoking  the driver's license until the  money had been                                                              
paid.                                                                                                                           
                                                                                                                                
SENATOR DONLEY  said during a  budget reduction proposal  DMV said                                                              
they  would  have  to stop  enforcing  the  Motor  Vehicle  Safety                                                              
Responsibility  Act that  paralleled the  Mandatory Motor  Vehicle                                                              
Insurance provisions.   He remembered working with  DMV to provide                                                              
funding  to continue  enforcement.    He had  not  heard that  DMV                                                              
wasn't enforcing the Motor Vehicle  Safety Responsibility Act.  He                                                              
would be very disappointed if they were not.                                                                                    
                                                                                                                                
MR. CHUCK  HOSACK, Deputy  Director, DMV,  confirmed that  DMV was                                                              
enforcing both  the Mandatory  Motor Vehicle Insurance  provisions                                                              
and the  Motor Vehicle  Safety Responsibility  Act.  He  said both                                                              
the laws involved  loss of a driver's  license if a person  was in                                                              
an accident  and didn't provide proof  of insurance.  He  said the                                                              
Mandatory  Motor  Vehicle  Insurance  provisions  applied  to  all                                                              
drivers involved  in an accident,  whether they were  the at-fault                                                              
driver or an innocent  party.  He said DMV looked  at the accident                                                              
report to determine whether there  was a possibility that a person                                                              
could   be  held   liable.     At   that   point,  the   financial                                                              
responsibility  law  went into  effect  and the  driver's  license                                                              
could be  suspended for  up to  three years  or until the  damages                                                              
from the  accident were  paid.  He said  DMV had identified  those                                                              
functions as possible  program reductions in years  past but never                                                              
had to cut them because funding was made available.                                                                             
                                                                                                                                
SENATOR  DONLEY asked  if the  person got  their driver's  license                                                              
back after three years whether they paid the damages or not.                                                                    
                                                                                                                                
MR. HOSACK said  one of the provisions for getting  a license back                                                              
after three years  was an SR-22 insurance policy.   He thought the                                                              
reason  for the  three-year  period  was because  civil  liability                                                              
limitations ran out after three years.                                                                                          
                                                                                                                                
SENATOR DONLEY said a judgment didn't expire after three years.                                                                 
                                                                                                                                
MR.  HOSACK  said  that  was correct.    He  said  the  suspension                                                              
continued until the judgment was satisfied.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  thought a  judgment had to  be renewed  every six                                                              
years if a person failed to execute.                                                                                            
                                                                                                                                
SENATOR COWDERY  said revocation  of a  driver's license  wasn't a                                                              
very  good penalty  because people  continued to  drive without  a                                                              
license.  He asked if the vehicle could be impounded.                                                                           
                                                                                                                                
MR. HOSACK said when a person was  pulled over by a police officer                                                              
they could be cited for driving while  their license was suspended                                                              
or revoked.   He  said their  license could  be revoked  again and                                                              
they could  get jail  time in some  cases.  He  wasn't aware  of a                                                              
vehicle forfeiture or impoundment provision.                                                                                    
                                                                                                                                
SENATOR DONLEY believed  there was mandatory jail  time for second                                                              
offenses.                                                                                                                       
                                                                                                                                
MS. CARPENETI  said that was correct.   She said there  was a ten-                                                              
day jail time  for the first offense, which could  be suspended on                                                              
the  condition  that the  person  perform  80 hours  of  community                                                              
service.   She said there  was a mandatory  jail time of  ten days                                                              
for the second offense.                                                                                                         
                                                                                                                                
SENATOR COWDERY  said that  didn't seem  adequate.   He knew  of a                                                              
person  in the  Wasilla  area who  was  driving  with a  suspended                                                              
license and tried to use his brother's  license when he was pulled                                                              
over.  He said  the man got ten days for that  second offense.  He                                                              
said if the  problem was going to  be solved, the vehicle  must be                                                              
impounded regardless  of ownership.   He  said we weren't  getting                                                              
the attention  of people  who had had  their license  revoked with                                                              
the penalties in place.                                                                                                         
                                                                                                                                
SENATOR THERRIAULT said Mr. Christopherson's  testimony led him to                                                              
believe  that   if  a  police  officer  pulled   somebody  without                                                              
insurance over, the officer would  allow the person to get back in                                                              
the car  and drive home and  tell them not  to do it anymore.   He                                                              
asked if  police officers  could impound the  vehicle of  a person                                                              
driving without insurance.                                                                                                      
                                                                                                                                
SENATOR COWDERY  said Mr. Christopherson  told him the  person was                                                              
able to get  in their car and  drive home after the accident.   He                                                              
thought there were problems with the law.                                                                                       
                                                                                                                                
SENATOR THERRIAULT asked if that was a choice the officer made.                                                                 
                                                                                                                                
MR.  HOSACK  said there  was  no  requirement  to carry  proof  of                                                              
insurance in the automobile and therefore  an officer wouldn't ask                                                              
for proof of insurance during a normal traffic stop.                                                                            
                                                                                                                                
SENATOR   THERRIAULT   said  there   was   an  accident   in   Mr.                                                              
Christopherson's case.                                                                                                          
                                                                                                                                
MR. HOSACK said  in the case of an accident  the officer indicated                                                              
whether the person had insurance  on the accident report.  He said                                                              
enforcement then  fell to DMV to  take action against  the license                                                              
of a person who didn't provide proof  of insurance.  He said there                                                              
was no  law allowing  the officer  to impound  the vehicle  at the                                                              
accident scene.                                                                                                                 
                                                                                                                                
SENATOR  THERRIAULT asked  if the  officer would  still allow  the                                                              
person to drive  away if he was  told there was no insurance  on a                                                              
vehicle that had been in an accident.                                                                                           
                                                                                                                                
MR. HOSACK said yes.                                                                                                            
                                                                                                                                
CHAIRMAN   TAYLOR  asked   why  the  persons   who  impacted   Mr.                                                              
Christopherson's vehicles would still be driving.                                                                               
                                                                                                                                
