03/31/2009 01:00 PM Senate LABOR & COMMERCE
| Audio | Topic | 
|---|---|
| Start | |
| Governor's Appointments | |
| SB170 | |
| SB60 | |
| SB149 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 149 | TELECONFERENCED | |
| += | SB 60 | TELECONFERENCED | |
| *+ | SB 170 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 31, 2009                                                                                         
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Joe Paskvan, Chair                                                                                                      
Senator Joe Thomas, Vice Chair                                                                                                  
Senator Bettye Davis                                                                                                            
Senator Kevin Meyer                                                                                                             
Senator Con Bunde                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Confirmation of Governor's Appointments                                                                                         
     CONFIRMATIONS ADVANCED                                                                                                     
                                                                                                                                
SENATE BILL NO. 170                                                                                                             
"An Act  modifying the Alaska  unemployment insurance  statutes to                                                              
comply  with the  requirements of  the  federal economic  stimulus                                                              
bill by  redefining the  base period  for determining  eligibility                                                              
for unemployment benefits; and providing for an effective date."                                                                
     MOVED SB 170 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 60                                                                                                              
"An Act  relating to  the Uniform  Probate Code, including  wills,                                                              
trusts,   nonprobate   transfers,  augmented   estates,   personal                                                              
representatives,  and  trustees;  and  amending  Rules  3  and  8,                                                              
Alaska Rules of  Civil Procedure, Rule 1, Alaska  Rules of Probate                                                              
Procedure, and Rule 37.5, Alaska Rules of Administration."                                                                      
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 149                                                                                                             
"An Act  relating to the regulation  of residential  real property                                                              
mortgage  lending, including  the licensing  of mortgage  lenders,                                                              
mortgage  brokers, and  mortgage loan  originators and  compliance                                                              
with  certain  federal  laws  relating   to  residential  mortgage                                                              
lending; and providing for an effective date."                                                                                  
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 170                                                                                                                  
SHORT TITLE: UNEMPLOYMENT AMENDMENTS: FED STIMULUS                                                                              
SPONSOR(s): SENATOR(s) ELLIS                                                                                                    
                                                                                                                                
03/27/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/09       (S)       L&C, FIN                                                                                               
03/31/09       (S)       L&C AT 1:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  60                                                                                                                  
SHORT TITLE: UNIFORM PROBATE CODE; TRUSTS, WILLS                                                                                
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
01/21/09       (S)       PREFILE RELEASED 1/16/09                                                                               
01/21/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/09       (S)       L&C, JUD                                                                                               
03/24/09       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/24/09       (S)       Scheduled But Not Heard                                                                                
03/31/09       (S)       L&C AT 1:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 149                                                                                                                  
SHORT TITLE: MORTGAGE LENDING                                                                                                   
SPONSOR(s): SENATOR(s) PASKVAN                                                                                                  
                                                                                                                                
03/13/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/13/09       (S)       L&C, FIN                                                                                               
03/19/09       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/19/09       (S)       Heard & Held                                                                                           
03/19/09       (S)       MINUTE(L&C)                                                                                            
03/31/09       (S)       L&C AT 1:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR JOHNNY ELLIS                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of SB 170.                                                                                        
                                                                                                                                
MAX HENSLEY                                                                                                                     
Staff to Senator Ellis                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Commented on SB 170 for the sponsor.                                                                      
                                                                                                                                
PAULA SCAVARA, Special Assistant/Legislative Liaison                                                                            
Department of Transportation and Public Facilities (DOTPF)                                                                      
POSITION STATEMENT: Commented on SB 170.                                                                                      
                                                                                                                                
JAMES WILSON, Economist, Research and Analysis Section,                                                                         
Department of Labor and Workforce Development (DOLWD)                                                                           
POSITION STATEMENT: Available to answer questions on SB 170.                                                                  
                                                                                                                                
TOM NELSON, Director                                                                                                            
Division of Employment Security                                                                                                 
Department of Labor and Workforce Development (DOLWD)                                                                           
POSITION STATEMENT: Available to answer questions on SB 170.                                                                  
                                                                                                                                
DENNY DEWITT                                                                                                                    
National Federation of Independent Businesses (NFIB)                                                                            
POSITION STATEMENT: Supported SB 170.                                                                                         
                                                                                                                                
TREVOR FULTON                                                                                                                   
Staff to Senator McGuire                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Commented on SB 60 for the sponsor.                                                                       
                                                                                                                                
DAVID SHAFTEL, Estate Planning Attorney                                                                                         
POSITION STATEMENT: Supported SB 60.                                                                                          
                                                                                                                                
DOUGLAS BLACKMACHER                                                                                                             
Alaska Trust Company                                                                                                            
POSITION STATEMENT: Supported SB 60.                                                                                          
                                                                                                                                
TYSON FICK, Legislative Liaison                                                                                                 
Department of Commerce, Community & Economic Development (DCCED)                                                                
POSITION STATEMENT: Supported SB 149.                                                                                         
                                                                                                                                
LORIE HOVANEC, Director                                                                                                         
Division of Banking and Securities                                                                                              
Department of Commerce, Community & Economic Development (DCCED)                                                                
POSITION STATEMENT: Supported CSSB 149, version E.                                                                            
                                                                                                                                
PATRICE WALSH, Consumer Finance Chief                                                                                           
Division of Banking and Securities                                                                                              
Department of Commerce, Community & Economic Development (DCCED)                                                                
POSITION STATEMENT: Available to answer questions on SB 149.                                                                  
                                                                                                                                
JOHN MARTIN, President                                                                                                          
Alaska Association of Mortgage Brokers                                                                                          
POSITION STATEMENT:  Answered questions about SB 149.                                                                         
                                                                                                                                
LOUANNE WEYHRAUCH, Assistant Attorney General                                                                                   
Department of Law (DOL)                                                                                                         
POSITION STATEMENT: Available to take questions on SB 149.                                                                    
                                                                                                                                
