Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/03/2013 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 65 RETIREMENT PLANS; ROTH IRAS; PROBATE TELECONFERENCED
Heard & Held
+ HB 9 SECURED TRANSACTIONS AND FUNDS TRANSFERS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= HB 69 EXEMPT FIREARMS FROM FEDERAL REGULATION TELECONFERENCED
Moved SCS CSHB 69(JUD) Out of Committee
+= HB 83 FEDERAL LAWS & EXECUTIVE ORDERS TELECONFERENCED
Moved CSHB 83(JUD) Out of Committee
          SB  65-RETIREMENT PLANS; ROTH IRAS; PROBATE                                                                       
                                                                                                                                
2:35:57 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of SB  65. "An Act relating  to property exemptions                                                               
for retirement  plans, individual  retirement accounts,  and Roth                                                               
IRAs;  relating  to  transfers of  individual  retirement  plans;                                                               
relating  to  the rights  of  judgment  creditors of  members  of                                                               
limited  liability companies  and partners  of limited  liability                                                               
partnerships;  relating to  the Uniform  Probate Code,  including                                                               
pleadings,  orders,  liability,  and notices  under  the  Uniform                                                               
Probate  Code  and  the  Alaska Principal  and  Income  Act,  the                                                               
appointment  of  trust  property,   the  Alaska  Uniform  Prudent                                                               
Investor Act, co-trustees, trust  protectors, and trust advisors;                                                               
relating to the Alaska Principal  and Income Act; relating to the                                                               
Alaska  Uniform   Transfers  to  Minors  Act;   relating  to  the                                                               
disposition  of human  remains; relating  to insurable  interests                                                               
for  certain  insurance  policies; relating  to  restrictions  on                                                               
transfers   of  trust   interests;   relating  to   discretionary                                                               
interests  in  irrevocable  trusts;  relating  to  the  community                                                               
property of married  persons; and amending Rule  64, Alaska Rules                                                               
of Civil Procedure, and Rule 301(a), Alaska Rules of Evidence."                                                                 
                                                                                                                                
CHAIR COGHILL  moved to adopt  the proposed  committee substitute                                                               
(CS), labeled 28-LS0473\O. He explained  that it removes what was                                                               
Section 37 in version C, and asked if there was objection.                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI asked what Section 37 did.                                                                                 
                                                                                                                                
2:37:41 PM                                                                                                                    
CHAD HUTCHINSON, Staff,  Senator John Coghill, sponsor  of SB 65,                                                               
explained that  Section 37  amends AS  21.09.210(m). He  read the                                                               
subsection (m) as follows:                                                                                                      
                                                                                                                                
          (m) The tax imposed under this section for a                                                                      
     single[AN  INDIVIDUAL] life insurance policy  or for a                                                            
     group or other type of  policy that insures the life of                                                                
     one or more  individuals shall be computed  at the rate                                                                
     of                                                                                                                         
                  (1) 2.7 percent of policy year premium up                                                                     
     to $100,000; and                                                                                                           
                  (2) one-tenth of one percent of policy                                                                        
     year premium exceeding $100,000.                                                                                           
                                                                                                                                
MR.  HUTCHINSON deferred  to  Beth Chapman  or  David Shaftel  to                                                               
explain what that means and why it was eliminated.                                                                              
                                                                                                                                
CHAIR  COGHILL said  the  policy  call was  to  avoid the  fiscal                                                               
impact this year.                                                                                                               
                                                                                                                                
MR. HUTCHINSON agreed,  and added that it could be  taken up in a                                                               
separate bill in the future.                                                                                                    
                                                                                                                                
2:38:51 PM                                                                                                                    
CHAIR COGHILL  found no objection  and stated that version  O was                                                               
before the  committee. He  directed attention  to the  new fiscal                                                               
note,  and  stated his  intention  to  take  action on  the  bill                                                               
tomorrow.                                                                                                                       
                                                                                                                                
2:39:46 PM                                                                                                                    
MR.  HUTCHINSON  addressed   the  question  Senator  Wielechowski                                                               
raised  during  the last  hearing  regarding  the single  subject                                                               
rule.   He   explained   that  he   corresponded   with   Senator                                                               
Wielechowski's office and sent a  legal opinion that was prepared                                                               
by Representative Thompson for House  Bill 292. It was introduced                                                               
last year and was substantially  similar to SB 65. Mr. Hutchinson                                                               
said  he,  too, reviewed  the  opinion  and cross-referenced  the                                                               
cases stated in the memorandum on the Westlaw database.                                                                         
                                                                                                                                