MR. HOSACK said  they were probably driving without  licenses.  He                                                              
said DMV  or the court  could take the  license away but  once the                                                              
person left the office or the court  it was very difficult to keep                                                              
them from driving.  He said even  if their car was taken away they                                                              
could find  another vehicle to drive.   He said they  would almost                                                              
have to be locked  up for the term of their suspension  to be kept                                                              
from driving.                                                                                                                   
                                                                                                                                
CHAIRMAN  TAYLOR   asked  if  Mr.  Hosack  could   work  with  Mr.                                                              
Christopherson's wife to determine  whether the parties had Alaska                                                              
driver's licenses.                                                                                                              
                                                                                                                                
2:00 p.m.                                                                                                                       
                                                                                                                                
MR. HOSACK said he could.                                                                                                       
                                                                                                                                
CHAIRMAN TAYLOR  thought insurance companies notified  DMV if they                                                              
were  unable  to  get  reimbursement  for  damages  caused  by  an                                                              
uninsured driver.                                                                                                               
                                                                                                                                
SENATOR DONLEY asked if the burden was on the perpetrator.                                                                      
                                                                                                                                
MR. HOSACK  said it  was.  He  said they had  to provide  DMV with                                                              
proof of insurance.   He said DMV did random spot  checks as well.                                                              
He said  their best  indicator was  the injured party's  insurance                                                              
company.   He  said if  the insurance  company paid  out of  their                                                              
uninsured motorist  claim they would  go to the at-fault  party to                                                              
get reimbursement.   He said  if they couldn't  get reimbursement,                                                              
they oftentimes notified  the DMV.  DMV then checked  their system                                                              
and could take action on the license.                                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR  said there  were  a  couple of  good  triggering                                                              
events that motivated DMV to revoke licenses.                                                                                   
                                                                                                                                
SENATOR DONLEY  asked for  an estimate of  how many licenses  were                                                              
suspended under  the Mandatory Motor Vehicle  Insurance provisions                                                              
and  the Motor  Vehicle  Safety  Responsibility  Act the  previous                                                              
year.                                                                                                                           
                                                                                                                                
MR. HOSACK  said he didn't  have those numbers  readily available.                                                              
He said  DMV did collect  those numbers and  he would get  them to                                                              
the committee.                                                                                                                  
                                                                                                                                
SENATOR DONLEY  said he asked the  Division of Insurance  (DOI) to                                                              
compare the  number of accidents to  the number of those  that had                                                              
suspended licenses.   He said DOI estimated 18%  of motorists were                                                              
uninsured.                                                                                                                      
                                                                                                                                
MR.  HOSACK said  DMV  checked the  percentage  of  the number  of                                                              
accident reports that  involved uninsured motorists.   He said DMV                                                              
had  to take  action  on  14% to  16%  of  those licenses  in  the                                                              
previous three years.                                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR asked if there were  any further questions for Mr.                                                              
Hosack.  There were none.                                                                                                       
                                                                                                                                
MS. CARPENETI  clarified that ten  days was the  mandatory minimum                                                              
sentence  for  a second  offense.    She said  it  was  a class  A                                                              
misdemeanor  so the  person could  be put  in jail  for up to  one                                                              
year.                                                                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR   asked  Ms.   Mary  Christopherson   to  provide                                                              
testimony.                                                                                                                      
                                                                                                                                
MS. MARY  CHRISTOPHERSON said  she seemed to  run into  only those                                                              
drivers  who  were uninsured.    She  said one  insurance  company                                                              
estimated that 22%  to 30% of motorists in Alaska  were uninsured.                                                              
She said she had been in two accidents  in the past ten years.  In                                                              
both cases the other party was uninsured.   She said in both cases                                                              
the other  party was  able to get  into their  car and  drive away                                                              
after the accident report was filed.   She said it took over three                                                              
years to  get reimbursed for one  of the accidents in  which there                                                              
was substantial  damage to  her vehicle.   She paid $100  per year                                                              
for uninsured motorist insurance  coverage with a $250 deductible.                                                              
She also had  to pay $280 for  a rental car.  She said  the person                                                              
was probably  still driving  without insurance.   She said  people                                                              
who  didn't obey  the laws  regarding  insurance coverage  weren't                                                              
going  to care if  their license  was  taken away.   She said  the                                                              
vehicle needed to be impounded when  they got into an accident and                                                              
they  could  get  their  car  back  after  they  proved  they  had                                                              
insurance.                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR thanked Ms. Christopherson  for her testimony.  He                                                              
said that  wasn't the  bill in front  of the  committee.   He said                                                              
Senator Cowdery  had indicated a  strong interest in such  a bill.                                                              
He and Senator  Donley had been  working on the issue  for several                                                              
years.                                                                                                                          
                                                                                                                                
SENATOR DONLEY  said they  had been  told for  many years  that it                                                              
would be cost-prohibitive  to confiscate motor vehicles.   He said                                                              
it was  good news that  the Municipality  of Anchorage  had proved                                                              
the opposite  and made a profit  with their drunk  driving vehicle                                                              
confiscation  program.   He  said  the  key  to dealing  with  the                                                              
problem  at   the  state  level   would  be  to   authorize  local                                                              
governments  to   pass  ordinances   that  would  allow   them  to                                                              
confiscate  vehicles  if  people  were driving  with  a  suspended                                                              
license or without insurance.                                                                                                   
                                                                                                                                
SENATOR  COWDERY said  he carried  his proof of  insurance  in his                                                              
pocket.   He thought many  people got  the proof of  insurance and                                                              
just  didn't put  it in  their vehicle.    He thought  one or  two                                                              
impoundments would get their attention.   He said he would like to                                                              
work toward that  and thought he could fit the language  in a bill                                                              
he had coming before the committee.                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR asked if there was anybody else who wished to                                                                   
testify on HB 40.  There was nobody.                                                                                            
                                                                                                                                