JULIA COSTER                                                                                                                    
Consumer Protection Unit                                                                                                        
Department of Law (DOL)                                                                                                         
POSITION STATEMENT:  Answered questions on SB 149.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:08:00 PM                                                                                                                    
                                                                                                                                
CHAIR JOE  PASKVAN called the  Senate Labor and  Commerce Standing                                                            
Committee meeting  to order  at 1:08 p.m.  Present at the  call to                                                              
order were Senators Meyer, Thomas, Bunde and Paskvan.                                                                           
                                                                                                                                
^Governor's Appointments                                                                                                      
                                                                                                                                
                    Governor's Appointments                                                                                 
                                                                                                                                
CHAIR   PASKVAN   announced  consideration   of   the   Governor's                                                              
appointments. He opened  up public testimony. There  was no one on                                                              
teleconference, no  one in the audience to testify  and there were                                                              
no questions from members. He closed the public hearing.                                                                        
                                                                                                                                
1:10:29 PM                                                                                                                    
SENATOR  THOMAS  moved to  forward  the  names of  the  Governor's                                                              
appointments. There were no objections and it was so ordered.                                                                   
                                                                                                                                
At ease from 1:11 p.m. to 1:13 p.m.                                                                                             
                                                                                                                                
          SB 170-UNEMPLOYMENT AMENDMENTS: FED STIMULUS                                                                      
                                                                                                                                
1:13:09 PM                                                                                                                    
CHAIR PASKVAN announced the consideration of SB 170.                                                                            
                                                                                                                                
SENATOR DAVIS joined the committee.                                                                                             
                                                                                                                                
SENATOR  ELLIS,  sponsor  of  SB 170,  thanked  the  Alaska  State                                                              
Chamber of  Commerce and  the National  Federation of  Independent                                                              
Business (NFIB) for  their work on making this  bill as beneficial                                                              
as possible.                                                                                                                    
                                                                                                                                
He explained  that the bill  represents a  small change in  the UI                                                              
eligibility  standards in  the  State of  Alaska  even though  the                                                              
state  has modernized  its UI system  already.  This is one  minor                                                              
change that would  bring great benefits to some  unemployed people                                                              
and has no strings attached.                                                                                                    
                                                                                                                                
He  explained  that  current  eligibility   is  based  on  meeting                                                              
minimum  earnings  in  the  first  four  of  the  five  previously                                                              
completed quarters.   SB 170  gives workers  who do not  meet that                                                              
qualification  the option  of recalculating  using their  earnings                                                              
from the  last four completed  quarters. This would  benefit about                                                              
1,300 people who  would otherwise become eligible  for UI payments                                                              
three months  later by  eliminating the  three-month lag  time. If                                                              
this policy  had been in place in  2008 it would have  provided $8                                                              
million  in benefits.  The  really  good news,  too,  is that  the                                                              
federal stimulus  dollars  fully fund this  minor change  bringing                                                              
in  $17 million  for  job training  as well  as  enhancing the  UI                                                              
trust  fund. If  some money  is deposited  in the  UI trust  fund,                                                              
there would be no  impact to business taxes. That  is why the NFIB                                                              
and the State Chamber think this is a good opportunity.                                                                         
                                                                                                                                
The  Department of  Labor and  Workforce  Development (DOLWD)  and                                                              
Representative Hawker's  office are taking  the lead on  the exact                                                              
amount. The department  has not taken a position on  the bill, but                                                              
has been very  helpful and professional in representing  the Palin                                                              
administration.                                                                                                                 
                                                                                                                                
Representative  Hawker thinks  between $3  million and $5  million                                                              
needs to  go into the  UI trust fund  that currently is  more than                                                              
solvent with a $350 million balance.                                                                                            
                                                                                                                                
1:17:28 PM                                                                                                                    
He  said  that these  are  one-time  dollars  and that  Alaska  is                                                              
already  experiencing the  highest unemployment  in a  generation;                                                              
it may feel the  effects of the national and  world-wide recession                                                              
even  more later  this  year. Alaska  is  also  preparing for  the                                                              
largest infrastructure  project in U.S. history with  the gasline.                                                              
There  is a  perfect  confluence  of events  that  gives Alaska  a                                                              
perfect opportunity  to use  federal dollars  allocated to  Alaska                                                              
for a  targeted and timely  expansion of  job training. This  is a                                                              
reasonable  act  to take  and  has  a net  gain  on two  or  three                                                              
levels.                                                                                                                         
                                                                                                                                
He  said this  bill comes  out of  the intent  of the  legislative                                                              
leaders of  both bodies  and both parties  to closely  examine all                                                              
available stimulus  dollars and accept only those  that make sense                                                              
for Alaska in the long term.                                                                                                    
                                                                                                                                
1:19:04 PM                                                                                                                    
MAX  HENSLEY,  staff  to  Senator  Ellis, said  the  bill  is  one                                                              
section; it  gives unemployed  workers the option  if they  do not                                                              
qualify  for unemployment  insurance  based on  their earnings  to                                                              
recalculate  them using the  most recent  four completed  calendar                                                              
quarters rather than  the first four quarters of  their last five.                                                              
It takes  effect on  January 1,  2010. He  informed them  that the                                                              
DOLWD generally  calculates unemployment  insurance benefits  on a                                                              
calendar year rather than a fiscal year basis.                                                                                  
                                                                                                                                
He said  a number of  states are  concerned that the  unemployment                                                              
insurance modernization,  which actually  totals about  $7 billion                                                              
in  incentive  money  from the  federal  stimulus  package,  would                                                              
require significant  expansions  to eligibility requirements,  but                                                              
the federal stimulus  makes the pot of money that  is allocated to                                                              
each state dependent  on two sets of criteria. The  first third of                                                              
the money is  available to states that offer  the alternative base                                                              
period, which Alaska  currently does not and SB  170 will provide.                                                              
The second  two-thirds of the stimulus  money is based  on a state                                                              
offering UI benefits  to unemployed workers who are  members of at                                                              
least two  of the  following four  categories: part time  workers,                                                              
workers who are  enrolled in training programs,  workers who leave                                                              
their jobs for  compelling family reasons and  additional benefits                                                              
for workers with dependents.                                                                                                    
                                                                                                                                
