Legislature(2003 - 2004)
05/03/2004 08:17 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 427-GUARDIANS, CONSERVATORS, OPA, ETC.
REPRESENTATIVE TOM ANDERSON, sponsor of HB 427, told members
that HB 427 is the result of conversations he has had with Josh
Fink of the Office of Public Advocacy regarding the mistreatment
of vulnerable adults who receive services from private guardians
and conservators. Mr. Fink felt it important that Alaska be in
parody with other states that have regulatory and supervisory
statutes to prevent abuse. He sponsored this bill in concert
with the Office of Public Advocacy and the Alaska State
Association for Guardianship and Advocacy, Adult Protective
Services, the Long Term Care Ombudsman, the Disability Law
Center, the Senior Advocacy Coalition, AARP and the Alaska Court
System. He explained that professional guardians and family
guardians provide services to approximately 2,500 disabled,
vulnerable adults in Alaska. Under current law, private
guardians and conservators make legal, medical and housing
decisions for those adults and are completely unregulated by the
state. Disabled adults are obviously easy prey for those wishing
to exploit their resources, so HB 427 would grant regulatory
authority over private guardians and conservators and establish
minimum qualifications and standards, which will help ensure
that disabled adults get the help and care they deserve. HB 427
will require private guardians and conservators to meet certain
criteria and to register with the state. Private guardians will
have to be certified by the National Guardianship Foundation and
have at least two years of professional experience working with
clients or a degree in human services, social work, psychology,
sociology, special education or a closely related field. HB 427
will also require guardians to have experience in financial
management or a degree in accounting. This legislation prohibits
private guardians from registering with the state and practicing
in the state without a criminal background check. HB 427 allows
the Division of Occupational Licensing to revoke a private
guardian's license if the guardian has abandoned, neglected or
exploited his or her ward or has become unfit due to
professional incompetence.
MR. JIM SHINE, staff to Representative Anderson, told members
that since the legislature is under the 24-hour rule, it has
been difficult to get in touch with the people who were
instrumental in getting this legislation drafted but Mr. Parker
was available to testify via teleconference.
MR. JIM PARKER, Assistant Public Advocate, Office of Public
Advocacy, said he is a member of the State Association of
Guardianships and a member of the task force that was
instrumental in drafting this legislation.
CHAIR SEEKINS asked for an explanation of the changes made in
Version S [CSHB 427(JUD)].
MR. PARKER stated that the House Judiciary Committee made no
major changes. One change, suggested by the Division of
Occupational Licensing, was to amend Title 8 rather than Title
13 regarding the qualifications of private guardians and
conservators.
CHAIR SEEKINS asked for an estimate of the number of
conservators and guardians in the state.
MR. PARKER said the great majority of persons appointed are
family members. This bill does not cover people who are not in
the business of providing guardianships or conservatorships.
CHAIR SEEKINS asked if a family member would not be regulated.
MR. PARKER said that is correct, although that person would be
obligated to file reports with the court and receive some
training. The State Association of Guardianships has created
videotape for training purposes. Also, friends who act as
guardians would not be regulated.
SENATOR FRENCH asked if, outside the Office of Public Advocacy,
there is a discrete group of people who act as professional
guardians, and if Mr. Parker could estimate that number.
MR. PARKER said about 10 or 12 people in Southcentral Alaska,
fewer than optimal.
SENATOR FRENCH asked if any of those people will be unable to
continue to provide services if the requirements of the bill
apply.
MR. PARKER said he did not believe the legislation would
disqualify anyone.
SENATOR FRENCH referred to line 17 on page 2 and said a person
cannot be licensed if convicted of a crime within 10 years of
application. He asked if that would be 10 years from the date of
judgment or 10 years from the date the probationary period
expired.
MR. PARKER said it would be 10 years from the date of
conviction. He added that issue was discussed in the House. A
guardian must be in good standing with a national organization;
the only one that pertains to guardianships at this time is the
National Guardianship Association (NGA). The NGA requires its
test applicants to have a clean criminal record.
SENATOR FRENCH said he mentioned it because a person could be
convicted of a serious offense, get a 10-year sentence, but
become a guardian right after serving that sentence.
MR. PARKER said the House Judiciary Committee discussed that
possibility. He assured Senator French that the NGA's standards
are higher than those in the bill so that is not something to
worry about.
CHAIR SEEKINS noted that without further questions or
participants, public testimony was closed.
SENATOR THERRIAULT questioned how the Alaska Court System (ACS)
can take on the additional responsibilities set out on page 13
if the fiscal notes are zero. He said it is his understanding
that the ACS does not produce the report required under existing
statute so this will add to that requirement.
MR. SHINE told members that Doug Wooliver played a major role in
the process of drafting this bill but was unable to attend due
to a prior commitment. According to Mr. Wooliver, CSHB 427(JUD)
will have no fiscal impact on the ACS.
MR. JOSH FINK, Director of the Office of Public Advocacy, said
he does not believe that requirement will trigger a fiscal note.
Guardians are required to file annual reports and a visitor to
the ACS must file a report every third year. The language [in
existing statute] is ambiguous as to whether or not the visitor
is to file a report annually, but the visitor cannot do that
without access to the information every year. The point of a
third year review by the visitor was to give the ACS input about
how the guardianships were going, any problems, and whether any
clients had improved and no longer needed guardianship services.
SENATOR THERRIAULT said the language on page 13, lines 25-27, is
an attempt to clarify the language that is being deleted on
lines 27-28. However, language [in the previous paragraph]
requires the guardian to submit a report to the ACS but the ACS
is not tracking those reports and nothing is submitted. He said
he does not know whether that is due to lack of resources, but
he would like an answer as to why the ACS is willing to take on
additional responsibility when it is not following the existing
statute. He then referred to written correspondence in members'
packets and asked who Mr. Robert Penzenik represents.
MR. SHINE said he is a family guardian who lives in Anchorage.
He testified in support of the bill before the House HESS
Committee.
SENATOR THERRIAULT asked what Mr. Penzenik's relationship is to
the guardianship issue.
MR. SHINE said Mr. Pensenik is a family guardian for his
daughter. He stated in the House HESS Committee that this bill
will not impact family guardians.
SENATOR THERRIAULT asked if he acts as a guardian in any other
arena.
MR. SHINE said he works in conjunction with another conservator
for other minors.
REPRESENTATIVE ANDERSON expressed concern that Mr. Wooliver
could not answer members' questions.
CHAIR SEEKINS stated that Senate President Therriault could
determine whether this legislation should be waived from the
Senate Finance Committee. He noted the chair of the Senate
Finance Committee will have to be convinced that this bill will
have no fiscal impact before agreeing to waive the bill.
SENATOR FRENCH asked if guardians will pay a fee for licensure.
MR. SHINE thought the fee would be $100 biennially.
REPRESENTATIVE ANDERSON noted the fee would cover the cost of
licensure by the Division of Occupational Licensing.
SENATOR FRENCH said the fiscal note is unclear as to whether
licensees will pay $100 or $450.
CHAIR SEEKINS indicated the Senate Finance Committee will want
an answer to that question before agreeing to waive the bill.
REPRESENTATIVE ANDERSON agreed to get answers to those questions
and distribute them to Senate Judiciary and Senate Finance
members. If the Senate Finance Committee members are not
satisfied with those answers, he will not request that the bill
be waived from that committee.
SENATOR THERRIAULT asked that the bill be held in committee to
give him time to talk to Mr. Wooliver.
CHAIR SEEKINS agreed and said he would schedule several bills
that are being held over to the next day.
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