Legislature(2025 - 2026)BELTZ 105 (TSBldg)
03/17/2025 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: University of Anchorage Alaska (uaa) Workforce Solutions in Alaska | |
| SB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 99 | TELECONFERENCED | |
SB 99-CPA AS PRIVATE PROFESSIONAL CONSERVATORS
2:10:04 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 99 "An Act relating to private
professional conservators; and providing for an effective date."
2:10:32 PM
SENATOR ROBERT MYERS, District Q, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 99 presented a summary of the
following legislation:
[Original punctuation provided.]
The issue we are seeking to address with SB 99 was
originally brought to our attention by a constituent.
After looking into the statutes, we realized that
there could be an alternative to the current
conservator licensing process that would allow more
people to become private professional conservators
while keeping the high standards that protect the
individuals under their care.
Currently, an individual seeking a private
professional conservator license must obtain a
certificate in guardianship from a national
organization before applying for their conservator
license from the State of Alaska. The guardianship
certification is applicable to people who wish to
become full guardians, but it is much less applicable
to someone who will only be handling finances and will
not have responsibility for the physical wellbeing of
the individuals under their care. This certification
is costly and time intensive, especially for
professionals who already maintain certification for a
related professional license. Certified Public
Accountants must obtain their bachelor's degree in
accounting and complete continuing education credits
every two years. Since CP As are already qualified
professionals with an emphasis on fiduciary
responsibilities, they are strong candidates for being
private professional conservators.
SB 99 seeks to create an alternative to the
guardianship certification requirement currently in
statute for individuals who are licensed as CP As in
Alaska. Licensed CP As would still have to meet all
other requirements under the current statutes. This
would just remove the external certification
requirement for CP As which could be a barrier to
individuals becoming licensed private professional
conservators.
As Alaska's population is aging, we will continue to
have increased need for professionals who can provide
financial support to this group. Unfortunately, we are
already facing a shortage of providers who can offer
care for the needs of an aging population. While this
bill will not be enough to solve all of these issues,
we hope it will be a small step towards addressing the
needs of our state.
2:13:02 PM
ASHLYN BROOKS, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, provided the sectional analysis for
SB 99:
[Original punctuation provided.]
SB 99 ver. A Sectional Analysis
Section 1: Page 1, Lines 4-14; Page 2, Lines 1-11
Adds previous licensing as a CPA under AS 08.04 as an
alternative to certification by a national
guardianship group in order to become a licensed
conservator.
Section 2: Page 2, Lines 12-21.
Conforming language regarding the issuance of
temporary licenses for private professional guardians.
Section 3: Page 2, Lines 22-28.
Establishes that a temporary license holder may submit
proof of required guardianship certificate or CPA
license to obtain a permanent license.
Section 4: Page 2, Lines 29-31; and Page 3, Lines 1-5.
Adds a new section establishing that the Department of
Commerce, Community, and Economic Development shall
issue a temporary license to an individual seeking a
private professional conservator license who likely
will become certified or licensed within one year from
the date the temporary license is issued if they meet
all other requirements of a private professional
conservator license.
Section 5: Page 3, Lines 6-31; and Page 4, Lines 1-7.
Conforming language stating that failure to maintain
either a CPA license or a national guardianship
certification is grounds for disciplinary action.
Section 6: Page 4, Line 8
Establishes an immediate effective date for the bill.
2:15:43 PM
CHAIR BJORKMAN announced invited testimony on SB 99.
2:15:54 PM
GORDON WILLIAMS, Attorney, Ketchikan, Alaska, testified by
invitation on SB 99 and stated that guardianship and
conservatorship proceedings are serious legal matters because
they involve taking away a person's rights to manage their own
money or make personal decisions often due to illness, dementia,
or injury, not because of any wrongdoing. That's why it's so
important to have qualified, trustworthy people involved in
these cases. He said adding licensed CPAs to the list of those
eligible to serve in these roles makes sense, as they are
already trained, regulated professionals with the skills needed
to manage finances and prepare accurate reports.
2:19:44 PM
CHAIR BJORKMAN asked if a CPA wants to become a conservator now
what do they have to do and how would that change under this
current legislation.
2:19:59 PM
MR. WILLIAMS responded that a CPA can already serve as a
conservator without a license, but to be a licensed professional
conservator, they currently must get certified by the National
Guardianship Association. SB 99 removes that extra step,
recognizing that CPAs already have the skills and training
needed.
2:21:34 PM
SENATOR DUNBAR clarified that in Mr. Williams testimony he
mentioned he was part of a group that put forward different
kinds of legislation proposals. He asked if that was under the
guidance of the bar association and what does the group do.
2:22:00 PM
MR. WILLIAMS answered that the Association of Trust and Estate
Professionals is not linked with the bar association. He said
the group is a state planning professional association.
2:22:51 PM
SENATOR DUNBAR asked that Mr. Williams describe the legal
difference between a conservatorship and a guardianship.
2:23:19 PM
MR. WILLIAMS responded that a guardian is someone who makes
health, welfare and safety decisions for a person who can't make
them on their own and a conservator makes decisions concerning a
persons money and assets. He said in Alaska there is a third
option called a full guardianship, who makes the guardian
decisions as well as the conservator decisions.