1:21:15 PM                                                                                                                    
Alaska  already meets  the final  two categories;  if we make  the                                                              
change  to  become  eligible  for the  initial  one-third  of  the                                                              
money,  we will  get the  full pot  of money  without any  further                                                              
changes. The  reason this is a big  issue in other states  is that                                                              
they would  have to make all the  changes at once and  those could                                                              
be substantial for some.                                                                                                        
                                                                                                                                
1:21:50 PM                                                                                                                    
MR. HENSLEY said  another concern is that usually  an expansion of                                                              
benefits  expands  employer/employee  contributions to  the  trust                                                              
fund, but Alaska's  UI trust fund is one of the  healthiest in the                                                              
nation  with  a  balance  of  about  $350  million  in  2008.  The                                                              
additional  monies in the  stimulus package  are more  than enough                                                              
to cover this small addition in liability.                                                                                      
                                                                                                                                
1:22:24 PM                                                                                                                    
A third  major question  that people  have asked  is whether  this                                                              
change  would  expose  the  state   to  a  permanent  and  ongoing                                                              
liability.  It  has  been  found  that  nothing  in  the  stimulus                                                              
provides that  states can't change  their laws back at  some point                                                              
in  the   future,  but  it   can't  be  explicitly   temporary  or                                                              
sunsetted.  A  letter   from  the  federal  Department   of  Labor                                                              
certified that there are "no claw back provisions."                                                                             
                                                                                                                                
1:23:04 PM                                                                                                                    
The additional  money beyond  what is  needed to  shore up  the UI                                                              
trust  fund could  be used  for increased  administration and  job                                                              
training,  although  the  department  feels  it  doesn't  need  to                                                              
increase administration.                                                                                                        
                                                                                                                                
He noted also that  this is a one-time grant, and  after the money                                                              
goes into the  UI trust fund it  can be appropriated by  the state                                                              
without an end  date, unlike many other stimulus  funds which must                                                              
be spent  over the  next year or  two. The  state could  choose to                                                              
space  this  money  out  more  widely,   and  no  state  match  is                                                              
required.                                                                                                                       
                                                                                                                                
MR. HENSLEY said  the funds have already been  appropriated by the                                                              
federal government  and funds  we do  not accept  will be  sent to                                                              
another  state  to either  benefit  their  job training  or  their                                                              
unemployed workers.                                                                                                             
                                                                                                                                
1:24:59 PM                                                                                                                    
SENATOR  THOMAS asked  him to review  the criteria  again  on what                                                              
would be new.                                                                                                                   
                                                                                                                                
MR.  HENSLEY said  there are  two  pots of  money within  Alaska's                                                              
portion  of the  UI modernization  incentive. The  first third  is                                                              
contingent  on the  acceptance  of  the alternative  base  period,                                                              
which  it  outlined  in  this  bill.   The  second  two-thirds  is                                                              
contingent on  the state offering UI  benefits to at least  two of                                                              
the  four categories:  part  time  workers, extended  benefits  to                                                              
workers who are  enrolled in training programs,  workers who leave                                                              
their  jobs for  compelling  personal  reasons, and  the  expanded                                                              
benefits for workers  who have dependents. Alaska  meets the final                                                              
two  criteria  and  would  not need  to  change  its  statutes  to                                                              
receive  the second  two-thirds of  the money.  However we  cannot                                                              
receive the second two-thirds unless we receive the first third.                                                                
                                                                                                                                
SENATOR  THOMAS  asked  if  the department  would  testify  or  be                                                              
available for questions.                                                                                                        
                                                                                                                                
1:27:45 PM                                                                                                                    
PAULA  SCAVARA,  Special  Assistant/Legislative   Liaison  to  the                                                              
Department of Transportation  and Public Facilities  (DOTPF), said                                                              
she brought  a couple  of department  people to answer  questions,                                                              
Tom Nelson and James Wilson.                                                                                                    
                                                                                                                                
JAMES   WILSON,   Economist,  Research   and   Analysis   Section,                                                              
Department   of   Labor   and   Workforce   Development   (DOLWD),                                                              
introduced   himself  and   said  he  was   available  to   answer                                                              
questions.                                                                                                                      
                                                                                                                                
1:29:53 PM                                                                                                                    
SENATOR BUNDE  asked why the  department hadn't done  this already                                                              
if it's  such a  good idea,  and "before  we were  bribed by  this                                                              
money." He  was concerned that  if we make  this change  the extra                                                              
$2  million  would  likely  be an  ongoing  cost,  and  after  the                                                              
stimulus money  goes away,  that would be  a continuing  impact on                                                              
the program.                                                                                                                    
                                                                                                                                
TOM   NELSON,   Director,   Division   of   Employment   Security,                                                              
Department of  Labor and  Workforce Development (DOLWD),  answered                                                              
that they  calculated an actual  number of 1,293  individuals that                                                              
otherwise would  have been eligible  for benefits in 2008.  Of the                                                              
$1.9 million  impact to  the trust  fund, 26  percent is  borne by                                                              
the actual  worker. If approximately  $3 million would be  left in                                                              
the trust  fund, the  trust fund  solvency factor  would cover  at                                                              
least the first year of the costs in the years outgoing.                                                                        
                                                                                                                                
1:31:37 PM                                                                                                                    
SENATOR BUNDE asked about putting a sunset on this.                                                                             
                                                                                                                                
MR.  NELSON  replied that  18  states  already have  this  program                                                              
before  the stimulus  package came  out, and  some of  them had  a                                                              
sunset provision.  The federal  guidance  is that they  understand                                                              
the ability  of state  legislatures to change  laws after  this is                                                              
over with  and they only require  a certification that  the states                                                              
are acting on good faith.                                                                                                       
                                                                                                                                
SENATOR BUNDE  commented that  the feds  might not understand  the                                                              
politics behind trying to change unemployment benefits.                                                                         
                                                                                                                                
