03/31/2008 01:00 PM House JUDICIARY

SB 101 - GUARDIANSHIP/CONSERVATORS/INCAPACITY                                                                                 
                                                                                                                                
1:32:51 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the only order of  business would be                                                               
CS FOR SENATE  BILL NO. 101(2d L&C), "An Act  relating to private                                                               
professional  conservators,  private  and public  guardians,  and                                                               
court  hearings  on the  issue  of  incapacity; and  establishing                                                               
uniform  adult  guardianship  and  conservator  jurisdiction  and                                                               
procedures."    [Before  the committee  was  the  proposed  House                                                               
committee  substitute  (HCS)  for SB  101,  Version  25-LS0559\T,                                                               
Bullard,  3/24/08,  which  was  adopted  as  the  work  draft  on                                                               
3/27/08.]                                                                                                                       
                                                                                                                                
CHAIR RAMRAS closed public testimony on SB 101.                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  relayed  that  in  a  meeting  between                                                               
himself,  Deborah Behr,  and Ernest  Schlereth, they'd  reached a                                                               
compromise  that  would  address   Mr.  Schlereth's  concerns  as                                                               
expressed during  the hearing  on 3/27/08,  and that  Amendment 1                                                               
reflects that compromise.                                                                                                       
                                                                                                                                
1:34:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  1,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 22, line 17:                                                                                                          
          Insert:                                                                                                               
               "Sec. 13.27.420.  Relation to AS 13.26.                                                                        
     Nothing  in  this  chapter  limits  the  rights  of  an                                                                    
     incapacitated  person available  in  a guardianship  or                                                                    
     conservatorship  proceeding  in  this  state  under  AS                                                                    
     13.26."                                                                                                                    
                                                                                                                                
CHAIR RAMRAS objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE   GRUENBERG  relayed   that  Amendment   1  simply                                                               
provides  notice of  what would  ordinarily be  the rule  anyway,                                                               
that  being that  unless there  is  a specific  provision in  the                                                               
proposed Uniform  [Adult Guardianship and  Protective Proceedings                                                               
Jurisdiction] Act, nothing in [proposed  AS 13.27] is intended to                                                               
limit  the  rights of  an  incapacitated  person available  in  a                                                               
guardianship or conservatorship [proceeding  in this state] under                                                               
AS 13.26.                                                                                                                       
                                                                                                                                
CHAIR RAMRAS removed his objection,  and announced that Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
1:36:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to report  the  proposed  House                                                               
committee  substitute  (HCS)  for SB  101,  Version  25-LS0559\T,                                                               
Bullard, 3/24/08,  as amended, out  of committee  with individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection, HCS  CSSB  101(JUD) was  reported  from the  House                                                               
Judiciary Standing Committee.