Legislature(2007 - 2008)BELTZ 211
03/08/2007 01:30 PM Senate LABOR & COMMERCE
Audio | Topic |
---|---|
Start | |
SB93 | |
SB97 | |
SB101 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 101 | TELECONFERENCED | |
*+ | SB 97 | TELECONFERENCED | |
= | SB 93 | ||
SB 101-GUARDIANSHIP AND CONSERVATORS CHAIR ELLIS announced that the next order of business is SB 101. 1:44:04 PM JOSH FINK, Director, Office of Public Advocacy, Department of Administration, said SB 101 is greatly appreciated. The bill will help assure that private, professional guardians are adequately regulated, and it will encourage the development of this industry in Alaska as the aging population and the need for guardianship services grows. This is primarily a clean up bill, he stated. In 2004 the legislature passed HB 280, which enacted licensure requirements for private, professional guardians and conservators, but prior to that it was unregulated. There were notorious cases in Alaska where guardians spent their wards' estates down to nothing and engaged in fraud. HB 280 intended that guardians get one license and pay one fee to the Division of Occupational Licensing, but the division said it requires numerous and duplicative licenses. That is an impediment to encouraging the growth of this industry, he stated. Currently, applicants need a license to be a guardian, another to be a conservator, and a third license is required for the company or corporation. The bill removes the organizational license so that it will be required only for the individual. Also, someone with a guardianship license will not need a conservatorship license. MR. FINK said the bill specifies the type of crime that would preclude someone from obtaining this license. It will focus on crimes of dishonesty within the past 10 years. The other change will be that public guardians will be required to go through the same criminal background check and obtain the same national certification that private guardians require. He noted that the director of the Division of Occupational Licensing has concerns with the language regarding insurance and bonding ability, but that can be resolved, he stated. 1:49:19 PM CHAIR ELLIS said the committee was happy to introduce this bill, and he heard there were some concerns with the language. RICK URION, Director, Division of Corporations, Business, and Professional Licensing, Department of Commerce, Community & Economic Development, said the bill is a work in progress. He appreciates its sponsorship, because it is a high priority for some people. He said he is working on the issue of concern. 1:50:41 PM CHAIR ELLIS asked for it to be ready on Tuesday, and Mr. Urion and Mr. Fink said that would be fine. He asked if there are a lot of complaints around the state. MR. FINK said there are occasional complaints, and the probate court has some concerns with some private guardians. He believes that the major bad players are gone, but there are issues he has heard about. CHAIR ELLIS said he has heard frequent complaints from families with elderly people whose wills get changed to benefit a new person that was recently befriended. 1:52:47 PM MR. FINK said that only professional guardians need the license. Last year Representative Chenault introduced a bill creating the Office of Elder Fraud and Abuse that addresses those issues. When his office is aware of exploitation of a senior, it can sue on the senior's behalf for civil remedy. CHAIR ELLIS asked for information, because he does receive complaints. MR. FINK said he has a new brochure with contact numbers. The office is overwhelmed and has backed off on seeking new cases. "We just don't have the staff," he stated. SB 101 was held over.
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