Legislature(2007 - 2008)BELTZ 211
03/13/2007 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB101 | |
| SB97 | |
| SB18 | |
| SB99 | |
| HB108 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 99 | TELECONFERENCED | |
| *+ | SB 18 | TELECONFERENCED | |
| + | HB 108 | TELECONFERENCED | |
| += | SB 97 | TELECONFERENCED | |
| += | SB 101 | TELECONFERENCED | |
SB 101-GUARDIANSHIP AND CONSERVATORS
CHAIR ELLIS announced SB 101 to be up for consideration. He
asked his staff to explain the CS, version M.
DANA OWEN, staff to Senator Ellis, explained that the CS had two
significant changes. First, the requirements for bonding and
licensing were removed for guardians and conservatorships in
four different sections and references to them were removed from
two other places.
He pointed out that the other significant change occurs on page
2, line 6, of the original bill. In the CS it occurs on page 2,
line 7, where language is added to the list of things that are
prohibited in order to get a license; it also applies to
conservatorships. Language now reads: "any other crime the
department determines would affect the individual's ability to
provide the services of a guardian competently and safely for
the protected person".
Several smaller changes clarify language. On page 1, line 10,
"a" was dropped. On page 5, line 13, a new Section (7) was
added: "(b) The office of public advocacy shall notify the
department of the licensee's compliance with (a) of this
section." Clarifying language was added to (3) on the same page.
"Documents necessary to establish financial solvency" was
clarified to mean the financial solvency of the licensee.
CHAIR ELLIS asked Mr. Fink to explain the rationale behind the
changes in the proposed CS.
1:35:58 PM
JOSH FINK, Office of Public Advocacy (OPA), Department of
Administration (DOA), explained that currently when a guardian
or conservator is appointed, rules allow for the court to impose
a bond. It would look at the size of the estate and the
responsibilities of the guardian and a few other factors. So,
the department felt that since proof of insurance or bonding
isn't required for most professions it licenses, including
doctors and lawyers, and since the court is the gatekeeper on
appointments and establishes the amount of a bond, it wanted the
bonding and insurance requirements to be removed for
consistency. He said the court could still require bonds for
individual cases.
The criminal background check on page 2 was clarified so that to
receive a license, one couldn't have a crime of dishonesty
within 10 years. This language had been removed from the
original CS.
The other significant change came from the director of the
Division of Corporations, Business and Occupational Licensing
who had some concern about the division's obligation and
expertise in reviewing the guardianship reports. Mr. Fink said
he volunteered OPA to do that activity because in-house
expertise already provides those services to about 1,000 people
and could quickly review the reports and flag anything that was
alarming back to the division. It would also be notified that
registered guardians and conservators were in compliance or if a
report had not been received.
1:39:19 PM
RICK URION, Director, Division of Corporations, Business and
Occupational Licensing, Department of Commerce, Community &
Economic Development (DCCED), supported the CS.
1:39:45 PM
SENATOR STEVENS moved to adopt the CS to SB 101(L&C), version M.
There were no objections and it was so ordered.
1:40:13 PM
An AARP representative spoke from the audience in support of
CSSB 101(L&C).
1:40:39 PM
SENATOR STEVENS moved to report CSSB 101(L&C) from committee
with individual recommendations and accompanying fiscal notes.
There were no objections and it was so ordered.
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