1994-01-14                     Senate Journal                      Page 2502
SB 248                                                                       
SENATE BILL NO. 248 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
                                                                               

1994-01-14                     Senate Journal                      Page 2503
SB 248                                                                       
"An Act relating to services for and protection of                            
vulnerable adults; and providing for an effective                              
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education and              
Social Services, State Affairs and Finance Committees.                         
                                                                               
Fiscal notes from Department of Health and Social Services (3) and             
zero fiscal note and fiscal note from Department of Administration             
published today.                                                               
                                                                               
Governor's transmittal letter dated January 14:                                
                                                                               
Dear Mr. President:                                                            
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill relating to services for and protection of            
vulnerable adults.  This bill will place responsibility for the delivery       
of services to vulnerable adults within the Department of                      
Administration.  This bill also extends the scope of existing adult            
protective services to include all vulnerable adults who are in need           
of such services.                                                              
                                                                               
Section 1 of the bill clarifies the circumstances that give rise to a          
duty to make a report of a vulnerable adult.  The circumstances are            
abandonment, exploitation, abuse, neglect, or self-neglect.  Under this        
section, the report will be made to the Department of Administration.          
This section also deletes the existing liability immunity provisions,          
which are later reestablished in sec. 6 of the bill.                           
                                                                               
Section 2 sets out the duties of the Department of Administration              
regarding services and protection for vulnerable adults.  The duties           
include establishing a central information and referral service for            
vulnerable adults, establishing criteria and procedures for the delivery       
of community-based services, designation of local service providers            
as department designees to meet local service needs, and adoption of           
regulations to implement the program.                                          
                                                                               
                                                                               

1994-01-14                     Senate Journal                      Page 2504
SB 248                                                                       
Section 2 also sets out provisions regarding certain reports of                
abandonment, exploitation, abuse, neglect, or self-neglect, and                
regarding the action that is to be taken on all reports.  The                  
investigation required to be done by the Department of                         
Administration includes a face-to-face interview and a written report          
of findings.  Section 2 also provides for delivery of protective               
services and assures that, to the extent practicable, the services will        
be delivered in a timely and culturally relevant manner.                       
                                                                               
Section 2 provides authorization for family members or friends to be           
surrogate decision makers for a vulnerable adult who is in need of             
protective services but is unable to consent to services.  This                
provision allows for the delivery of necessary protective services             
without the necessity of seeking an emergency guardianship in adult            
abuse cases.  Section 2 also sets out the procedures available for             
providing protective services when court action to protect the adult           
is necessary.                                                                  
                                                                               
Section 3 repeals and reenacts an existing statute to provide for              
monitoring of vulnerable adults who are receiving ongoing protective           
services.  Section 4 addresses the confidentiality of reports made             
under these provisions; sec. 5 requires that regulations being adopted         
by the Department of Administration be provided to the Older                   
Alaskans Commission; and sec. 6 provides for immunity from                     
liability for individuals who make reports of vulnerable adults.               
                                                                               
Section 7 sets out, in a more appropriate location, definitions for            
terms used in AS47.24.  The existing definition section is repealed            
in sec. 8.  Section 8 of the bill also repeals existing statutes that          
address reports of abuse of elderly and disabled persons to the                
Department of Health and Social Services.                                      
                                                                               
Section 11 provides a July 1, 1994 effective date for the statutory            
changes made by the bill.                                                      
                                                                               
If this bill is enacted into law, the revisor of statutes will need to         
make appropriate changes to the existing article structure of                  
AS47.24.                                                                       
                                                                               
                                                                               

1994-01-14                     Senate Journal                      Page 2505
SB 248                                                                       
I urge your support of this important legislation.                             
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Walter J. Hickel                                                          
					Governor