SENATOR DONLEY moved SCS CSHB 40(JUD) out of committee with                                                                     
attached fiscal note and individual recommendations.                                                                            
                                                                                                                                
There being no objection, SCS CSHB 40(JUD) moved out of committee                                                               
with attached fiscal note and individual recommendations.                                                                       
                                                                                                                                
The next order of business before the committee was HB 157.                                                                     
                                                                                                                                
                                                                                                                                
              HB 157-TRUST COMPANIES & FIDUCIARIES                                                                          
                                                                                                                                
MS. ROBIN PHILLIPS, Staff to Representative Lisa Murkowski, read                                                                
the following sponsor statement:                                                                                                
                                                                                                                                
     At  the   request  of  the   Division  of  Banking   and                                                                   
     Securities, [Representative  Murkowski] introduced House                                                                   
     Bill 157,  the Revised  Alaska Trust  Company Act.   The                                                                   
     purpose  of this bill  is to  update the existing  Trust                                                                   
     Company Act which has not undergone  any major revisions                                                                   
     since its adoption during the  territorial days of 1949.                                                                   
     If enacted,  this legislation will  be a tool  that will                                                                   
     enhance   the    process   of   formation,    operation,                                                                   
     supervision  and  regulation of  the  trust industry  in                                                                   
     Alaska.                                                                                                                    
                                                                                                                                
     Recent  changes to  Alaska trust laws  make creation  of                                                                   
     trust charters  in Alaska more desirable.   However, the                                                                   
     Alaska Trust Act does not provide  guidance as to who or                                                                   
     what  needs a charter,  nor guidance  for the  formation                                                                   
     and organization  of a trust  entity, or provisions  for                                                                   
     permissible    activities   including   interstate    or                                                                   
     intrastate business expansion.                                                                                             
                                                                                                                                
     The bill repeals existing AS  06.25 and replaces it with                                                                   
     AS  06.26  "Providers  of  Fiduciary  Services."    This                                                                   
     chapter clarifies who may provide  fiduciary services in                                                                   
     Alaska,  expands on  who may  be a  trust company,  what                                                                   
     their powers  may be, and covers specific  items such as                                                                   
     certificate of  authority, required capital,  operations                                                                   
     of offices, and the like.                                                                                                  
                                                                                                                                
     [We]  have  worked  with local  trust  companies,  trust                                                                   
     attorneys   and   the   Division   to   formulate   this                                                                   
     legislation.  This bill meets  the needs of the Division                                                                   
     to adequately regulate new and  existing trust companies                                                                   
     and also for those providing  fiduciary services without                                                                   
     being  a burden  to their  overall business  activities.                                                                   
     [We] urge your support of this legislation.                                                                                
                                                                                                                                
CHAIRMAN TAYLOR asked  for a background on uniform  trust acts and                                                              
how HB 157 related to uniform trust  acts adopted in other states.                                                              
                                                                                                                                
MR. TERRY LUTZ, Chief Financial Institution  Examiner, Division of                                                              
Banking,  Securities &  Corporations (DBSC),  said they  contacted                                                              
between 15 and 20  states while putting HB 157 together.   He said                                                              
they also  used portions  of a  model act  from the Conference  of                                                              
State Bank Supervisors.                                                                                                         
                                                                                                                                
CHAIRMAN   TAYLOR  asked   about  the  involvement   of   the  Bar                                                              
Association, attorneys and other professionals.                                                                                 
                                                                                                                                
MR.  LUTZ  said  they  contacted  the  Bar  Association  and  many                                                              
attorneys and had received many comments  and questions from them.                                                              
He said  there was also  a lot of  input from the  trust industry.                                                              
He noted  there were only two  state chartered trust  companies in                                                              
Alaska.   He said there  wasn't much  input from banks  because he                                                              
didn't believe any of them were involved in the trust business.                                                                 
                                                                                                                                
CHAIRMAN TAYLOR asked if Mr. Lutz  had looked at the issues raised                                                              
by  Theresa  Bannister, Legislative  Council,  concerning  federal                                                              
preemption.                                                                                                                     
                                                                                                                                
MR. LUTZ said he wasn't aware of those issues.                                                                                  
                                                                                                                                
CHAIRMAN   TAYLOR  read   the  following   from  Ms.   Bannister's                                                              
memorandum dated March 27, 2002:                                                                                                
                                                                                                                                
     Please be aware  that there may be a  federal preemption                                                                   
     issue present in this bill to  the extent that financial                                                                   
     institutions organized under  federal law are covered by                                                                   
     the requirements of the new  chapter.  Although proposed                                                                   
     AS   06.26.010(4)-(5)   exclude   national   banks   and                                                                   
     federally chartered savings  associations, the exclusion                                                                   
     is  limited to those  associations  and banks that  have                                                                   
     their  principal offices  in this state.   Whenever  you                                                                   
     have a  financial institution established  under federal                                                                   
     law, it  is possible that it  may not be subject  to the                                                                   
     particular state regulation  involved.  From the limited                                                                   
     research that  I have been able  to do, it  appears that                                                                   
     some  state  laws limiting  the  right  and power  of  a                                                                   
     national bank under federal  law may not be binding on a                                                                   
     national bank  and that if  there is a conflict  between                                                                   
     state  law  and federal  law  that cannot  otherwise  be                                                                   
     reconciled or resolved, federal  law will prevail.  I do                                                                   
     not know if  this is a serious problem, but  I wanted to                                                                   
     bring it to your attention as you review the bill.                                                                         
                                                                                                                                
MR. LUTZ didn't  know to what extent federal law  might preempt HB
157.  He said DBSC regulated nine  different types of entities and                                                              
there were  federal laws  that preempted state  law with a  lot of                                                              
those entities.   He  said there  wasn't much  that could  be done                                                              
about that.                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR assumed DBSC and  other states that used the model                                                              
act had addressed most of the federal preemption issues.                                                                        
                                                                                                                                
MR. LUTZ said most  of the acts they looked at  had been rewritten                                                              
recently so he assumed  most of the bill would not  have a problem                                                              
with preemption.                                                                                                                
                                                                                                                                
