03/08/2007 01:30 PM Senate LABOR & COMMERCE

                                                                                                                              
              SB 101-GUARDIANSHIP AND CONSERVATORS                                                                          
                                                                                                                                
CHAIR ELLIS announced that the next order of business is SB 101.                                                                
                                                                                                                                
1:44:04 PM                                                                                                                    
JOSH  FINK, Director,  Office of  Public Advocacy,  Department of                                                               
Administration,  said SB  101 is  greatly  appreciated. The  bill                                                               
will  help  assure  that   private,  professional  guardians  are                                                               
adequately regulated,  and it will  encourage the  development of                                                               
this industry in Alaska as the  aging population and the need for                                                               
guardianship services grows.  This is primarily a  clean up bill,                                                               
he stated. In  2004 the legislature passed HB  280, which enacted                                                               
licensure  requirements for  private, professional  guardians and                                                               
conservators, but  prior to that  it was unregulated.  There were                                                               
notorious  cases in  Alaska where  guardians  spent their  wards'                                                               
estates down  to nothing  and engaged in  fraud. HB  280 intended                                                               
that guardians  get one license and  pay one fee to  the Division                                                               
of  Occupational Licensing,  but  the division  said it  requires                                                               
numerous  and  duplicative licenses.  That  is  an impediment  to                                                               
encouraging the  growth of this  industry, he  stated. Currently,                                                               
applicants  need a  license to  be a  guardian, another  to be  a                                                               
conservator, and a  third license is required for  the company or                                                               
corporation. The bill removes the  organizational license so that                                                               
it will be  required only for the individual.  Also, someone with                                                               
a guardianship license will not need a conservatorship license.                                                                 
                                                                                                                                
MR. FINK  said the bill  specifies the  type of crime  that would                                                               
preclude someone  from obtaining this  license. It will  focus on                                                               
crimes of dishonesty  within the past 10 years.  The other change                                                               
will be that public guardians will  be required to go through the                                                               
same  criminal  background check  and  obtain  the same  national                                                               
certification that  private guardians require. He  noted that the                                                               
director of  the Division of Occupational  Licensing has concerns                                                               
with the  language regarding insurance  and bonding  ability, but                                                               
that can be resolved, he stated.                                                                                                
                                                                                                                                
1:49:19 PM                                                                                                                    
CHAIR ELLIS said the committee  was happy to introduce this bill,                                                               
and he heard there were some concerns with the language.                                                                        
                                                                                                                                
RICK  URION, Director,  Division of  Corporations, Business,  and                                                               
Professional  Licensing,  Department  of  Commerce,  Community  &                                                               
Economic Development,  said the  bill is a  work in  progress. He                                                               
appreciates its  sponsorship, because it  is a high  priority for                                                               
some people. He said he is working on the issue of concern.                                                                     
                                                                                                                                
1:50:41 PM                                                                                                                    
CHAIR ELLIS  asked for it to  be ready on Tuesday,  and Mr. Urion                                                               
and Mr.  Fink said that  would be fine. He  asked if there  are a                                                               
lot of complaints around the state.                                                                                             
                                                                                                                                
MR. FINK  said there are  occasional complaints, and  the probate                                                               
court has some concerns with  some private guardians. He believes                                                               
that the major bad players are  gone, but there are issues he has                                                               
heard about.                                                                                                                    
                                                                                                                                
CHAIR ELLIS said  he has heard frequent  complaints from families                                                               
with  elderly people  whose wills  get changed  to benefit  a new                                                               
person that was recently befriended.                                                                                            
                                                                                                                                
1:52:47 PM                                                                                                                    
MR. FINK said that only  professional guardians need the license.                                                               
Last year Representative Chenault  introduced a bill creating the                                                               
Office  of Elder  Fraud and  Abuse that  addresses those  issues.                                                               
When his office is aware of  exploitation of a senior, it can sue                                                               
on the senior's behalf for civil remedy.                                                                                        
                                                                                                                                
CHAIR  ELLIS  asked  for information,  because  he  does  receive                                                               
complaints.                                                                                                                     
                                                                                                                                
MR. FINK  said he has  a new  brochure with contact  numbers. The                                                               
office is  overwhelmed and has  backed off on seeking  new cases.                                                               
"We just don't have the staff," he stated.                                                                                      
                                                                                                                                
SB 101 was held over.