Committee advances two trust bills and a courthouse phone bill; three measures pass out of Judiciary Committee

The Senate Judiciary Committee on Thursday passed three bills after brief presentations and unanimous voice votes.

House Bill 1431: The committee approved a bill allowing trustees of irrevocable trusts to amend basic terms of the trust without court approval, a practice commonly called "decanting." The sponsor said the change would save beneficiaries court costs, allow updating of outdated trusts and reduce court filings; the committee approved the bill on a motion by Senator Rice and a second from Senator Gilmore.

House Bill 1394: The committee passed a bill permitting domestic asset protection trusts that permit the trust creator to be a beneficiary if the trust is not established to hinder or defraud creditors and a third‑party trustee controls distributions. The sponsor noted roughly 20 states allow such trusts; the motion to pass was made by Senator Gilmore and seconded by Senator McKee.

Senate Bill 399: After the committee suspended the rules to take up Senate Bill 399, Senator Clark explained the bill would generally allow people to keep cell phones in courthouse buildings while preserving judges’ authority to control courtroom behavior and to restrict broadcasting. Clark said the change would help people who must be reachable while attending court for hours, such as attorneys and staff. Senator Tucker raised a separation‑of‑powers question, concerned judicial procedures belong to the judiciary; Clark said judges would retain courtroom control. The committee voted to pass SB 399 on a motion by Senator Clark with a second from Senator Gilmore.

Votes at a glance: All three measures were approved by voice vote with no recorded opposition in committee; formal roll-call tallies were not recorded in the transcript. The bills will move forward per the Senate’s committee process.

The committee adjourned after completing business.