SENATOR  DONLEY   said  Sec.   06.26.670  dealt  with   dissenting                                                              
shareholders of a  proposed merger.  He asked for  an example of a                                                              
merger or a consolidation of a trust that could occur.                                                                          
                                                                                                                                
MR. LUTZ  said that  provision was  necessary  in case there  were                                                              
trust companies in Alaska that wished to merge.                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR  said it  was  interesting  that the  model  code                                                              
considered the  possibility because mergers weren't  uncommon.  He                                                              
appreciated  the  fact  that  it  provided  for  a  continuity  of                                                              
responsibility   and   integrity    as   far   as   finances   and                                                              
capitalization required  and types of officers involved.   He said                                                              
that protection was in HB 157 so  a company couldn't merge its way                                                              
into or out of some level of liability.                                                                                         
                                                                                                                                
SENATOR DONLEY  asked if there was  anything in HB 157  that would                                                              
affect  how  trusts  functioned   in  regards  to  the  rights  of                                                              
beneficiaries.                                                                                                                  
                                                                                                                                
MR. LUTZ didn't believe so.  He said  that would be in other areas                                                              
of law  that covered  trusts.  He  said HB  157 didn't  attempt to                                                              
regulate trusts,  only the  trust companies and  the way  they did                                                              
business.                                                                                                                       
                                                                                                                                
SENATOR DONLEY  asked for  the Chairman's  intent in dealing  with                                                              
the concerns raised by Ms. Bannister.                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  said Ms.  Bannister suggested  a sort  of savings                                                              
clause that said if a portion of  the legislation was preempted by                                                              
federal law it didn't apply.                                                                                                    
                                                                                                                                
SENATOR  DONLEY  asked about  the  second  concern raised  in  the                                                              
memorandum:                                                                                                                     
                                                                                                                                
     Also, we have noticed another  oddity, not caused by the                                                                   
     committee's  amendment.    AS   06.26.900(7)  authorizes                                                                   
     examinations   of   subsidiaries    of   private   trust                                                                   
     companies,  but does  not specifically  mention  private                                                                   
     trust companies themselves.                                                                                                
                                                                                                                                
MR.  TERRY ELDER,  Director, DBSC,  said  private trust  companies                                                              
didn't offer  services to the public  and while they  were subject                                                              
to examination  they weren't  routinely examined.   He  said there                                                              
might be a problem if DBSC was only  able to examine private trust                                                              
company subsidiaries  and not private trust  companies themselves.                                                              
He said DBSC would normally only  be verifying whether or not they                                                              
were in fact private and not offering services to the public.                                                                   
                                                                                                                                
CHAIRMAN  TAYLOR  said they  would  be  examined if  they  offered                                                              
services to the public.                                                                                                         
                                                                                                                                
MR.  ELDER said  they  would be  routinely  examined.   He  didn't                                                              
anticipate examining  private trust companies on  a regular basis.                                                              
He said they would also examine private  trust companies to see if                                                              
there was a violation of the law.                                                                                               
                                                                                                                                
CHAIRMAN   TAYLOR  asked   why  they   would   be  examining   the                                                              
subsidiaries.                                                                                                                   
                                                                                                                                
MR. ELDER  thought the only issue  they would have with  a private                                                              
trust company would  be whether they were in fact  a private trust                                                              
company and  they wouldn't look beyond  that.  He said  they could                                                              
deal with  that issue with the  trust company itself and  not with                                                              
the subsidiaries unless  the company was offering  services to the                                                              
public through a subsidiary.                                                                                                    
                                                                                                                                
MR. LUTZ  thought the language meant  examining a series  of trust                                                              
companies and private fiduciaries.                                                                                              
                                                                                                                                
SENATOR DONLEY  thought the problem  was with the  conjunctive and                                                              
"subsidiaries  of" should  apply  to trust  companies and  private                                                              
trust companies.   He  thought the  section should read,  "perform                                                              
examinations of  trust companies, private trust  companies, branch                                                              
offices,  representative   offices,  and  subsidiaries   of  trust                                                              
companies and private trust companies."                                                                                         
                                                                                                                                
CHAIRMAN TAYLOR asked if taking out  the first "and" and putting a                                                              
comma in place of it would take care of the problem.                                                                            
                                                                                                                                
SENATOR DONLEY thought they wanted  the subsidiaries of both types                                                              
of trust companies  to be covered.  He thought  the drafters would                                                              
be able to fix the problem.                                                                                                     
                                                                                                                                
MR. ELDER  also thought  it was just  a matter of rearranging  the                                                              
sentence.                                                                                                                       
                                                                                                                                
SENATOR  DONLEY moved  the  B version  of HB  157  as the  working                                                              
document.                                                                                                                       
                                                                                                                                
There being no objection,  the B version of HB 157  was adopted as                                                              
the working document.                                                                                                           
                                                                                                                                
SENATOR  DONLEY  moved  conceptual  Amendment  #1  to  redraft  AS                                                              
06.26.900(7) on page  53 to include both subsidiaries  and primary                                                              
companies of both private trust companies and trust companies.                                                                  
                                                                                                                                
There being no objection, Amendment #1 was adopted.                                                                             
                                                                                                                                
TAPE 02-12, SIDE B                                                                                                            
                                                                                                                              
2:30 p.m.                                                                                                                       
                                                                                                                                
MR. JOE NEWHOUSE  said he was a certified public  accountant (CPA)                                                              
with the firm of  Newhouse & Vogler in Anchorage.   He said he had                                                              
been in the CPA business for about 20 years.                                                                                    
                                                                                                                                