1:32:42 PM                                                                                                                    
SENATOR  BUNDE remarked  that one  of the bones  of contention  in                                                              
changing UI in Alaska  has always been that workers  who are fired                                                              
for cause can claim UI insurance, and this doesn't change that.                                                                 
                                                                                                                                
MR. NELSON  replied that  is correct,  but he  added that  they go                                                              
through a six-week waiting period.                                                                                              
                                                                                                                                
1:33:24 PM                                                                                                                    
SENATOR THOMAS asked the department's position.                                                                                 
                                                                                                                                
MS.  SCAVARA replied  the  department  and the  administration  is                                                              
neutral.                                                                                                                        
                                                                                                                                
SENATOR  THOMAS asked  in that case  if the  attached zero  fiscal                                                              
note goes  out to  only 2015 or  to a point  beyond that  when the                                                              
federal money is gone.                                                                                                          
                                                                                                                                
1:34:15 PM                                                                                                                    
MR.  NELSON  explained  that  the  fiscal  note  is  zero  because                                                              
regardless  of how  many claims  they process  throughout a  year,                                                              
the  workload  actually  dictates   what  the  federal  government                                                              
reimburses back  to the  state. He couldn't  speculate on  why the                                                              
fiscal note only goes out to 2015.                                                                                              
                                                                                                                                
MS. SCAVARA  added that the  form goes to  2015, so they  just put                                                              
zeros across.                                                                                                                   
                                                                                                                                
SENATOR   THOMAS  asked   if  the  department   agreed  with   the                                                              
explanation from Senator Ellis' staff.                                                                                          
                                                                                                                                
1:35:03 PM                                                                                                                    
MR. NELSON replied yes.                                                                                                         
                                                                                                                                
1:35:33 PM                                                                                                                    
SENATOR  BUNDE said  he  is stuck  on  the idea  that  calculating                                                              
eligibility for more  than 1,300 people seems like  a fairly minor                                                              
technicality,  but he  was curious  about why  the department  did                                                              
not  choose to  do that  in the  first  place. Would  there be  an                                                              
economic impact?                                                                                                                
                                                                                                                                
MS.  SCAVARA  responded  that  UI   eligibility  would  require  a                                                              
statutory change,  and she  has worked at  the department  for six                                                              
years and has not heard of it being brought up.                                                                                 
                                                                                                                                
1:36:39 PM                                                                                                                    
DENNY  DEWITT,  National  Federation   of  Independent  Businesses                                                              
(NFIB), supported  SB 170. They  worked hard with  the department,                                                              
legislators, staff  and consultants on  this issue in  the federal                                                              
arena to unwind  all the requirements particularly  whether or not                                                              
the expanded  benefits changed  the character  of the  program and                                                              
what  the impact  on premiums  would  be. And  they are  satisfied                                                              
that  the deposits  via  the Finance  committees  will offset  the                                                              
costs quite a ways into the future.                                                                                             
                                                                                                                                
In terms  of change in  the base period  and how ongoing  benefits                                                              
are  paid,  they have  been  assured  that  the character  of  the                                                              
program  will remain  intact.  He thanked  Senator  Ellis and  his                                                              
staff for their work and help.                                                                                                  
                                                                                                                                
1:39:44 PM                                                                                                                    
CHAIR PASKVAN  closed public testimony.  He observed that  this is                                                              
the type of bill  that deserves the support of  this committee and                                                              
added that the business community supports it.                                                                                  
                                                                                                                                
1:40:15 PM                                                                                                                    
SENATOR THOMAS moved  to report SB 170, version  E, from committee                                                              
with  individual  recommendations  and  attached  fiscal  note(s).                                                              
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
At ease from 1:40 p.m. to 1:43 p.m.                                                                                             
                                                                                                                                
           SB  60-UNIFORM PROBATE CODE; TRUSTS, WILLS                                                                       
                                                                                                                                
1:43:05 PM                                                                                                                    
CHAIR PASKVAN announced the consideration of SB 60.                                                                             
                                                                                                                                
TREVOR  FULTON,  staff  to  Senator McGuire,  sponsor  of  SB  60,                                                              
explained that  probate is  the legal process  in which a  will is                                                              
reviewed to determine  whether it is valid and  authentic. Probate                                                              
also  refers  to   the  general  administering  of   the  deceased                                                              
person's will or  the estate of a deceased person  without a will.                                                              
A  trust   is  similar   to  a  will   with  one  very   important                                                              
distinction.  With  a  trust,  your   property  won't  go  through                                                              
probate when  you die.  With a  will during  probate, much  of the                                                              
estate  is   taken  by  taxes   (mostly  federal)   and  sometimes                                                              
attorneys. When  you create a  trust you transfer  your properties                                                              
and assets  to it while  you are still  alive and it  continues on                                                              
through your death  and thus does not need to go  through the same                                                              
costly legal proceedings that a will does.                                                                                      
                                                                                                                                
SB  60 deals  specifically  with trusts  and  the Uniform  Probate                                                              
Code  by clarifying,  updating,  and  adding to  existing  Alaskan                                                              
probate   laws   with  the   aim   of   improving  the   ease   of                                                              
administration   of  wills,   estates  and   trusts  for   Alaskan                                                              
residents,  and secondly  with the  aim  of making  Alaska a  more                                                              
attractive place to do trust business.                                                                                          
                                                                                                                                
Most  of these  changes  involved  either clarifying  language  or                                                              
omitting unnecessary  verbiage.  Other changes include  clarifying                                                              
issues  relating to  representation  of an  incapacitated  person,                                                              
clarifying  property   transfers  involving  a   deceased  spouse,                                                              
creating  a procedure  for  the establishment  of  will and  trust                                                              
validity before  death and  addressing the  venue proceeding  if a                                                              
decedent  lives outside  of Alaska,  but  held significant  assets                                                              
within the state.                                                                                                               
                                                                                                                                
