CSHB 449(STA) - ROTH IRA EXEMPTION CHAIRMAN LEMAN brought CSHB 449(STA) before the committee as the next order of business. JOE BALASH, staff to Representative Gene Therriault, said that under the Alaska Exemptions Act, certain retirement plans are protected from creditor claims, however, it does so by listing each type of retirement plan by reference to the Internal Revenue Code section that governs that plan. HB 449 will expand the list to include the newly created Roth IRA. MR. BALASH pointed out that this new category of IRA has certain benefits to those people who would like to set money aside for retirement purposes. They would no longer be tax exempt accounts because the taxes would be paid up front. He said it is a great opportunity to convert all future IRA account earnings into tax free income and spread the current tax bite over a four-year period. However, those Alaskans who take advantage of this are removing their assets from the list of those protected under state law from creditor claims. MR. BALASH related that this option is available only during 1998. Beginning in 1999, distributions from IRA accounts that are rolled into Roth IRAs will be fully taxed in the year of the roll over. In order for Alaskans to maintain their protection, while taking advantage of this opportunity, legislation must be passed this session. WILLIS KIRKPATRICK, Director, Division of Banking, Securities and Corporations, Department of Commerce & Economic Development, testifying in support of HB 499, said he wanted to stress that those people that are currently in an IRA (section 408), have the opportunity to convert to a 408A. The investor may not know that without this law they are converting from an exempt IRA to one that isn't an exempt IRA. HB 449 will correct that by making them both exempt. There being further testimony on HB 449, CHAIRMAN LEMAN asked for the pleasure of the committee. SENATOR KELLY moved CSHB 449(STA) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.