He  was  contacted  three  years  previously  by  an  attorney  in                                                              
Connecticut  asking  him  to  serve as  trustee  on  some  trusts,                                                              
providing  a  more  cost-effective   service  for  smaller  estate                                                              
planning trusts.   He  acted as a  trustee for  about 50  of those                                                              
types of trusts.   He said most  of those trusts were  simple life                                                              
insurance  trusts with  a  savings account  of  about $10,000  and                                                              
maybe a  CD.   He noted  this was not  much in  the way  of liquid                                                              
assets.   He didn't  manage the  assets of  the trusts and  didn't                                                              
want to.  He  said his duties included taking some  gifts into the                                                              
trusts,  paying for life  insurance premiums,  sending notices  to                                                              
the beneficiaries,  running  a tally at  the end  of the  year and                                                              
filing a tax return if required.                                                                                                
                                                                                                                                
MR. NEWHOUSE  said Alaska  trusts were attractive  to many  of the                                                              
attorney's clients.   He said they had to set up  trusts through a                                                              
trust company  or an  Alaska resident.   Trust services  were well                                                              
within the scope of what attorneys  and CPAs could and did do on a                                                              
regular basis.   He said  the Alaska  Trust Company had  a minimum                                                              
fee that  was fairly expensive  and he  thought Alaska USA  did as                                                              
well.   He  said his  fees  were at  most  25% of  what the  trust                                                              
companies were charging.                                                                                                        
                                                                                                                                
He said he wanted  to offer testimony supporting  some language to                                                              
reduce  regulation   for  attorneys   and  CPAs  providing   trust                                                              
services.    He understood  HB  157  would potentially  limit  the                                                              
number of trusts he could serve as a trustee for.                                                                               
                                                                                                                                
CHAIRMAN TAYLOR  said there was nothing  in the bill  that limited                                                              
him.                                                                                                                            
                                                                                                                                
MR. NEWHOUSE said  he was worried about potential  regulation.  He                                                              
thought Chairman  Taylor had also  spoken with Mr.  Kevin Sullivan                                                              
regarding these issues.                                                                                                         
                                                                                                                                
CHAIRMAN TAYLOR  said the  concerns Mr.  Sullivan had shared  with                                                              
him were that  the Department of Community &  Economic Development                                                              
(DCED) might  in the  future constrain  or regulate  professionals                                                              
who were doing  small amounts of  trust work.  DCED told  him they                                                              
were  only concerned  when and  if an  individual practitioner  or                                                              
firm  took on  so many  trusts that  they were  primarily a  trust                                                              
company.   He noted that  DCED could not  tell him what  number of                                                              
trusts that  might be.  He said  when they felt that  had happened                                                              
they  might feel  some  form of  bonding  or additional  liability                                                              
coverage and annual reviews might be in order.                                                                                  
                                                                                                                                
He and Mr. Sullivan  had looked at an amendment  to limit trustees                                                              
to  20  trusts,  each  of  which was  not  to  exceed  $50,000  in                                                              
liquidity.   He was  fearful that establishing  a number  might be                                                              
premature because five years down  the road, each trustee might be                                                              
handling 50 trusts.  He said at that  point somebody would have to                                                              
come back  to the legislature and  put a bill through  the process                                                              
to change  that arbitrary number.   He said the law  of unintended                                                              
consequences had often come back  to haunt him.  He estimated that                                                              
10% to  15% of the  legislation coming  before the committee  that                                                              
year was nothing more than clean-up  language changing some number                                                              
that was put into some bill with  the best of intentions.  He said                                                              
that was  the reason  he backed  off that  amendment.  He  thought                                                              
they were better  off to trust the professionals  within DCED.  He                                                              
said  if trustees  felt  they  were  subject to  regulations  that                                                              
appeared to be onerous or without  good cause, it would be just as                                                              
easy to get  a bill introduced  to debate the policy  calls before                                                              
the legislature.                                                                                                                
                                                                                                                                
MR. NEWHOUSE appreciated Chairman  Taylor's comments.  He said not                                                              
capping trusts  at a certain  number was a  wise thing to do.   He                                                              
was fearful  that there  might be  over-regulation down  the road.                                                              
He  said not  limiting the  number  would alleviate  some of  that                                                              
threat.  He said trusts were an ancillary  part of his business he                                                              
didn't intend  to spend a  lot of time on.   He said  the attorney                                                              
from Connecticut  referred 75% of  the approximately 50  trusts he                                                              
managed.   He  did  not  actively pursue  trusts  as  part of  his                                                              
business.   He  said his  firm was  in general  practice and  they                                                              
weren't ever  going to  get away  from that.   He said  trust laws                                                              
were intended to bring money into  Alaska.  He wanted to make sure                                                              
that there wasn't  anything in HB 157 that was going  to create an                                                              
oligopoly where the big companies  had more opportunities than the                                                              
attorneys and CPAs because of regulations.                                                                                      
                                                                                                                                
He said CPAs were required to carry  errors & omissions insurance.                                                              
He said  that insurance  policy required  them  to write down  the                                                              
trusts they served  as trustee for and the assets  in those trusts                                                              
to provide for adequate protection.                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR asked if there were  any further questions for Mr.                                                              
Newhouse.  There were none.                                                                                                     
                                                                                                                                
MR. DAVE  SHAFTEL said  he was a  member of  an informal  group of                                                              
estate  planning   attorneys  who  worked  with   the  legislature                                                              
regarding estate planning  and estate trust legislation.   He said                                                              
they  reviewed HB  157 carefully  and  worked with  Representative                                                              
Murkowski's office  and Mr. Lutz on  the bill.  He said  they were                                                              
supportive of the bill.                                                                                                         
                                                                                                                                
He said  there were some exemptions  they were concerned  about to                                                              
make  sure  that  family  members   and  friends  could  serve  as                                                              
trustees.  Those exemptions were  put into HB 157.  They were also                                                              
concerned that charitable organizations  would be able to serve as                                                              
trustees and  those provisions  were also added  to the bill.   He                                                              
asked  about  the  amendment  that was  to  be  offered  regarding                                                              
private trust companies.                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR said that was in the CS.                                                                                        
                                                                                                                                
