Legislature(2011 - 2012)HOUSE FINANCE 519

03/30/2011 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 8 FEDERAL REGULATIONS & EXECUTIVE ORDERS TELECONFERENCED
Moved CSHB 8(FIN) Out of Committee
+ HB 10 NONCOMMERCIAL TRAILER REGISTRATION FEE TELECONFERENCED
Scheduled But Not Heard
+ HB 64 PERMANENT MOTOR VEHICLE REGISTRATION TELECONFERENCED
Scheduled But Not Heard
+ HB 105 SOUTHEAST STATE FOREST TELECONFERENCED
Moved Out of Committee
+ HB 140 APPROP: COMMUNITY QUOTA ENTITY LOAN FUND TELECONFERENCED
Heard & Held
+ HB 141 LOANS TO COMMUNITY QUOTA ENTITIES/PERMITS TELECONFERENCED
Heard & Held
+= HB 164 INSURANCE: HEALTH CARE & OTHER TELECONFERENCED
Scheduled But Not Heard
+ HB 103 POWER PROJECT; ALASKA ENERGY AUTHORITY TELECONFERENCED
Scheduled But Not Heard
+ HB 104 ALASKA PERFORMANCE SCHOLARSHIPS TELECONFERENCED
Scheduled But Not Heard
+ HB 120 AIDEA: NEW MARKETS TAX CREDIT PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ HB 121 LOAN FUNDS:CHARTERS/MARICULTURE/MICROLOAN TELECONFERENCED
Scheduled But Not Heard
+ HB 125 ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Scheduled But Not Heard
+ HB 150 PROTECTION OF VULNERABLE ADULTS/MINORS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 150                                                                                                            
                                                                                                                                
     "An  Act  relating to  the  protection  of property  of                                                                    
     persons under  disability and  minors; relating  to the                                                                    
     crime  of  violating   a  protective  order  concerning                                                                    
     certain  vulnerable  persons; relating  to  aggravating                                                                    
     factors at sentencing for  offenses concerning a victim                                                                    
     65  years  or  older;  relating to  the  protection  of                                                                    
     vulnerable  adults; amending  Rule 12(h),  Alaska Rules                                                                    
     of  Criminal  Procedure;  amending Rule  45(a),  Alaska                                                                    
     Rules of  Criminal Procedure; amending Rule  65, Alaska                                                                    
     Rules  of Civil  Procedure;  amending  Rule 17,  Alaska                                                                    
     Rules  of Probate  Procedure; amending  Rule 9,  Alaska                                                                    
     Rules   of  Administration;   and   providing  for   an                                                                    
     effective date."                                                                                                           
                                                                                                                                
3:43:42 PM                                                                                                                    
                                                                                                                                
DUANE  MAYES, DIRECTOR,  DIVISION OF  SENIOR AND  DISABILITY                                                                    
SERVICES,   DEPARTMENT  OF   HEALTH  AND   SOCIAL  SERVICES,                                                                    
explained  that   HB  150  related  to   the  protection  of                                                                    
"vulnerable adults,"  who were  identified as  Alaskans with                                                                    
disabilities  over  the age  of  65.  The bill  specifically                                                                    
related to the  protection of property and  the violation of                                                                    
a   protective  order.   He   communicated  that   financial                                                                    
exploitation of  elder and other vulnerable  populations was                                                                    
increasing  along  with  the   growth  in  Alaska's  elderly                                                                    
population.   The   Department   of  Labor   and   Workforce                                                                    
Development estimated  that there were  approximately 50,000                                                                    
or more adults  that were aged 60 and older;  the number was                                                                    
expected  to  change to  approximately  80,000  by 2017.  He                                                                    
delineated that the legislation  would strengthen Alaska law                                                                    
to increase  the protection of  elders and  other vulnerable                                                                    
adults   against  fraud   and  financial   exploitation.  He                                                                    
stressed that  vulnerable adults  needed assistance  to stop                                                                    
the theft of their money.                                                                                                       
                                                                                                                                
