Legislature(2011 - 2012)

2011-02-09 House Journal

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2011-02-09                     House Journal                      Page 0211
HB 150                                                                                                                        
HOUSE BILL NO. 150 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to the protection of property of persons under                                                             
    disability and minors; relating to the crime of violating a                                                                 
    protective order concerning certain vulnerable persons; relating to                                                         
    aggravating factors at sentencing for offenses concerning a victim                                                          
    65 years or older; relating to the protection of vulnerable adults;                                                         
    amending Rule 12(h), Alaska Rules of Criminal Procedure;                                                                    
    amending Rule 45(a), Alaska Rules of Criminal Procedure;                                                                    
    amending Rule 65, Alaska Rules of Civil Procedure; amending                                                                 
    Rule 17, Alaska Rules of Probate Procedure; amending Rule 9,                                                                
    Alaska Rules of Administration; and providing for an effective                                                              
    date."                                                                                                                      
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
2.  Zero, Dept. of Administration                                                                                               
3.  Zero, Dept. of Law                                                                                                          
4.  Fiscal, Dept. of Public Safety                                                                                              
5.  Zero, Dept. of Public Safety                                                                                                
6.  Indeterminate, Dept. of Corrections                                                                                         
                                                                                                                                
The Governor's transmittal letter dated February 8, 2011, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to the protection of                                                            
property of persons under disability; relating to the crime of violating                                                        

2011-02-09                     House Journal                      Page 0212
a protective order concerning certain vulnerable persons; relating to                                                           
aggravating factors at sentencing for offenses concerning a victim 65                                                           
years or older; and relating to the protection of vulnerable adults.                                                            
                                                                                                                                
Financial exploitation of the elderly and other vulnerable adults is a                                                          
growing problem. Victims of financial exploitation may not need a                                                               
guardian, but may need assistance stopping immediate misuse or theft                                                            
of their money. These victims find it difficult to access the courts and                                                        
obtain prompt and inexpensive relief. With a temporary conservator,                                                             
the vulnerable victim retains autonomy while receiving assistance. The                                                          
ex parte relief from fraud procedure is similar to the existing domestic                                                        
violence protection law, providing a means for vulnerable adults to                                                             
independently obtain straightforward, expedited relief from immediate                                                           
financial exploitation.                                                                                                         
                                                                                                                                
I am committed to protecting our seniors and other vulnerable adults.                                                           
This legislation strengthens the laws against financial exploitation and                                                        
enhances the ability to obtain emergency protection orders for seniors.                                                         
It improves the ability of those investigating reports of harm to obtain                                                        
vital information in a timely manner, and will lead to better services                                                          
and safety for vulnerable adults who are abused, neglected, or                                                                  
exploited and unable to protect their own interests.                                                                            
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"