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HB1339

To Amend The Law Concerning The Rule Against Perpetuities.

Passed

Last Action (April 12, 2023): Notification that HB1339 is now Act 719

Sponsors

AI-Generated Summary

House Bill 1339 amends Arkansas law concerning the 'Rule Against Perpetuities,' which limits the duration for which property interests or powers of appointment may remain nonvested. The primary action of the bill is to extend the statutory time limit for these interests to vest or terminate from 90 years to 365 years. It also updates language regarding the court's authority to reform dispositions that violate this rule and modifies the prospective application date of the statute. Additionally, the bill repeals the section of the code that mandates uniformity of application and construction with other states. By extending this duration, the bill allows for the creation of long-term trusts or property interests that remain valid for over three centuries.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals and families looking to establish 'dynasty trusts' or long-term estate planning vehicles in Arkansas. By extending the rule against perpetuities to 365 years, the bill enables wealthy individuals to maintain control over family assets, real estate, or business interests for multiple generations without the necessity of the assets vesting or being distributed. Trust companies, estate planners, and financial institutions operating in Arkansas may also benefit from the increased appeal of the state as a favorable jurisdiction for long-term wealth management and trust administration.

Who Might Suffer?

Parties who might be negatively impacted include beneficiaries of traditional trusts who may face a significantly longer wait period before acquiring full, unencumbered ownership of assets. Furthermore, the extension of the rule against perpetuities may be viewed as contributing to the concentration of intergenerational wealth, potentially limiting the liquidity of property and assets in the broader market for longer periods. Additionally, legal scholars and proponents of uniform state laws may object to the repeal of the uniformity clause, as it could lead to potential complications or inconsistencies in legal interpretation when compared to other jurisdictions that have adopted the Uniform Statutory Rule Against Perpetuities.

Vote Records

Third Reading

April 6, 2023
Yea: 32 Nay: 0 NV: 1 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Absent
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

April 4, 2023
Yea: 85 Nay: 0 NV: 15 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House NV
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House NV
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House NV
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House NV
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House NV
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House NV
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House NV
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House NV
Cindy Crawford Republican House Yea
Denise Garner Democrat House NV
Tippi McCullough Democrat House NV
Jay Richardson Democrat House Yea
Jamie Scott Democrat House NV
Jim Wooten Republican House Yea
Denise Ennett Democrat House NV
Richard McGrew Republican House Yea
Joy Springer Democrat House NV
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House NV
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Read Full Bill on arkleg.state.ar.us