These  changes in  SB 60 were  brought  to him by  experts in  the                                                              
probate and  trust field, and they  had not received  any negative                                                              
feedback  on them.  The trust  business is  a highly  competitive,                                                              
multi-billion  dollar sector  that  often crosses  state lines  in                                                              
order to  take advantage of more  attractive state trust  laws. SB
60 makes Alaska  a more attractive place to do  trust business and                                                              
by doing  so, creates  jobs and  revenue that  would otherwise  go                                                              
Outside.                                                                                                                        
                                                                                                                                
The State of  Alaska has directly received millions  of dollars in                                                              
tax  revenue and  many Alaskan  jobs  have been  created in  trust                                                              
banking, insurance  and legal professions  due to  its competitive                                                              
and contemporary  trust laws. It  diversifies the  state's economy                                                              
and makes it an attractive place to invest.                                                                                     
                                                                                                                                
1:47:38 PM                                                                                                                    
DAVID SHAFTEL,  Estate Planning Attorney,  said he is a  member of                                                              
an  informal group  that has  worked with  the Alaska  Legislature                                                              
since 1997 to  improve the state's trust statutes.  He is familiar                                                              
with all the provisions of SB 60.                                                                                               
                                                                                                                                
Section  1 allows  a person  who creates  a trust  to designate  a                                                              
representative  who  can  represent incapacitated  persons  -  for                                                              
example  - miner  children, unborn  children  or an  incapacitated                                                              
adult. This  provision was  first drafted into  Florida law  a few                                                              
years ago.                                                                                                                      
                                                                                                                                
Section 2 corrects a typo in existing law.                                                                                      
                                                                                                                                
Sections  3  and 4  fix  updates  Alaska  law that  conforms  with                                                              
language  Delaware   and  New  Hampshire  have  dealing   with  an                                                              
irrevocable  trust that  is  created by  a  "seflor," someone  who                                                              
could be  a discretionary beneficiary  of the trust.  The seflor's                                                              
creditors couldn't  reach the  assets of the  trust, but  it would                                                              
be done  well before  the seflor  has any  claims against  him. If                                                              
you do this with  your spouse's consent or before  you marry, then                                                              
your spouse has no claim against the assets in that trust.                                                                      
                                                                                                                                
Sections 5, 6 and 7 are technical provisions.                                                                                   
                                                                                                                                
1:52:29 PM                                                                                                                    
Section  8 allows  a person  who has drafted  a will  or trust  to                                                              
have it  validated in  court before  he dies so  that it  can't be                                                              
challenged,  by  a  family member,  for  instance.  Several  other                                                              
states have provisions like this, but not as well written.                                                                      
                                                                                                                                
1:54:17 PM                                                                                                                    
Section 9  updates the venue  statute for probate  of a will  of a                                                              
person who  is not  a resident  of Alaska  when he dies.  Examples                                                              
include people who move out of Alaska to a warmer place.                                                                        
                                                                                                                                
Sections 10 and  11 allow a fiduciary, personal  representative or                                                              
trustee  to consider  discretionary distributions  as coming  from                                                              
capital  gains. This  is a provision  that will  result in  better                                                              
tax planning for  beneficiaries of estates and  trusts, because of                                                              
the lower overall tax consequences of a distribution.                                                                           
                                                                                                                                
He noted  that there  were three other  bills in this  legislature                                                              
on the same subjects.                                                                                                           
                                                                                                                                
1:56:23 PM                                                                                                                    
SENATOR  BUNDE asked  if he  said the  changes created  a typo  in                                                              
section 2.                                                                                                                      
                                                                                                                                
MR. SHAFTEL  clarified that it corrected  an existing typo  in the                                                              
statute.                                                                                                                        
                                                                                                                                
CHAIR   PASKVAN   asked  if   the   irrevocable   trust  and   the                                                              
discretionary   beneficiary  provision   lessened  the   need  for                                                              
prenuptial agreements.                                                                                                          
                                                                                                                                
MR. SHAFTEL answered  yes; that is one of the  functions this type                                                              
of  trust can  serve.  If you  want to  make  sure certain  assets                                                              
would not  be subject to divorce  down the line, you  could create                                                              
this type of a  trust 30 days prior to marriage.  It could be done                                                              
after marriage if the spouse consented to it.                                                                                   
                                                                                                                                
CHAIR PASKVAN  asked if this is  intended to attract  other people                                                              
to Alaska  to use this  type of irrevocable  trust or is  this for                                                              
Alaskans' needs.                                                                                                                
                                                                                                                                
MR. SHAFTEL  responded that  most of his  clients from  medium and                                                              
large estates almost  take advantage of this kind  of trust, which                                                              
is called  a self-settled discretionary  spend thrift  trust. Many                                                              
Alaskans  are using it,  but it  also has  been an attraction  for                                                              
non-residents. When  Alaska created this  law in 1997, it  was the                                                              
first state  to have a  usable statute  allowing for this  kind of                                                              
trust; now there  are 12 states. His office uses  it primarily for                                                              
residents of Alaska.                                                                                                            
                                                                                                                                
CHAIR PASKVAN  asked for  a definition of  medium and  large asset                                                              
value clients.                                                                                                                  
                                                                                                                                
MR.  SHAFTEL  replied  his  office  defines  "medium  estates"  as                                                              
starting with estates  that are larger than the  applicable credit                                                              
amount. That  amount has increased  from $1 million since  2001 to                                                              
$3.5 million  in 2009; it  was $2 million  last year. The  talk on                                                              
the street  is that it would stay  at $3.5 million and  be indexed                                                              
in the future. He  said that they are watching to  see if Congress                                                              
does  anything more  with  this definition.  A  "large estate"  is                                                              
anything  over  that  -  about  twice  that  amount.  Typically  a                                                              
married  couple  could protect  twice  that  credit amount  or  $7                                                              
million.                                                                                                                        
                                                                                                                                
2:01:45 PM                                                                                                                    
SENATOR THOMAS  asked if the venue  section refers to  wills only,                                                              
but to trusts as well.                                                                                                          
                                                                                                                                