Mr.  Mayes   detailed  that  the  bill   would  address  the                                                                    
difficulty that  victims had with  accessing the  courts and                                                                    
would  help them  to obtain  prompt and  inexpensive relief.                                                                    
Two frustrations that  victims had with the  courts would be                                                                    
solved   under  the   legislation:   First,  the   temporary                                                                    
conservatorship provisions  of HB 150 would  help victims of                                                                    
financial exploitation who may not  need a guardian, but who                                                                    
needed  assistance  to stop  the  immediate  theft of  their                                                                    
money.  The  temporary  conservatorship procedure  would  be                                                                    
similar to  the existing  temporary guardian  procedure; the                                                                    
victim  would retain  autonomy  while receiving  assistance,                                                                    
which would  enhance their ability  to stop  exploitation or                                                                    
loss before they suffered irreparable  harm. Second, the "ex                                                                    
parte" relief was similar to  the existing domestic violence                                                                    
protection  law   and  would  allow  vulnerable   adults  to                                                                    
independently   obtain  straightforward,   expedited  relief                                                                    
without   an  attorney,   from  any   magistrate  or   judge                                                                    
throughout Alaska.                                                                                                              
                                                                                                                                
Mr.  Mayes  described that  HB  150  would amend  the  Adult                                                                    
Protective  Services statutes  to enhance  the investigative                                                                    
authority of vulnerable adults and  would expand the list of                                                                    
mandatory reporters  to include nursing home  employees. The                                                                    
bill  included "undue  influence"  language  related to  the                                                                    
mistreatment of a vulnerable adult by a person of trust.                                                                        
                                                                                                                                
Co-Chair   Stoltze  asked   whether   the  undue   influence                                                                    
provision was similar to the  standard that had been applied                                                                    
in the Satch Carlson case,  which had focused on a teacher's                                                                    
sexual exploitation of a student in  his role as a person of                                                                    
trust. Mr. Mayes responded in the affirmative.                                                                                  
                                                                                                                                
Mr. Mayes  summarized that the bill  would enhance penalties                                                                    
in criminal cases related to  the abuse of vulnerable adults                                                                    
and would  provide the  State of  Alaska with  the necessary                                                                    
tools  to  combat the  growing  problem  of financial  abuse                                                                    
against the elderly and disabled population.                                                                                    
                                                                                                                                
3:49:52 PM                                                                                                                    
                                                                                                                                
PAT  LUBY,  ADVOCACY   DIRECTOR,  AMERICAN  ASSOCIATION  FOR                                                                    
RETIRED PERSONS, vocalized the  organization's support of HB
150.  He stated  that the  abuse and  exploitation of  older                                                                    
adults was  unfortunate and often  times the offender  was a                                                                    
family  member,  trusted  advisor, or  caregiver.  The  bill                                                                    
increased  mandated reporters,  including lower-level  staff                                                                    
in long-term  care facilities. The  use of  conservators was                                                                    
expanded  and  included  temporary  conservators  that  were                                                                    
available  on an  emergency basis.  The fastest  growing age                                                                    
group nationwide was  adults over the age of 85  and was the                                                                    
most likely group to be subjected  to some type of abuse. He                                                                    
voiced that HB 150 would not  solve all of the problems, but                                                                    
that it would  be helpful. He pointed out that  the title of                                                                    
the bill included the age of 65  and page 8, line 9 and page                                                                    
11,  lines  8  and  16  used the  age  60.  He  thought  the                                                                    
committee may  want to determine  whether the two  ages were                                                                    
necessary. He  reiterated the organization's support  of the                                                                    
bill  that  would  help  vulnerable  adults,  children,  and                                                                    
individuals with disabilities.                                                                                                  
                                                                                                                                
Representative  Guttenberg asked  whether the  definition of                                                                    
"vulnerable  adult" was  broad enough  to cover  all of  the                                                                    
necessary   circumstances.  Mr.   Luby   replied  that   the                                                                    
organization relied on and  respected the attorney general's                                                                    
ability to provide the best definition.                                                                                         
                                                                                                                                
SCOTT STERLING, SUPERVISORY ATTORNEY,  OFFICE OF ELDER FRAUD                                                                    
AND  ASSISTANCE, OFFICE  OF PUBLIC  ADVOCACY, DEPARTMENT  OF                                                                    
ADMINISTRATION    (via   teleconference),    supported   the                                                                    
legislation.  He   discussed  that  the  Office   of  Public                                                                    
Advocacy had  contributed to the  provisions related  to the                                                                    
temporary   conservatorship   and  protective   orders   for                                                                    
financial exploitation.  He noted that Kelly  Henriksen with                                                                    
DOL had  been involved in  the other provisions of  the bill                                                                    
related  to   adult  protective  services  and   other.  The                                                                    
temporary  conservatorship  program  was intended  to  be  a                                                                    
mirror of  the existing temporary guardianship  provision in                                                                    
AS  Title 13;  the  current provision  existed  in order  to                                                                    
provide courts  with express statutory authority  to appoint                                                                    
temporary  conservators  to  prevent immediate  or  imminent                                                                    
financial harm to  a vulnerable adult. The  court system had                                                                    
expressed   reservations  about   its  authority   to  issue                                                                    
temporary conservatorships  because they were  not currently                                                                    
allowed in  Alaska statute;  the proposed  legislation would                                                                    
eliminate the problem.                                                                                                          
                                                                                                                                
