Legislature(2009 - 2010)BUTROVICH 205

04/09/2010 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 386 CITATIONS TELECONFERENCED
Moved CSHB 386(FIN) Out of Committee
+= HB 108 PROP. FORECLOSURE/EXECUTION/TRUST DEEDS TELECONFERENCED
Moved SCS CSHB 108(JUD) Out of Committee
+= HB 52 POST-TRIAL JUROR COUNSELING TELECONFERENCED
Moved HB 52 Out of Committee
+= HJR 48 CRIME VICTIMS FUND PRESERVATION ACT TELECONFERENCED
Moved HJR 48 Out of Committee
+ HB 253 MECHANIC/MATERIALMEN LIENS TELECONFERENCED
Heard & Held
+ HB 287 UNIFORM ACT: PROPERTY INTEREST DISCLAIMER TELECONFERENCED
Heard & Held
+ HB 251 VEHICLE LIENS/TOWING/STORAGE/TRANSPORT TELECONFERENCED
Heard & Held
+ HB 355 CRIMINAL FINES FOR ORGANIZATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 190 BIOMETRIC INFORMATION FOR ID
Moved CSSB 190(JUD) Out of Committee
        HB 287-UNIFORM ACT: PROPERTY INTEREST DISCLAIMER                                                                    
                                                                                                                                
CHAIR  FRENCH  announced  the  consideration  of  HB  287.  [CSHB
287(JUD) was before the committee.]                                                                                             
                                                                                                                                
9:20:47 AM                                                                                                                    
GRETCHEN STAFT,  Staff to Representative  Max Gruenberg,  said HB
287  makes  it   easier  to  disclaim  a   property  interest.  A                                                               
disclaimer occurs when  a person who is left  a property interest                                                               
in a  will or trust  says for any reason,  "I don't want  it." HB
287 establishes  the rules  by which a  property interest  can be                                                               
disclaimed and  establishes where  that disclaimed  interest will                                                               
go.  The   Uniform  Disclaimer  of  Property   Interest  Act  was                                                               
promulgated in 1999 and this legislation updates the Act.                                                                       
                                                                                                                                
9:23:03 AM                                                                                                                    
MS. STAFT  said the  only substantive change  to the  uniform act                                                               
relates to  child support on  page 9, lines 9-15.  This provision                                                               
would bar  a disclaimer  to the extent  that the  disclaimant may                                                               
have child  support obligations. The sponsor's  reasoning is that                                                               
it's bad  public policy to  allow somebody to disclaim  a bequest                                                               
when they have a child who  needs financial support. The bill has                                                               
not been controversial, she said.                                                                                               
                                                                                                                                
TERRY  THURBON,   Chief  Administrative  Law  Judge,   Office  of                                                               
Administrative Hearing, Department  of Administration (DOA), said                                                               
she  is  an  Alaska  delegation   commissioner  to  the  National                                                               
Conference of  Commissioners on Uniform  State Laws.  She related                                                               
that   despite  the   child  support   provision,  the   national                                                               
conference has  characterized HB 287 as  substantially similar to                                                               
the uniform  bill and has  no concern with  it being titled  as a                                                               
Uniform Act.                                                                                                                    
                                                                                                                                
CHAIR  FRENCH asked  if she  knows why  the national  Uniform Act                                                               
doesn't contain a provision that relates to child support.                                                                      
                                                                                                                                
MS.  THURBON  replied  she  isn't sure  that  some  other  states                                                               
haven't entertained a similar variance.  She opined that now that                                                               
it's been  brought to the  attention of the  national conference,                                                               
that exception might be included when the Act is next revised.                                                                  
                                                                                                                                
9:26:10 AM                                                                                                                    
SENATOR COGHILL  offered the view  that the disclaimant  might be                                                               
under some  duress and asked  if other protections exist  so that                                                               
they   don't   disclaim    their   interest   before   thoroughly                                                               
understanding what it is they're disclaiming.                                                                                   
                                                                                                                                
MS.  THURBON  said the  disclaimant  isn't  necessarily a  person                                                               
under duress  and she suspects  there are  sufficient protections                                                               
in law against coercion.                                                                                                        
                                                                                                                                
SENATOR COGHILL  said he's just  looking for  protections against                                                               
mischief or fraud.                                                                                                              
                                                                                                                                
9:28:47 AM                                                                                                                    
DAVE SHAFTEL,  representing himself, said  he is an  attorney who                                                               
works in  the area of  estate planning and  trust administration.                                                               
He  is a  member  of an  informal group  of  attorneys and  trust                                                               
officers who  have been working  with the Legislature  since 1997                                                               
to recommend provisions to improve  the Alaska law. This bill was                                                               
first  introduced several  years ago  and  his group  has had  an                                                               
opportunity  to study  it and  consult  with a  law professor  at                                                               
Florida State University who has  written a number of articles on                                                               
the   Uniform  Act.   The  professor   made  several   procedural                                                               
recommendations to improve  the Act and those  have been included                                                               
in this bill.                                                                                                                   
                                                                                                                                
MR. SHAFTEL said  that in 35 years of practice  in this area he's                                                               
never had a  client disclaim because they were trying  to get out                                                               
of some other  obligation. Most of the disclaimers are  used as a                                                               
tool for  postmortem planning,  to help  rearrange things  when a                                                               
family agrees  that the planning  didn't as well as  they wanted.                                                               
Disclaimers can also  be used for tax purposes,  because a spouse                                                               
was  left out  of the  will,  or because  the disclaimant  wanted                                                               
their children to receive the property interest.                                                                                
                                                                                                                                
9:31:37 AM                                                                                                                    
Addressing  Senator Coghill's  concern,  he said  the courts  are                                                               
sensitive to the fact that  some people take advantage of others.                                                               
This  is particularly  true in  the  area of  estates and  trusts                                                               
because  often you're  dealing with  elderly  people. Alaska  law                                                               
provides good remedies for this.                                                                                                
                                                                                                                                
9:34:52 AM                                                                                                                    
CHAIR FRENCH closed public testimony  and announced he would hold                                                               
HB 287 in committee.                                                                                                            
                                                                                                                                

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