MR. SHAFTEL  answered  that this  section of  the work draft  only                                                              
deals with  wills. Another venue  provision deals  with pre-mortem                                                              
proceedings  that he described  before dealing  with validating  a                                                              
will or trust.                                                                                                                  
                                                                                                                                
SENATOR  THOMAS  said  he  was looking  at  section  8.  The  real                                                              
question is if  it says the original court proceedings  would take                                                              
place  in  a  particular  state  that  may  not  be  the  person's                                                              
residence; and if  that is the case, what happens  if the State of                                                              
California,  for instance,  had  similar laws  that required  that                                                              
all people residing  in their state, regardless of  such a term in                                                              
a will or trust, would be settled in that state.                                                                                
                                                                                                                                
MR.  SHAFTEL replied  that  his first  question  deals with  "pre-                                                              
mortem  proceedings" in  section 8,  which covers  venue for  both                                                              
wills  and  trusts. Regarding  his  second  question,  he was  not                                                              
aware of  any state saying a  person's estate must be  probated in                                                              
that state.  He remembered  when  a number of  states fought  over                                                              
the right to  tax Howard Hughes property. It  was very complicated                                                              
and the  states eventually  agreed to divide  up the  state taxing                                                              
power for that instance.                                                                                                        
                                                                                                                                
2:05:28 PM                                                                                                                    
CHAIR  PASKVAN  asked  if  a non-domiciled  person  could  in  the                                                              
document,  itself, establish  Alaska as the  venue for  resolution                                                              
of these trust and will issues.                                                                                                 
                                                                                                                                
MR. SHAFTEL answered  yes. The new provision (section  8) allowing                                                              
for  establishment  of the  validity  of a  will  or trust  before                                                              
death anticipates  that the  person who  created that  document if                                                              
they weren't  a resident of Alaska,  would come to Alaska  to file                                                              
the proceeding.                                                                                                                 
                                                                                                                                
CHAIR PASKVAN  said his  concern was  focused on  the cost  to the                                                              
court system.                                                                                                                   
                                                                                                                                
2:07:21 PM                                                                                                                    
MR. SHAFTEL  said he could only  give his opinion, but  four other                                                              
states have  this or similar processes,  so it's not as  if Alaska                                                              
would  have  a  monopoly.  This   particular  statute  is  written                                                              
particularly well, and  he thought it would be copied  by a number                                                              
of other states.  This provision will serve Alaskan  residents and                                                              
some  people who  decide  to choose  to  have  this proceeding  in                                                              
Alaska.  He reminded  them that  a lot  of people  view Alaska  as                                                              
being  "a tremendous  distance  away," and  he  thought that  most                                                              
people  would probably  go to  other  states that  are closer.  He                                                              
thought that  the costs  of people  who come up  here and  use the                                                              
state's professional  services would  at least match  and probably                                                              
be significantly greater than the cost to the court system.                                                                     
                                                                                                                                
2:08:51 PM                                                                                                                    
SENATOR  BUNDE noted  that  there is  a zero  fiscal  cost to  the                                                              
state,  but he  thought  maybe the  Department  of Revenue  should                                                              
give them a  ballpark figure for  what the state is making  off of                                                              
the trust arena.                                                                                                                
                                                                                                                                
2:10:14 PM                                                                                                                    
MR. SHAFTEL commented  that he didn't want to leave  them with the                                                              
wrong impression.  The estate statutes  they have been  working on                                                              
for 12  years primarily  benefit Alaskans. It  has only  been made                                                              
available to other non-residents.                                                                                               
                                                                                                                                
2:11:52 PM                                                                                                                    
SENATOR THOMAS  asked if the venue  aspect is available  to people                                                              
who  have  no  assets  in  Alaska,  but  simply  want  their  will                                                              
probated or the procedures for the trust to happen here.                                                                        
                                                                                                                                
MR. SHAFTEL  answered yes. "The  statement of trust,  for example,                                                              
makes it  clear that a  person can choose  what state's  trust law                                                              
they want  to have apply  to their trust."  So, there is a  lot of                                                              
crossing of state lines by persons using estate and trust laws.                                                                 
                                                                                                                                
2:13:17 PM                                                                                                                    
DOUGLAS BLACKMACHER,  Alaska Trust Company, supported  SB 60. They                                                              
know the state has  received a number of millions  of dollars over                                                              
the  last  10  years  because  of  these  changes  to  its  estate                                                              
statutes. He hasn't  noticed a significant increase  in use of the                                                              
Alaska court system, however.                                                                                                   
                                                                                                                                
2:14:59 PM                                                                                                                    
CHAIR PASKVAN closed public testimony.                                                                                          
                                                                                                                                
MR. FULTON noted CS SB 60(), labeled 26-LS0320\E.                                                                               
                                                                                                                                
2:16:59 PM                                                                                                                    
SENATOR  MEYER moved  to  bring version  E  before the  committee.                                                              
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
SENATOR BUNDE  wanted to  hear about  the substantial  differences                                                              
between the original SB 60 and the CS.                                                                                          
                                                                                                                                
MR.   FULTON   explained   that  changes   came   from   continued                                                              
conversations  between  Mr.  Shaftel   and  Terry  Bannister,  LAA                                                              
attorney.                                                                                                                       
                                                                                                                                
2:18:47 PM                                                                                                                    
He explained section  1 changed "represent or bind"  to "represent                                                              
and bind" when  you are the designated representative.  In section                                                              
2  the  "decedent"  replaces  "self"; there  were  no  changes  in                                                              
section 3.                                                                                                                      
                                                                                                                                
2:22:02 PM                                                                                                                    
The only substantive  change is the venue change  that was already                                                              
discussed in section 9.                                                                                                         
                                                                                                                                
2:23:24 PM                                                                                                                    
CHAIR PASKVAN closed public testimony on the CS.                                                                                
                                                                                                                                
2:23:57 PM                                                                                                                    
SENATOR MEYER asked  if this would require a 2/3  vote - referring                                                              
to section 12, page 14, lines 23-26.                                                                                            
                                                                                                                                