MR.  SHAFTEL said  they  were very  supportive  of that  amendment                                                              
dealing with private trust companies,  which were used extensively                                                              
on the east coast.   He had just returned from  a convention where                                                              
there was  an hour  and a  half presentation  dealing with  family                                                              
offices and  private trust  companies.  He  said this was  an area                                                              
that  may develop  further  work  for  the financial  industry  in                                                              
Alaska.                                                                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR thanked  Mr. Shaftel  for his  testimony and  his                                                              
years of work in  the field and the assistance he  provided to the                                                              
committee.                                                                                                                      
                                                                                                                                
MR. DICK THWAITES, Chairman, Alaska  Trust Company, said he was an                                                              
attorney  in  Anchorage.    He  said   the  Alaska  Trust  Company                                                              
supported HB 157.  He thought it  clarified a lot of issues.  They                                                              
supported  the  exemptions  mentioned   earlier  and  thought  the                                                              
committee should rely on the administration to make decisions.                                                                  
                                                                                                                                
CHAIRMAN  TAYLOR asked  where Alaska's  original  trust laws  came                                                              
from  and how long  it had  been since  they had  been changed  or                                                              
modified.                                                                                                                       
                                                                                                                                
MR.  THWAITES noted  that HB  157 didn't  address trust  law.   It                                                              
addressed trust  company regulation law.   He said that  came from                                                              
1949.  He said  most of the other trust law  came from territorial                                                              
statutes and  federal common law.   Adopting uniform  probate code                                                              
in 1969 amended that.  He said there  were certain provisions that                                                              
dealt with trusts but not very extensively.   He said they started                                                              
working on the new trust laws in  1995 and the first of those laws                                                              
passed in 1997.                                                                                                                 
                                                                                                                                
He  said  those  laws  placed  Alaska  in  the  forefront  as  the                                                              
preeminent state  finance jurisdiction  in the United States.   He                                                              
said Alaska still  had that lead although Delaware,  Rhode Island,                                                              
South Dakota  and Nevada  were attempting  to catch  up.   He said                                                              
Delaware  recently  passed laws  similar  to  Alaska's.   He  said                                                              
Delaware  had  a  lot  of  weight  because  everybody  thought  of                                                              
Delaware as the banking jurisdiction  of the United States and for                                                              
corporations.   He said  Alaska, being a  small state, had  a fair                                                              
amount   of   luck   establishing   itself   as   the   preeminent                                                              
jurisdiction.   He said we're trying  to keep things a  little bit                                                              
ahead of the Internal Revenue Service and Delaware.                                                                             
                                                                                                                                
CHAIRMAN TAYLOR asked if there were  any further questions for Mr.                                                              
Thwaites.  There were none.  He thanked  Mr. Thwaites for the hard                                                              
work that he  and his colleagues  had done.  He also  thanked DBSC                                                              
for their effort on HB 157.                                                                                                     
                                                                                                                                
MR. KEVIN SULLIVAN,  Baxter, Bruce & Sullivan,  read the following                                                              
testimony:                                                                                                                      
                                                                                                                                
     My name is  [Kevin Sullivan].  I am a lawyer  [with] the                                                                   
     law firm  of Baxter,  Bruce &  Sullivan here in  Juneau.                                                                   
     Approximately  90%  of my  practice is  estate  planning                                                                   
     work  -  wills,  trusts,  post   mortem  administration,                                                                   
     wealth transfer, and related matters.                                                                                      
                                                                                                                                
     [The]  purpose   of  my  testimony  is  to   inform  the                                                                   
     committee  of  the  type  of  work I  do  that  will  be                                                                   
     impacted  by  this  legislation and  to  give  committee                                                                   
     members  the opportunity to  ask questions should  there                                                                   
     be interest.                                                                                                               
                                                                                                                                
     As  background,  the  AK  Trust  Act  and  AK  Community                                                                   
     Property  Trust Act  were intended,  in  part, to  bring                                                                   
     trust business to Alaska.                                                                                                  
                                                                                                                                
     As a  consequence of my  estate planning work,  I attend                                                                   
     conferences,  continuing  legal education  seminars  and                                                                   
     other  events where  I have met  lawyers from  different                                                                   
     states.   When  the AK  Trust Act  and Alaska  Community                                                                   
     Property Act became law, I was  asked by lawyers Outside                                                                   
     to  serve as  a trustee  for trusts  that their  clients                                                                   
     wanted to  establish in  Alaska.  This  work is  a small                                                                   
     and ancillary part of my practice.                                                                                         
                                                                                                                                
     In  terms of administration,  as  a lawyer  I have a  $2                                                                   
     million Errors  & Omissions insurance policy  and I have                                                                   
     a  letter  from  my  insurer   expressly  addressing  my                                                                   
     service as a trustee pursuant  to the Acts and outlining                                                                   
     that  such  trustee service  is  covered by  my  policy.                                                                   
     Given the structure of the trusts  for which I serve and                                                                   
     that  I  do not  manage  any  trust assets,  my  insurer                                                                   
     indicates that  my work is within the  policy definition                                                                   
     of  professional  services  and legal  services  for  an                                                                   
     attorney who acts as a trustee.                                                                                            
                                                                                                                                
     In terms of structure of these trusts:                                                                                     
                                                                                                                                
        · I often serve with [a] co-trustee and both co-                                                                        
          trustees must  act jointly - a checks  and balances                                                                   
          [system].                                                                                                             
                                                                                                                                
        · Assets held in a trust are typically a small                                                                          
          deposit  account  -  less   than  $10,000,  and  an                                                                   
          insurance policy or limited  partnership interests,                                                                   
          or  limited liability  Company  interests -  assets                                                                   
          that  are not  publicly traded.   I  do not  manage                                                                   
          liquid assets and have  no desire to manage or hold                                                                   
          substantial liquid assets.   Concerning the goal of                                                                   
          protection  of  beneficiaries,  my  access  to  the                                                                   
          liquid assets  of a trust is virtually  nonexistent                                                                   
          given the structure of these trusts.                                                                                  
                                                                                                                                
