Legislature(2005 - 2006)CAPITOL 17
04/10/2006 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB494 | |
| HB431 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 431 | TELECONFERENCED | |
| += | HB 494 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 494-GUARDIANSHIP AND CONSERVATORS 3:52:37 PM CHAIR ANDERSON announced that the first order of business would be HOUSE BILL NO. 494, "An Act relating to private professional conservators and private and public guardians." 3:52:56 PM JOSH APPLEBEE, Staff to Representative Anderson, Alaska State Legislature, speaking on behalf of the sponsor, the House Labor and Commerce Standing Committee, explained that HB 494 aims to correct some unintended consequences resulting from the passage of House Bill 427 in 2004. He reminded the committee that House Bill 427 responded to a need for oversight of private, professional guardians and conservators. The legislation gave responsibility for regulation of private professional guardians to the Division of Occupational Licensing, now know as the Division of Corporations, Business, & Professional Licensing. A new statutory section was created in AS 08.26, which established the process by which private guardians and conservators would obtain licensure and act as guardians or conservators for disabled Alaskans. He noted that House Bill 427 also made changes in the guardianship statutes contained in AS 13.26. 3:53:49 PM MR. APPLEBEE highlighted that HB 494 only deals with AS 08.26. This legislation, HB 494, is supported by the Division of Corporations, Business, & Professional Licensing and the Alaska State Association for Guardianship and Advocacy, he related. 3:54:26 PM REPRESENTATIVE ROKEBERG moved to adopt CSHB 494, Version 24- LS11763\F, Mischel, 4/4/06, as the working document. There being no objection, Version F was before the committee. 3:55:15 PM JIM PARKER, Supervising Attorney, Public Guardian Section, Office of Public Advocacy (OPA), Department of Administration (DOA), explained that the intent behind House Bill 427 was for there to be a healthy, vibrant private sector to provide guardianship and conservatorship services to individuals in Alaska with disabilities. However, the legislation created some unintended barriers to the private sector with the organizational license requirement and the lack of clarity that those guardians providing conservatorship services don't need to obtain a separate license. Therefore, HB 494 eliminates the organizational license requirement and clarifies that those who obtain a guardian license are able to perform conservatorship services as well so long as they meet the conservatorship license requirements. The aforementioned, he opined, will provide incentives to the private sector. MR. PARKER then turned the committee's attention to the end of HB 494, which amends the public guardian statute. This amendment specifies that any employee of the Office of Public Advocacy acting as a public guardian and providing guardianship and conservatorship services would also have to meet the current requirement applicable to private guardians and conservators, including going through a criminal background check and being certified by a nationally recognized organization. Currently, the only nationally recognized organization is the National Guardianship Association. He then pointed out that under HB 494, AS 08.26.030 is amended to reflect the standard concerning criminal background checks and barrier crimes such that it reflects the standard of the National Guardianship Association. He noted that some changes were made because the Division of Corporations, Business, & Professional Licensing believed the provisions to be unnecessary. 3:59:51 PM CHAIR ANDERSON announced that HB 494 will be held today. REPRESENTATIVE GUTTENBERG commented that he wasn't aware that guardianship has actually become a business, and therefore he asked for the background on it. MR. PARKER explained that in Alaska a conservator is appointed only to manage the financial affairs of a person with a disability or some sort of incapacity. However, a guardian has broader powers, including the ability to make decisions regarding a person's finances. Guardians also have the power and obligation to make decisions regarding medical care and placement. This legislation, he stated, doesn't change anything about the existing structure of guardianship, which is a process set out in statute that results in appointment through the court. For many years there have been private alternatives to the Office of Public Advocacy, which provides guardianship and conservatorship services as a last resort such as when there is no family member, friend, or private entity that can do so. 4:02:19 PM REPRESENTATIVE ROKEBERG, referred to page 2, line 22, and inquired as to the definition of a partial guardian. MR. PARKER answered that a partial guardian is someone who doesn't have all the duties set out in statute. That provision, he explained, recognizes the possibility that people may want to be licensed to act as a guardian, but don't want to assume financial responsibility. Mr. Parker opined that the aforementioned won't happen often, but the statutes need to allow for that possibility. In further response to Representative Rokeberg, Mr. Parker said that a partial guardian would be a private professional guardian or conservator. He noted that Title 13 includes definitions regarding limited and partial guardians. 4:04:40 PM BETTY STANLEY, Alaska State Association for Guardianship and Advocacy (ASAGA), began by informing the committee that she worked with the sponsor on House Bill 427. She further informed the committee that she has been a court visitor for 17 years as she performs the court investigation prior to guardianship or conservatorships being appointed by the court. This legislation and House Bill 427 were intended to license the private sector, which didn't exist at one time. Since working with the Division of Corporations, Business, & Professional Licensing, it became apparent that House Bill 427 slowed/impeded the process or made it very expensive because the language was interpreted to require three licenses, which was not the intent. This proposed legislation would clarify that multiple licenses aren't required. Furthermore, HB 494 makes it easier for those in the private sector to obtain a license as it makes it a bit less expensive. Therefore, ASAGA, she relayed, supports the changes and amendments that require certification and background checks. 4:06:46 PM JOSH FINK, Director, Office of Public Advocacy, Department of Administration, thanked the sponsor because it's critical for there to be regulation of private guardians. He echoed the earlier testimony that the intention was never to require people to obtain three licenses. He expressed hope that HB 494 will allow more individuals to become private guardians. Mr. Fink opined that the department fully supports HB 494. He highlighted the fact that there are zero fiscal notes from the Office of Public Advocacy and the Division of Corporations, Business, & Professional Licensing. He mentioned that the Division of Corporations, Business, & Professional Licensing supports HB 494. 4:07:37 PM CHAIR ANDERSON announced that HB 494 would be held over.
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