2:25:18 PM                                                                                                                    
MR. SHAFTEL  said his  understanding  is because  this is  a venue                                                              
provision that  affects the rules of  the court it requires  a 2/3                                                              
vote.                                                                                                                           
                                                                                                                                
SENATOR MEYER asked for the effective date.                                                                                     
                                                                                                                                
MR. FULTON answered they didn't request an effective date.                                                                      
                                                                                                                                
CHAIR PASKVAN held CSSB 60, version E, for further thought.                                                                     
                                                                                                                                
                    SB 149-MORTGAGE LENDING                                                                                 
                                                                                                                                
2:27:07 PM                                                                                                                    
CHAIR PASKVAN announced the consideration of SB 149.                                                                            
                                                                                                                                
2:27:29 PM                                                                                                                    
TYSON   FICK,  Legislative   Liaison,   Department  of   Commerce,                                                              
Community  & Economic  Development  (DCCED) said  all the  parties                                                              
involved  -  interest  groups,  Department  of  Law,  Division  of                                                              
Banking  and  Securities,  especially  Director  Lorie  Hovanec  -                                                              
agreed  they want  to get  to federal  compliance especially  with                                                              
the national  data base. SB 149  would take large portions  of the                                                              
Alaska's  current  mortgage  licensing  statute and  put  it  into                                                              
regulation  that would, then,  be in  compliance with  the federal                                                              
Secure Fair  enforcement  for Mortgage Licensing  Act (SAFE)  that                                                              
was  enacted and  signed  about a  month  after Alaska's  mortgage                                                              
licensing bill went into effect.                                                                                                
                                                                                                                                
2:29:20 PM                                                                                                                    
SENATOR THOMAS  moved to adopt  CSSB 149 version\E  for discussion                                                              
purposes. There were no objections and it was so ordered.                                                                       
                                                                                                                                
2:30:41 PM                                                                                                                    
LORIE  HOVANEC,  Director,  Division of  Banking  and  Securities,                                                              
Department  of Commerce,  Community &  Economic Development,  said                                                              
she was very happy with the language in the CS to SB 149.                                                                       
                                                                                                                                
2:32:56 PM                                                                                                                    
Rather  than  having  the general  authority  to  create  regulate                                                              
mortgage lending,  which is  in AS 06.01.050  starting on  page 1,                                                              
at the Legislature's  direction they added a lot  of federal "nuts                                                              
and  bolts"  requirements.  The  CS  adds  various  sections  with                                                              
background   checks,   investigation,    education   requirements,                                                              
testing  requirements,  issuance  of  a  license  -  duration  and                                                              
renewal  standards, surrender  of  license, licensee  obligations,                                                              
records  that  mortgage  licensees   are  required  to  keep,  and                                                              
disciplinary  actions  that the  division  has available.  Page  7                                                              
outlines the  investigation and  examination authority  in detail.                                                              
The section on  duties and restrictions and  prohibited activities                                                              
are  mostly taken  from current  law,  but items  3-15 were  added                                                              
from  the SAFE  Act.  More specifics  on  criminal penalties  were                                                              
added  along   with  civil   penalties  addressing   unfair  trade                                                              
practices.                                                                                                                      
                                                                                                                                
2:35:46 PM                                                                                                                    
CHAIR  PASKVAN  asked  if  there are  time  requirements  for  the                                                              
committee to consider.                                                                                                          
                                                                                                                                
MS. HOVANEC  replied that the  federal statutes require  enactment                                                              
by July  30, 2009.  The department also  needs authority  from the                                                              
Legislature  to join the  National Mortgage  Licensing System  and                                                              
Registry  (NMLSR)  so  that  the   division  can  start  licensing                                                              
mortgage loan originators  through it. They are  scheduled to join                                                              
that system  on August 1,  2009. Section 13  on the last  page has                                                              
an effective date  language of July 30 for certain  portions. They                                                              
also have to pay a $50,000-one time fee to participate.                                                                         
                                                                                                                                
2:37:07 PM                                                                                                                    
SENATOR  BUNDE said  earlier this  year  the licensing  division's                                                              
workload was  backed up under just  the state's law, and  asked if                                                              
she  thought  there  was  enough  lead  time  for  people  to  get                                                              
licensed in  a timely fashion  now that  they have to  be licensed                                                              
on the federal level as well.                                                                                                   
                                                                                                                                
MS.  HOVANIK replied  yes. She  explained  that current  licensees                                                              
have  even more  time  than  a brand  new  applicant  who will  be                                                              
seeking a  license. "I  think the  way the  statute is  written is                                                              
very fair."                                                                                                                     
                                                                                                                                
2:38:22 PM                                                                                                                    
PATRICE WALSH,  Consumer  Finance Chief,  Division of Banking  and                                                              
Securities,   Department  of   Commerce,   Community  &   Economic                                                              
Development,  said she  was available  to answer  questions on  SB
149.                                                                                                                            
                                                                                                                                
SENATOR  THOMAS asked  if anything  corrects issues  like the  one                                                              
from Countrywide  that was licensing  people as insurance  agents,                                                              
but they were doing other things like mortgage lending as well.                                                                 
                                                                                                                                
MS. WALSH said she wasn't familiar with that issue.                                                                             
                                                                                                                                
2:39:52 PM                                                                                                                    
JOHN MARTIN,  President, Alaska  Association of Mortgage  Brokers,                                                              
said he  is a mortgage Licensee  and originator Licensee  under AS                                                              
06.60  mortgage licensing  law.  He explained  that some  entities                                                              
under current  law were  exempt from  being licensed under  Alaska                                                              
law, and  Countrywide ended up becoming  a bank. So  under federal                                                              
regulations, they  were exempt from the state's  current AS 06.60.                                                              
They would have  to apply for an exemption for that  and he didn't                                                              
know that they had - or some of the other banks either.                                                                         
                                                                                                                                