        · These trusts have very low activity - for example,                                                                    
          I may pay an annual premium  on an insurance policy                                                                   
          or  receive a  distribution and  then disburse  the                                                                   
          funds  as payment on  a note  for the [purpose]  of                                                                   
          limited partnership interests.  Transaction                                                                           
          activity.                                                                                                             
                                                                                                                                
        · Lawyers I work with have told me they want me to                                                                      
          serve   in  this   capacity  because   I  am   more                                                                   
          responsive  than  an  institutional   trustee,  and                                                                   
          provide  a much  lower cost  alternative for  these                                                                   
          small trusts.                                                                                                         
                                                                                                                                
        · I have never [engaged] in any advertising for this                                                                    
          service whatsoever.                                                                                                   
                                                                                                                                
     I understand  the purpose of this legislation,  in part,                                                                   
     is  to better  determine the  type and  volume of  trust                                                                   
     activity occurring here in Alaska.                                                                                         
                                                                                                                                
     As drafted,  the exemption portion of the  bill provides                                                                   
     that  the state  Department  of Community  and  Economic                                                                   
     Development  will  establish the  number  of trusts  for                                                                   
     which  I  may  serve  as  a   trustee.    Further,  when                                                                   
     establishing that number, the  Department shall consider                                                                   
     protection of  the public, effect on  efficient delivery                                                                   
     of  trust   services  at  a  reasonable  cost   and  the                                                                   
     likelihood  that the particular  exemption can  make the                                                                   
     trust  services  available   to  persons  who  need  the                                                                   
     service.                                                                                                                   
                                                                                                                                
     I  have been  communicating  with  Dept. staff  on  this                                                                   
     issue for  some time  and I have  been assured that  the                                                                   
     Dept.  will be  responsive to  the statutory  direction,                                                                   
     and  that  the intent  of  this  legislation is  not  to                                                                   
     disrupt  existing  business  relationships  or  activity                                                                   
     customarily  addressed by lawyers  and certified  public                                                                   
     accountants.   I welcome  the opportunity  to work  with                                                                   
     the Department in that regard.                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR  thanked Mr.  Sullivan for  his testimony  and the                                                              
amount of work  he had put in  on HB 157.  He wanted  to establish                                                              
for the record  that HB 157 did  not intend to allow  DCED to pass                                                              
regulations to  constrict or restrict the trustee  activities that                                                              
attorneys and  CPAs were starting  to participate in.   He thought                                                              
at some  point in the  future DCED would  wish to regulate  and he                                                              
hoped  the  standards  Mr.  Sullivan  enunciated  were  sufficient                                                              
guidance to  DCED to act  on behalf of the  public good.   He said                                                              
the  public  would  need  the  low-cost  services  that  would  be                                                              
provided by CPAs  and attorneys.  He said as long  as the CPAs and                                                              
attorneys  didn't get involved  in the  administrative aspects  of                                                              
liquid assets, everything should be fine.                                                                                       
                                                                                                                                
He had some fear  that we would start to see the  things that were                                                              
going on  in Anchorage  with the  CAPA problems  where people  had                                                              
opportunities to play with private  trust assets and were doing so                                                              
without much  regulation or opportunity  for enforcement  of those                                                              
fiduciary responsibilities.   He had faith that DCED  would take a                                                              
period of time to  get a feel for what the trust  business was all                                                              
about and  they would  work with  people such  as Mr. Sullivan  to                                                              
determine the appropriate level of regulation.                                                                                  
                                                                                                                                
MR.   DOUGLAS  BLATTMACHR,   President,   Alaska  Trust   Company,                                                              
expressed support for HB 157.                                                                                                   
                                                                                                                                
SENATOR  TAYLOR asked  if there  was  anybody else  who wished  to                                                              
provide testimony on HB 157.  There was nobody.                                                                                 
                                                                                                                                
SENATOR  COWDERY moved  SCS CSHB  157(JUD) out  of committee  with                                                              
attached fiscal note and individual recommendations.                                                                            
                                                                                                                                
There  being  no  objection,  SCS   CSHB  157(JUD)  moved  out  of                                                              
committee    with   attached    fiscal    note   and    individual                                                              
recommendations.                                                                                                                
                                                                                                                                
The final order of business before the committee was SB 263.                                                                    
                                                                                                                                
                                                                                                                                
          SB 263-AFTER ACQUIRED TITLE IN REAL PROPERTY                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked Ms. Annette  Kreitzer if she had any further                                                              
testimony to provide on SB 263.                                                                                                 
                                                                                                                                
MS. ANNETTE KREITZER, Staff to Senator  Loren Leman, sponsor of SB
263,  said she  had  completed her  remarks.    She said  Chairman                                                              
Taylor was  going to speak with  a gentleman who testified  at the                                                              
previous meeting.                                                                                                               
                                                                                                                                
CHAIRMAN TAYLOR said he had heard  from the gentleman but had been                                                              
unable to come to any conclusions  regarding his concerns.  He did                                                              
not have any amendments  to offer.  He asked if  there was anybody                                                              
who wished to testify on SB 263.                                                                                                
                                                                                                                                
MR. BRYAN  MERRELL, First American  Title Company of  Alaska, said                                                              
he was  the gentleman  they were speaking  of.   He said he  had a                                                              
lengthy  conversation with  Mr. Jon  Tillinghast  and others  from                                                              
Sealaska and they  weren't able to come to a  resolution to answer                                                              
his concerns.  He  said they could attempt to fashion  the bill so                                                              
that it only  applied to the situation facing Sealaska  but he had                                                              
concerns regarding  the constitutionality  of doing  so.   He said                                                              
others in his industry  were concerned as well.   He said the Land                                                              
Title Association  for the state of  Alaska, which was made  up of                                                              
underwriters  and title  insurance  agents  throughout the  state,                                                              
voted  at its  board meeting  to oppose  SB 263  because of  those                                                              
concerns.   He said those concerns  had not changed and  he hadn't                                                              
seen any suggestions which would alleviate those concerns.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked Mr. Merrell to reiterate his concerns.                                                                    
                                                                                                                                
