03/17/2010 01:00 PM House JUDICIARY

       HB 287 - UNIFORM ACT: PROPERTY INTEREST DISCLAIMER                                                                   
                                                                                                                                
1:50:25 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  287, "An  Act relating  to the  adoption of  the                                                               
Uniform  Disclaimer  of  Property   Interests  Act,  and  to  the                                                               
disclaimer of property rights under the Uniform Probate Code."                                                                  
                                                                                                                                
CHAIR  RAMRAS moved  to adopt  the proposed  committee substitute                                                               
(CS) for HB 287, Version  26-LS1300\E, Bannister, 3/17/10, as the                                                               
working  document.   There  being  no  objection, Version  E  was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:50:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, speaking  as  a  joint prime  sponsor,                                                               
explained  that HB  287 addresses  one discrete  issue of  estate                                                               
planning in  which a  person who  is given an  estate asset  in a                                                               
will  or trust  may  wish to  skip (indisc.)  so  it's not  taxed                                                               
twice.   The aforementioned would save  a lot of money  in estate                                                               
taxes.   Currently, there is  one section of the  Uniform Probate                                                               
Code that  addresses the aforementioned,  but it has  become more                                                               
complicated  and sophisticated  since its  adoption in  the early                                                               
1970s.  Therefore,  the commissioners on uniform  state laws have                                                               
updated  it and  enacted  an entire  act on  this  matter.   This                                                               
legislation,  HB  287,  adopts  that  uniform  act,  after  being                                                               
"Alaskanized" by  trust attorneys  [in the  state].   He reminded                                                               
the committee  that when  former Representative  Gabrielle LeDoux                                                               
introduced legislation  addressing this  matter a few  years ago,                                                               
he was  concerned because it  didn't address back  child support.                                                               
The legislation  before the committee today  includes a provision                                                               
by which one can't escape paying  back child support.  He related                                                               
that after recent  discussions, one of the  Alaska provisions was                                                               
removed from  the legislation and  one of the  uniform provisions                                                               
was reinserted.  He said he hadn't heard of any objection to it.                                                                
                                                                                                                                
CHAIR RAMRAS, upon  determining no one wished  to testify, closed                                                               
public testimony.                                                                                                               
                                                                                                                                
1:54:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to report the  proposed committee                                                               
substitute  (CS)  for  HB 287,  Version  26-LS1300\E,  Bannister,                                                               
3/17/10,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.