He  said that  the Alaska  Association of  Mortgage Brokers  along                                                              
with  the Alaska  Mortgage Bankers  Association were  instrumental                                                              
and  heavily  involved  in  the   creation  of  Alaska's  existing                                                              
statute.  It  took two  years  of  concentrated work  and  working                                                              
closely with  the Division of Banking  to update the  statutes. He                                                              
explained  that Congress  enacted  the  SAFE Act  as  part of  the                                                              
Housing and  Recovery Act of 2008,  which is why the  current bill                                                              
is  before  them.   Generally  states  are  free   to  regard  the                                                              
requirements  of the SAFE  Act as  a floor,  not a ceiling,  which                                                              
they  may   build  on   in  enacting   their  own  licensing   and                                                              
registration laws.  The SAFE Act encourages states  to establish a                                                              
National Mortgage  Licensing System  and Registry to  be developed                                                              
and maintained  by the  Conference of  State Bank Supervisors  and                                                              
the  American  Association  of  Residential  Mortgage  Regulators.                                                              
Alaska  signed a  letter of  intent  to join  the organization  on                                                              
August 1, 2009.                                                                                                                 
                                                                                                                                
It's intended to  streamline the licensing process  and reduce the                                                              
regulatory  burden.  While  the   states  must  meet  the  federal                                                              
requirements of  SAFE, overall responsibility  for interpretation,                                                              
implementation and  compliance with it rests with HUD.  Title 5 of                                                              
the  Act  for mortgage  licensing  affirms  that  any  residential                                                              
mortgage  loan  originator  must   be  either  state  licensed  or                                                              
registered by August 1, 2009.                                                                                                   
                                                                                                                                
MR.  MARTIN   explained  that  under   section  15.08,   HUD  must                                                              
determine  if  the  state  has met  the  requirements  of  Section                                                              
15.05,  15.06, 15.08(d)  or that  it does not  participate  in the                                                              
National Mortgage Licensing System and Registry.                                                                                
                                                                                                                                
2:45:43 PM                                                                                                                    
CHAIR  PASKVAN  called  an  at   ease  because  of  teleconference                                                              
technical difficulties.                                                                                                         
                                                                                                                                
2:48:35 PM                                                                                                                    
CHAIR  PASKVAN called  the  meeting  back to  order  at 2:48,  and                                                              
continued by asking how all 50 states could comply by August 1.                                                                 
                                                                                                                                
MR. MARTIN explained  the SAFE Act provided a waiver  for up to 24                                                              
months for  states that  show a good  faith effort for  compliance                                                              
by August  1, 2009. He  said that compliance  was mandated  by the                                                              
SAFE Act,  but no  funds were  provided for  it. With  the state's                                                              
existing law and  joining NMLSR, it will be able  to get a waiver.                                                              
Forty  other states  are working  on legislation;  just nine  have                                                              
enacted legislation  so far. AS 06.60 substantially  conforms with                                                              
the   SAFE  Act;   in  fact   it   references  Alaska's   statutes                                                              
frequently.                                                                                                                     
                                                                                                                                
2:50:36 PM                                                                                                                    
He asked them  to hold the bill,  so if any changes  are needed to                                                              
the new  CS, they  can do  them in a  couple of  days and  get the                                                              
bill passed this year.                                                                                                          
                                                                                                                                
2:53:56 PM                                                                                                                    
LOUANNE WEYHRAUCH,  Assistant Attorney General, Department  of Law                                                              
(DOL) representing  the Division  of Banking and  Securities, said                                                              
she  would take  questions  today and  reserve  her comments.  She                                                              
said that Julia  Coster, Assistant Attorney General,  who works in                                                              
the  Consumer Protection  Division of  DOL was  also available  to                                                              
answer questions.                                                                                                               
                                                                                                                                
2:54:47 PM                                                                                                                    
SENATOR BUNDE  asked if  they supported the  changes in  version E                                                              
of SB 149.                                                                                                                      
                                                                                                                                
2:55:19 PM                                                                                                                    
JULIA COSTER, Consumer  Protection Unit, Department  of Law (DOL),                                                              
said she  had a small  provision in section  9 (page 35,  line 10)                                                              
is  a repeal  of AS  45.50.471(b)(52)  referring  to the  Consumer                                                              
Protection Act. This  provision makes a violation  of the Mortgage                                                              
Lending Act  a violation of the  Consumer Protection Act  as well.                                                              
The  DOL  doesn't  necessarily   object  to  the  repeal  of  this                                                              
section,  but they  wanted the  committee to  consider adopting  a                                                              
letter of intent relating to it.                                                                                                
                                                                                                                                
MS. COSTER  said if  they are going  to hold  the bill  anyway, it                                                              
might be  good to  wait until  the committee  has the  language of                                                              
the letter of intent  before it first; then she  could discuss why                                                              
she thought it was necessary.                                                                                                   
                                                                                                                                
CHAIR PASKVAN agreed with her and held SB 149 for further work.                                                                 
                                                                                                                                
2:58:44 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair Paskvan adjourned the meeting at 2:58 p.m.                                                                                
                                                                                                                                
| Document Name | Date/Time | Subjects | 
|---|---|---|
| Governor's Appointments.pdf | 
                    
SL&C       3/26/2009 1:30:00 PM SL&C 3/31/2009 1:00:00 PM  | 
                |
| CSSB 149 version E.pdf | 
                    
SL&C       3/31/2009 1:00:00 PM | 
                
                    
SB 149 | 
            
| SB 149 Bill Packet.pdf | 
                    
SL&C       3/19/2009 1:30:00 PM SL&C 3/31/2009 1:00:00 PM  | 
                
                    
SB 149 | 
            
| SB 60 Bill Packet.pdf | 
                    
SL&C       3/24/2009 1:30:00 PM SL&C 3/31/2009 1:00:00 PM SL&C 4/16/2009 1:00:00 PM  | 
                
                    
SB  60 | 
            
| SB 170 Bill Packet.pdf | 
                    
SL&C       3/31/2009 1:00:00 PM | 
                
                    
SB 170 |