MR. MERRELL said his concerns came  from changing an aspect of the                                                              
common law  to address  one particular  situation that  had arisen                                                              
with Sealaska.   He was also  concerned with the exception  to the                                                              
rule for  state-related  entities, which  meant the rule  wouldn't                                                              
apply  uniformly.     He  said  that  would  cause   anomalies  in                                                              
attempting to examine  and produce a title report  or title policy                                                              
related  to a  piece  of property  and make  it  difficult for  an                                                              
examiner to  make a  determination of the  intent of  the parties.                                                              
He said the situation might arise  where a quitclaim deed would be                                                              
issued involving  formerly  state-owned property.   He said  there                                                              
was confusion  and concern about how  far it could go and  when it                                                              
would stop  automatic pass through  a title when a  quitclaim deed                                                              
was used rather than a warranty deed.   He couldn't find any other                                                              
state  that had  made a  similar exception.   He  said many  times                                                              
quitclaim  deeds  were used  to  transfer  titles in  and  amongst                                                              
family  members, not  realizing the  potential  effect of  passing                                                              
after-acquired  interest and  whether or  not that would  continue                                                              
passing through  family members.   He said there were  no stopping                                                              
points  and  nothing  to  indicate when  that  would  or  wouldn't                                                              
happen.                                                                                                                         
                                                                                                                                
CHAIRMAN TAYLOR  asked if  he had discussed  amending the  bill to                                                              
more  narrowly constrain  it.   He said  SB 263  as written  would                                                              
apply  to  people  and corporations  that  may  have  conveyed  by                                                              
quitclaim   deed.     He  said   it   specifically  excluded   the                                                              
Legislature, a  state agency, the  executive branch,  the judicial                                                              
branch,  the  University   of  Alaska  and  the   Alaska  Railroad                                                              
Corporation.  He said if the railroad  granted a quitclaim deed to                                                              
somebody, they  wouldn't be required to convey  any after-acquired                                                              
interest.   But if he  as a private  person conveyed  by quitclaim                                                              
deed,  any  after-acquired   interest  would  be   conveyed.    He                                                              
suggested  removing  subsection   (b)  on  page  2  and  rewriting                                                              
subsection (a) on page 1 so it would  specifically apply to Native                                                              
corporations.                                                                                                                   
                                                                                                                                
MR. MERRELL  said they had not  discussed that solution.   He said                                                              
the concept was  somewhat attractive.  He said  subsection (b) was                                                              
added at  the request  of the administration  because they  didn't                                                              
want the new rule to apply to them.                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR  said the State  had tentatively  selected certain                                                              
lands, some of which had been sold.   He said some might have been                                                              
issued a quitclaim  deed because the State didn't  have full title                                                              
or  final patent  or because  the State  cannot convey  subsurface                                                              
rights.   He said  a change  in the  law by  Congress could  cause                                                              
Alaskans  to own subsurface  rights, just  as Native  corporations                                                              
did.  He  noted that Congress had  said it was permissible  to own                                                              
subsurface rights for one type of  owner but not another.  He said                                                              
instead  of trying  to figure  out  who should  be excluded,  they                                                              
should try to figure out who wanted to be included.                                                                             
                                                                                                                                
MR.  JON TILLINGHAST,  Sealaska Corporation,  said  he drafted  an                                                              
amendment  to  that  end  that  would  work for  them.    He  said                                                              
subsection  (a) could  read something  like, "In  addition to  any                                                              
estate  passed  by the  grantor  under  AS 34.15.070,  whenever  a                                                              
person purports by  either (1) a warranty deed or  (2) in the case                                                              
of  real  property   conveyed  under  the  Alaska   Native  Claims                                                              
Settlement Act, a  quitclaim deed to grant real  property and then                                                              
subsequently acquired  interest then the  title passes."   He said                                                              
the new rule would apply in two situations:  the warranty deed for                                                              
everybody; and the quitclaim deed  for property conveyed under the                                                              
Alaska Native Claims  Settlement Act (ANSCA).   He said subsection                                                              
(b) could be deleted entirely.                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  liked that  solution because  it limited  the new                                                              
rule enough so  that the title companies would know  that would be                                                              
the only situation they would have  to worry about in their search                                                              
for defects in title.                                                                                                           
                                                                                                                                
MR.  TILLINGHAST   was  confident   it  would  withstand   special                                                              
legislation criticism.                                                                                                          
                                                                                                                                
CHAIRMAN  TAYLOR moved  Amendment #1 to  insert Mr.  Tillinghast's                                                              
words  into  subsection  (a)  beginning   on  page  1  and  delete                                                              
subsection (b)  on page  2.  He  asked if Sec.  3 and Sec.  4 were                                                              
still necessary.                                                                                                                
                                                                                                                                
MR. TILLINGHAST said they were.                                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR asked if there was  any objection to Amendment #1.                                                              
                                                                                                                                
There being no objection, Amendment #1 was adopted.                                                                             
                                                                                                                                
CHAIRMAN TAYLOR asked  if Mr. Tillinghast had  anything further to                                                              
provide.  He did  not.  He asked Mr. Merrell if  he understood the                                                              
amendment.                                                                                                                      
                                                                                                                                
MR. MERRELL believed he did and believed it would alleviate their                                                               
concerns.  He noted that he would like to see the language.                                                                     
                                                                                                                                
CHAIRMAN TAYLOR thanked Mr. Merrell and Mr. Tillinghast for their                                                               
participation.  He asked if there was anybody else who wished to                                                                
provide testimony on SB 263.  There was nobody.                                                                                 
                                                                                                                                
SENATOR ELLIS moved CSSB 263(JUD) out of committee with attached                                                                
zero fiscal note and individual recommendations.                                                                                
                                                                                                                                
There being no objection, CSSB 263(JUD) moved out of committee                                                                  
with attached fiscal note and individual recommendations.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the Senate                                                                
Judiciary Committee meeting was adjourned at 3:05 p.m.                                                                          
                                                                                                                                

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