He  highlighted  that  the  single   subject  rule  has  a  broad                                                               
interpretation, and an act generally  qualifies under the rule as                                                               
long as there  is a logical connection  or popular understanding.                                                               
The  Alaska Supreme  Court has  heard  eight of  these cases  and                                                               
seven  were  deemed  to  have  qualified  because  of  the  broad                                                               
interpretation. The  case that did  not qualify under  the single                                                               
subject  rule  tried  to  include  both oil  taxes  and  a  clean                                                               
election program. He opined that  SB 65 would qualify because the                                                               
subjects  all  address  trusts and  family  or  estate  financial                                                               
planning matters.                                                                                                               
                                                                                                                                
2:42:16 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  the  opinion  that Legislative  Legal                                                               
Services issued  certainly raises the question  about whether the                                                               
bill  violates   the  single  subject  rule.   He  suggested  the                                                               
committee could manage the risk  by removing the offending parts.                                                               
He warned  that some attorney would  challenge it if there  was a                                                               
lot of money involved.                                                                                                          
                                                                                                                                
2:43:49 PM                                                                                                                    
DAVID  SHAFTEL, Attorney,  Anchorage, Alaska,  said the  group of                                                               
estate planning attorneys  and trust officers that  has worked to                                                               
improve the laws in this  area has received similar opinions from                                                               
Legislative Legal  Services nearly  every time  a bill  like this                                                               
has been introduced. One particular  attorney feels an obligation                                                               
to  bring  the  issue  up   because  it  is  a  possibility.  Mr.                                                               
Hutchinson  and  other  attorneys  believe that  it  won't  be  a                                                               
problem, and  the Supreme Court has  taken a broad view  on these                                                               
challenges.  He acknowledged  that there  was a  small risk  that                                                               
some  attorney would  make  an  argument in  the  future, but  it                                                               
wasn't a realistic concern. The  bill has 17 subjects but they're                                                               
all related to family and estate planning.                                                                                      
                                                                                                                                
2:48:02 PM                                                                                                                    
CHAIR COGHILL asked  if he had been working in  this venue for 16                                                               
years.                                                                                                                          
                                                                                                                                
MR. SHAFTEL clarified that he  began working with the legislature                                                               
in 1997, but he's been practicing in Alaska for about 40 years.                                                                 
                                                                                                                                
CHAIR COGHILL asked if the single  subject rule had always been a                                                               
topic of conversation.                                                                                                          
                                                                                                                                
MR. SHAFTEL said yes.                                                                                                           
                                                                                                                                
CHAIR COGHILL asked if there had been a court challenge.                                                                        
                                                                                                                                
MR. SHAFTEL  said not in the  area of estate planning  and estate                                                               
and trust administration.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  said it's  a risk but  he wouldn't  push it                                                               
any further.                                                                                                                    
                                                                                                                                
2:50:10 PM                                                                                                                    
CHAIR COGHILL said he intended to have a sectional analysis at                                                                  
the next hearing.                                                                                                               
                                                                                                                                
He held SB 65 in committee.                                                                                                     

Document Name Date/Time Subjects
HB9-(28-LS0035-N).pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Sectional.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9- Sectional Summary by Leg Legal.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9-Sponsor Statement(1).pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Spporting Document- UCC Article 9 Amendments (2010) Summary.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Document- UCC Article 4A Amendments (2012) Summary.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Document- UCC Article 4A Amendments Legislative Fact Sheet.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Document- UCC Article 9 Amendments Legislative Fact Sheet.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9 Supporting Documents- Letter Joe Everhart 1-28-13.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9- Fiscal Note-DNR-REC-2-15-13.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
HB9- Fiscal Note- LAW-CIV-02-15-13.pdf SJUD 4/3/2013 1:30:00 PM
HB 9
Federal Litigation for 2008 to Present from DOL.pdf SJUD 4/3/2013 1:30:00 PM
HB 83
SB065CS(JUD)-DCCED-DOI-04-02-13.pdf SJUD 4/3/2013 1:30:00 PM
SB 65