00 SENATE BILL NO. 99 01 "An Act relating to private professional conservators; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 08.26.030 is amended to read: 05 Sec. 08.26.030. Requirements for private professional conservator license. 06 The department shall issue a private professional conservator license to an individual  07 (1) who is at least 21 years of age; 08 (2) who has obtained a high school diploma, or a general education 09 development diploma or its equivalent; 10 (3) who has six months' employment experience in a position 11 involving financial management, or has at least an associate degree in accounting or a 12 closely related field; 13 (4) who is 14 (A) certified as a guardian by a nationally recognized 01 organization in the field of guardianships; or  02 (B) licensed as a certified public accountant under  03 AS 08.04;  04 (5) whose criminal history record checks under AS 08.26.070 show 05 that the individual has not been convicted of a felony or of a misdemeanor offense in 06 the state or in any other jurisdiction involving fraud, misrepresentation, material 07 omission, misappropriation, theft, conversion, or any other crime that the department 08 determines would affect the individual's ability to provide the services of a conservator 09 competently and safely for the protected person within 10 years before the application; 10 and 11 (6) who satisfies the application requirements of AS 08.26.060. 12  * Sec. 2. AS 08.26.050(a) is amended to read: 13 (a) The department shall issue a temporary license to an individual under 14 AS 08.26.020 [OR 08.26.030] who 15 (1) is not certified by a nationally recognized organization in the field 16 of guardianships at the time of the application but is likely to become certified within 17 one year from the date [OF] the temporary license is issued; [,] and 18 (2) otherwise satisfies the licensing requirements of AS 08.26.020 [OR 19 08.26.030; AND 20 (2) SATISFIES THE APPLICATION REQUIREMENTS OF 21 AS 08.26.060]. 22  * Sec. 3. AS 08.26.050(b) is amended to read: 23 (b) If an [THE] individual with a temporary license under (a) or (d) of this 24 section submits proof of the required certificate or license [CERTIFICATION BY A 25 NATIONALLY RECOGNIZED ORGANIZATION IN THE FIELD OF 26 GUARDIANSHIPS] within one year from the date of the issuance of the temporary 27 license, the department shall issue the individual a license under AS 08.26.020 or 28 08.26.030 without requiring a new application. 29  * Sec. 4. AS 08.26.050 is amended by adding a new subsection to read: 30 (d) The department shall issue a temporary license to an individual under 31 AS 08.26.030 who 01 (1) is not certified by a nationally recognized organization in the field 02 of guardianships or licensed as a certified public accountant under AS 08.04 at the 03 time of the application but is likely to become certified or licensed within one year 04 from the date the temporary license is issued; and 05 (2) otherwise satisfies the licensing requirements of AS 08.26.030. 06  * Sec. 5. AS 08.26.130 is amended to read: 07 Sec. 08.26.130. Grounds for disciplinary action. The department may take 08 disciplinary action against an individual under AS 08.01.075 or refuse to issue or 09 renew a license if the department determines that the individual  10 (1) obtained or attempted to obtain a license under this chapter through 11 deceit, fraud, or intentional misrepresentation; 12 (2) has not complied with the standards of conduct established by the 13 department under AS 13.26.001; 14 (3) forfeited a license in this or another jurisdiction as a result of 15 deceit, fraud, intentional misrepresentation, or professional incompetence; 16 (4) has been found by a court in this state to have engaged in 17 professional misconduct or incompetence; 18 (5) has advertised the individual's services in a false or misleading 19 manner; 20 (6) has been convicted, including a conviction based on a guilty plea or 21 plea of nolo contendere, of a felony or other crime that affects the individual's ability 22 to provide services competently and safely for the ward or protected person; 23 (7) has been found to have abandoned, exploited, abused, or neglected 24 a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in 25 AS 47.24.900; 26 (8) has failed to comply with this chapter or with a regulation adopted 27 under this chapter; 28 (9) has continued or attempted to practice after becoming unfit due to 29 professional incompetence; 30 (10) has failed to maintain the certification or licensure required to  31 obtain the individual's license under AS 08.26.020(a)(3) or 08.26.030(4) [BY A 01 NATIONALLY RECOGNIZED ORGANIZATION IN THE FIELD OF 02 (A) GUARDIANSHIPS, IF THE INDIVIDUAL WAS 03 ISSUED A PRIVATE PROFESSIONAL GUARDIAN LICENSE; OR 04 (B) CONSERVATORSHIPS, IF THE INDIVIDUAL WAS 05 ISSUED A PRIVATE PROFESSIONAL CONSERVATOR LICENSE]; or 06 (11) fails to maintain a bond or other surety as required by a court 07 order. 08  * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).