2:25:09 PM
SENATOR DUNBAR asked if SB 99 only impacts conservatorships and
is there a separate licensing process for guardians.
2:25:34 PM
MR. WILLIAMS answered that he does not know.
2:26:21 PM
SENATOR MYERS explained that guardians and conservators have
separate licenses. A guardian license covers all aspects of
care, while a conservator license only applies to financial
matters. In Alaska, the two licensing programs are similar, but
SB 99 aims to further distinguish between them.
2:27:40 PM
MR. WILLIAMS referenced AS 08.26.010 that discusses licensing
for guardians and conservators.
2:28:32 PM
VIVIAN STIVER, representing self, Fairbanks, Alaska, testified
by invitation on SB 99:
[Original punctuation provided.]
I am writing my letter of support today as a private
citizen in my capacity as a senior housing
professional and not in my capacity as a member of the
Alaska Commission on Aging board of directors.
I have worked in senior housing for the last 15 years
and have witnessed just how important it is for our
seniors to remain as independent as possible as they
age. Seniors thrive socially, physically and
emotionally when the appropriate amount of assistance
is available for them. Losing independence too soon
can cause them to retreat socially and feel
discouraged because of the loss of control in areas of
their lives which they could continue to address
independently.
2:29:19 PM
MS. STIVER continued with her testimony of SB 99:
Over the years I worked with a couple of seniors that
experienced tremors and could no longer write checks.
They would hand me the check book asking me to fill it
in for them. This always makes me uncomfortable
because they are vulnerable to "bad actors" who could
alter the check, get account numbers and other
information. Having a conservator would close this
loop and protect the senior financially. Also, since
seniors don't use computers, a conservator has a
better chance of identifying withdrawals from a
senior's account promptly because of fraud such as
"phishing."
A conservator has limited powers compared to a
guardian because the conservator only manages
financial affairs for the senior such as collecting
and depositing all income, pays all debts and bills,
secures all assets, and handles taxes and insurance.
Making it more reasonable for accountants to fill this
role by adjusting the licensing requirements, will
assist our seniors in remaining independent longer,
keeping their dignity intact while protecting them
from "bad actors."
MS. STIVER stated having a licensed financial guardian can ease
the burden on families, providing reassurance and reducing
stress. Typically, a child that lives close to the individual
typically is the guardian and caregiver. Separating financial
management from direct care helps balance responsibilities and
alleviates pressure on the primary caregiver.
2:32:10 PM
CHAIR BJORKMAN asked what someone would need to do to become a
conservator.
2:32:34 PM
MS. BROOKS answered that conservators must get certified through
a national guardianship organization by taking mostly accounting
and technical training courses. These courses may be taken
online. She said every other year the conservator would need to
be recertified by taking continuing education classes through
the same institution.
2:33:35 PM
CHAIR BJORKMAN asked whether there is training for conservators
that have clients who cant advocate for themselves, like
dementia.
2:33:56 PM
MS. BROOKS replied that to receive a certificate from the
National Guardianship Association, a person must learn one of
the core competencies called surrogate decision making and it
may be helpful in a situation with a dementia client.
2:34:40 PM
CHAIR BJORKMAN asked what the barriers are for CPAs to be
conservators.
2:34:52 PM
MS. BROOKS responded that the main barriers are finances and
time. She said it cost $1800 dollars to get certified and
licensed in Alaska.
2:35:43 PM
SENATOR MYERS added that SB 99 aims to remove unnecessary
barriers for those who only want to handle the financial side of
care. Current certification includes training that mostly
applies to guardianship. The goal is to make it easier for those
already trained in financial responsibility to serve in this
role.
2:37:44 PM
SENATOR DUNBAR referenced Section 5 [AS.08.26.130] stating that
the department may take disciplinary action against an
individual. He assumed that there isn't a board handling the
licensing and discipline. He asked what department oversees
disciplinary actions and if applicants wont be paying the
national certification fee will they still pay the state
licensing fee.
2:38:31 PM
SYLVAN ROBB, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), Anchorage, Alaska, and answered
that there isn't a board for this program and the Department of
Commerce, Community and Economic Development (DCCED) would take
over disciplinary and license action. She said the Guardian and
Conservator Program is a small program with as few as 20
licensees and won't require much money to run.
2:39:11 PM
SENATOR DUNBAR asked whether DCCED anticipated an increase in
[disciplinary] actions, or any risk of inappropriate action, if
legislators allowed licensure without requiring certification
from NGA, using only a CPA license.
2:39:45 PM
MS. ROBB replied that becoming a CPA requires more education,
including a bachelor's degree, while a conservator license only
requires experience handling finance or at least an associate
degree in a related field. She reiterated this is a small
program, and important safeguards like background checks and
checks with adult protective services will remain in place to
ensure conservators meet the same high standards already
required.
2:40:39 PM
SENATOR DUNBAR asked whether it is DCCED's assertion that SB 99
would not pose an increased financial risk to people under the
care of conservators.
2:41:03 PM
MS. ROBB answered that the division is neutral on SB 99. It is a
policy call for the legislature.
2:41:27 PM
SENATOR MYERS commented that his goal with SB 99 is to make it
easier for somebody to obtain and hold on to a conservatorship
license.
2:43:11 PM
CHAIR BJORKMAN held SB 99 in committee.