Legislature(2007 - 2008)BELTZ 211
03/27/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB16 | |
| SB100 | |
| SB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 16 | TELECONFERENCED | |
| + | SB 100 | TELECONFERENCED | |
| + | SB 101 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 101-GUARDIANSHIP AND CONSERVATORS
10:10:29 AM
CHAIR MCGUIRE announced the consideration of SB 101.
10:11:00 AM
JOSH FINK, Director, Office of Public Advocacy, Department of
Administration, said SB 101 cleans up previous legislation,
which had enacted licensure requirements for private guardians.
SB 101 does three things, including eliminating duplicate
licensing. The original bill wanted to provide a level of
scrutiny for private guardians, but it also wanted to encourage
the growth of guardian services. But it required three duplicate
licenses, he said, and "we never intended that." SB 100
clarifies that only one license is needed and it is attached to
the individual. Secondly, SB 101 clarifies which crimes preclude
licensure, which will be crimes of dishonesty and any crime that
would affect one's ability to be a guardian. The third aspect of
SB 101 deals with certifying private and public guardians. The
division is already requiring things like a criminal background
check for both, but the bill puts it in statute. He noted that
the committee is working off of a committee substitute (CS) from
the Senate Labor and Commerce committee, and it eliminates a
requirement to show proof of insurance or bond. It was
meaningless language in a vacuum, he said. "You can't require
someone to show proof of the ability to get insurance or a bond
without a specific amount, and a specific amount cannot be set
until you look at a particular client's estate you would be
managing." Under current statute, the court can impose a bond
requirement in individual cases based on the size of the estate.
This bill allows the Department of Commerce to suspend someone's
license when failing to maintain a bond ordered by the court,
"but we simply eliminate the generic language that they have to
show proof of ability to be insured."
10:14:56 AM
MR. FINK said that is the only change made in the last
committee.
CHAIR MCGUIRE asked about aligning public and private
requirements and if there are exceptions for a family member.
MR. FINK said a family member would not need to be licensed.
CHAIR MCGUIRE said she would hate to see them have to get a
license; they are already taking on tremendous responsibilities.
10:16:22 AM
SENATOR GREEN moved to adopt the proposed committee substitute
to SB 101, labeled 25-LS0559\K, Bullard, as the working document
of the committee.
SENATOR FRENCH said he had Version M.
CHAIR MCGUIRE said it is Version K, and on page 6 the Senate
Labor and Commerce committee took out the requirement for the
bonding and insurance.
SENATOR FRENCH asked about page 5, lines 11-12, which eliminates
the list of all persons currently employed by the licensee.
10:17:58 AM
MR. FINK said the bill eliminates the organization's license,
which was causing the duplication of licenses. Each employee
will need the license.
SENATOR FRENCH asked if the licensed person could delegate
duties to an employee.
MR. FINK said a guardian might have clerical help but someone
would be in violation of their license by delegating a
guardianship responsibility to a non-licensed individual.
10:19:27 AM
DAVID BROWER, Assistant Attorney General, Civil Division,
Department of Law (DOL), said the deleted language referred to
the organizational license that SB 101 would eliminate. He
reiterated that no one could delegate licensed activities to
someone without a license. He asked if line 14 on Page 4 is a
remnant of the organizational license.
SENATOR FRENCH asked what the new requirement will be for the
organizations that once needed a license. "What, in the
marketplace, is going to rise up to take the place of the thing
that we're eliminating?"
CHAIR MCGUIRE said she understands the public policy of
eliminating duplicate licensing, but "how will that change the
marketplace? It is a big legal decision to be a guardian or
conservator, she noted.
10:22:17 AM
MR. FINK said he worked closely with the Division of
Occupational licensing. He said he assumes line 14 is a remnant.
On Page 8 there is a transition paragraph that allows people
with organizational licenses to keep them until they expire.
Currently there are four private guardians in the state-
individuals with solo shops. One may be getting out of the
business, and it has number of employees and has been "the
subject of quite a bit of criticism." It won't affect the
current market except save them some money. The bill will allow
a group of people to form a business, but each would need an
individual license.
10:24:13 AM
SENATOR FRENCH asked if only four guardians are available for
hire.
MR. FINK said there might be six.
SENATOR FRENCH surmised that the elimination of the
organizational license will not have much impact on a person
trying to find a guardian.
MR. FINK said he hopes the bill enhances the market. He knows of
individuals who are interested in becoming guardians, but the
duplicate license is a barrier.
10:25:18 AM
CHAIR MCGUIRE said she can understand that a public conservator
should be held to the same standards as a private one, to a
degree. But the public guardian is not doing it for a profit.
She said she would like to see more guardians and conservators,
and their job is to help people to make decisions and protect
them. They can protect people from credit problems and help them
find long-term care, for example. It is a phenomenal
undertaking, she said. She said she doesn't want to deter those
who will do it out of the goodness of their heart.
MR. FINK said all 15 of his guardians have passed the National
Guardianship Association certification requirement. That has
been his policy, and the bill puts it in statute. Criminal
background checks have been run on people anyway, and the bill
gives him the authority to perform them. It is important to know
if a potential guardian has been convicted of a crime of
dishonesty, he explained.
10:27:47 AM
CHAIR MCGUIRE closed public testimony and held SB 101 over.
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