Mr.  Sterling  communicated  that the  financial  protection                                                                    
orders  were intended  to permit  inexpensive and  expedited                                                                    
relief  without  the  need  to hire  an  attorney  and  were                                                                    
similar to  existing orders that were  available to domestic                                                                    
violence  victims. He  explained that  in his  profession it                                                                    
was   generally   accepted    that   fraud   and   financial                                                                    
exploitation  were a  form of  domestic  violence. The  bill                                                                    
would   permit   any    citizen   aggrieved   by   financial                                                                    
mistreatment  to  apply  for relief  from  the  exploitation                                                                    
before a judge  or magistrate without the  involvement of an                                                                    
attorney; however,  the bill did  not prevent  citizens from                                                                    
using an attorney.  The goal was to provide  people with the                                                                    
ability to put  a stop to exploitation that  had become more                                                                    
prevalent  due  to the  ease  in  which technology  overcame                                                                    
barriers privacy  rights. The purpose  of the  provision was                                                                    
to  offer  statutory  remedies   and  procedures  that  were                                                                    
accessible  and allowed  individuals  to protect  themselves                                                                    
from financial abuse.                                                                                                           
                                                                                                                                
3:57:54 PM                                                                                                                    
                                                                                                                                
Representative Costello wondered  whether identity theft was                                                                    
considered  under   the  definition  of   exploitation.  Mr.                                                                    
Sterling responded  in the affirmative.  He added  that many                                                                    
of the fraud and financial  exploitation cases in the Office                                                                    
of Elder Fraud Assistance had involved identity theft.                                                                          
                                                                                                                                
BETH RUSSO,  SUPERVISORY ATTORNEY, PUBLIC  GUARDIAN SECTION,                                                                    
OFFICE  OF  PUBLIC  ADVOCACY, DEPARTMENT  OF  ADMINISTRATION                                                                    
(via  teleconference), voiced  the agency's  support of  the                                                                    
bill. The  agency believed the  bill would be  a significant                                                                    
aid to  its clients and  any person subject to  a protective                                                                    
proceeding,   and  would   eliminate   the   need  for   the                                                                    
appointment of a public guardian or conservator.                                                                                
                                                                                                                                
BRENDA   MAHLATINI,  PROGRAM   MANAGER,   OFFICE  OF   ADULT                                                                    
PROTECTIVE  SERVICES, DIVISION  OF  SENIOR AND  DISABILITIES                                                                    
SERVICES,  DEPARTMENT OF  HEALTH  AND  SOCIAL SERVICES  (via                                                                    
teleconference),  introduced herself  and was  available for                                                                    
questions.                                                                                                                      
                                                                                                                                
KATHY  MONFREDA,  CHIEF  AND  CRIMINAL  JUSTICE  INFORMATION                                                                    
SYSTEM OFFICER  (CJIS), CRIMINAL RECORDS  AND IDENTIFICATION                                                                    
BUREAU,  DEPARTMENT OF  PUBLIC SAFETY  (via teleconference),                                                                    
explained   that   CJIS   was   responsible   for   database                                                                    
maintenance  for files  such as  protective orders.  She was                                                                    
available to answer questions.                                                                                                  
                                                                                                                                
Co-Chair Stoltze CLOSED public  testimony, but noted that he                                                                    
would reopen it in a future meeting if necessary.                                                                               
                                                                                                                                
HB  150  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 103 - 15 Department of Law Outline of FERC and RCA Oversight.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103 - 14 Department of Law Outline of RCA Regulation.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103(ENE) Sectional Analysis - sequential.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103(ENE) Sectional Analysis - by subject.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103 - 06 Summary of Fiscal Notes.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103 - 03 Governor's Transmittal Letter.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
CSHB104(EDC)Sectional ACPE 3 21 11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB104 Sectional SB43EDC012811 ACPE(2).pdf HFIN 3/30/2011 1:30:00 PM
HB 104
SB 43
SB43 HB104 one pagerFIN2.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
SB 43
HB104 AWIBAPSResolution.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB104 APS Chenault Transmittal.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
2-24_HB120_Bill-NMTC.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
2-24_HB120_HearingInformationSheet.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
2-24_HB120_SectionalAnalysis.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
2-24_HB120_WhitePaper.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
CSHB 121 Sectional Analysis.pdf HFIN 3/30/2011 1:30:00 PM
HFIN 4/4/2011 1:30:00 PM
HB 121
HB 121 - Alaskan Shellfish Grower's Association - Support.pdf HFIN 3/30/2011 1:30:00 PM
HFIN 4/4/2011 1:30:00 PM
HB 121
HB 121 - CCED - Letter of support - SWAMC.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
HB 121 - Shellfish Production Stats - West Coast.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
HB 121 - Treasures of the Tidelands - WA.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
HB 121-CCED-Letter of Support-Taco Loco.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
NCSL Revolving Loan briefing paper.pdf HFIN 3/30/2011 1:30:00 PM
HB 125 Supporting Documents-Related Statutes.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB125 Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB125 Supporting Documents-ABC Sunset Review.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB125 Supporting Documents-LB&A Subcom Rcmndtn ABC Board.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB 150 Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB 150 Summary of changes.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB125-Summary of Changes.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
03-14-11 CTS 15051 John Lucking.pdf HFIN 3/30/2011 1:30:00 PM
HB 150 AARP letter of support.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB 150 Proposed amendment.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB 150 Sectional Analysis 3-25-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB104 Sectional EDC012811 ACPE(2) HB 104.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
CSHB 8 Utah Em. Dom. Article.pdf HFIN 3/30/2011 1:30:00 PM
HB8-NEWFNLAW-CIV-03-18-11.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Supremacy-10th Amend.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 stroke of pen.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 sponsor.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Sectional.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Null & Void article.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 NYC v FCC Syllabus.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 -HR0009A.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Executive Orders Info.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 CFR Costs.pdf HFIN 3/30/2011 1:30:00 PM
CSHB10-NEWFNDOA-DMV-03-18-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 10 AML Letter.pdf HFIN 3/30/2011 1:30:00 PM
HB 10 Explanation of Changes.pdf HFIN 3/30/2011 1:30:00 PM
HB 10 Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Value Added 3.8.2011.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Vicinity Map 12-20-2010.pdf HFIN 3/30/2011 1:30:00 PM
CSHB164(L&C) Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 164
CSHB164(L&C) Sectional Analysis.pdf HFIN 3/30/2011 1:30:00 PM
HB 164
HB 105 Trends Populations Projections 2010-2034.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Transmittal.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 SE Land Summary 2.22.2011.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Public Briefing 1.24.2011.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Parcel Maps 12.20.2010.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Land Ownership and Mill Status.pdf HFIN 3/30/2011 1:30:00 PM
HB141_Sectional_Analysis.pdf HFIN 3/30/2011 1:30:00 PM
HB_141_Sponsor_Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 141 NOAA Alaska Fisheries report 4pgs..pdf HFIN 3/30/2011 1:30:00 PM
HB 127 West Law AK Statutes LAW part 1.pdf HFIN 3/30/2011 1:30:00 PM
HB 127
HB 127 West Law AK Statutes LAW part 2.pdf HFIN 3/30/2011 1:30:00 PM
HB 127
HB104 NEW FN CS(EDC)-EED-ACPE-03-23-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB 78 CS sponsor statement 27-LS0147.T.doc HFIN 3/30/2011 1:30:00 PM
HB 78
HB 078 27-LS0147 changes .T to .R.pdf HFIN 3/30/2011 1:30:00 PM
HB 78
CS WORK DRAFT HB 78 27-LS0147.R.pdf HFIN 3/30/2011 1:30:00 PM
HB 78
03r - HB 078 CS sectional summary 27-LS0147.R.doc HFIN 3/30/2011 1:30:00 PM
HB 78
HB104 NEW FN(EDC)-DOR-TAX-03-29-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB104 NEW FN-DOR-TRS-03-21-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB 164 Support.pdf HFIN 3/30/2011 1:30:00 PM
HB 164
HB 105 Sandor Wright Rogers Testimony.pdf HFIN 3/30/2011 1:30:00 PM
HB 105
HB 105 Wolfe Testimony.pdf HFIN 3/30/2011 1:30:00 PM
HB 105