Legislature(2011 - 2012)CAPITOL 120

03/18/2011 01:00 PM House JUDICIARY


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01:08:19 PM Start
01:08:31 PM Attorney General
01:56:01 PM HB150
03:20:13 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Attorney General John J. Burns
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 150 PROTECTION OF VULNERABLE ADULTS/MINORS TELECONFERENCED
Moved CSHB 150(JUD) Out of Committee
        HB 150 - PROTECTION OF VULNERABLE ADULTS/MINORS                                                                     
                                                                                                                                
1:56:01 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the final order of  business would be                                                               
HOUSE  BILL  NO. 150,  "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."                                                                           
                                                                                                                                
CHAIR GATTO noted that the subcommittee  on HB 150 has produced a                                                               
final  report [detailing  the  differences  between the  original                                                               
bill  and a  proposed committee  substitute included  in members'                                                               
packets].                                                                                                                       
                                                                                                                                
1:56:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON moved  to adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   150,  Version  27-GH1722\I,  Mischel,                                                               
3/17/11, as the working document.                                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
1:58:15 PM                                                                                                                    
                                                                                                                                
SARAH  MUNSON, Staff,  Representative  Carl  Gatto, Alaska  State                                                               
Legislature,  referring  to   the  aforementioned  final  report,                                                               
explained  that Version  I contains  a new  Section 1  and a  new                                                               
Section 2 that  propose to change the phrase,  "an elderly person                                                               
or  disabled adult"  to the  phrase, "a  vulnerable adult"  in AS                                                               
08.29.200(b)(2)  and AS  08.63.200(b)(2) respectively;  these new                                                               
sections  were added  at the  request  of the  Department of  Law                                                               
(DOL)  and  the  revisor  of  statutes  because  the  phrase,  "a                                                               
vulnerable adult"  is what's now  being used  by the DOL  to mean                                                               
someone  [18   years  of   age  or   older]  who   meets  certain                                                               
vulnerability   criteria.     Under   Version   I,  proposed   AS                                                               
13.26.207(a)  now  contains  the  words, "and  other  persons  as                                                               
ordered by  the court" in the  second to last sentence  after the                                                               
words,   "respondent's  attorney";   this   change  to   Alaska's                                                               
temporary  conservatorship  statutes  would allow  the  court  to                                                               
notify   those  who   would   most  need   to   know  about   the                                                               
conservatorship, such as various financial institutions.                                                                        
                                                                                                                                
MS. MUNSON explained that Proposed  AS 13.26.209(a) underwent two                                                               
changes:   first,  it now  contains the  additional sentence,  "A                                                               
petition filed on behalf of  a protected person by another person                                                               
must be  accompanied by proof of  service of the petition  on the                                                               
protected person  or the person's  attorney unless  service would                                                               
cause an  immediate threat of harm  to the best interests  of the                                                               
protected person and the petition  includes a written explanation                                                               
of the  harm."; and,  second, the last  sentence now  reads, "The                                                               
court shall  cause a  copy of the  protective order,  any related                                                               
orders,  and a  scheduling order,  if any,  to be  served on  the                                                               
respondent and  the protected person."   These  changes regarding                                                               
notification  address  a  concern   raised  in  the  subcommittee                                                               
meeting  that an  ex  parte  protective order  could  be used  by                                                               
someone  to  victimize  a  vulnerable   adult;  under  these  two                                                               
changes, a  vulnerable adult  would be notified  of the  ex parte                                                               
protective  order unless  such notification  would be  harmful to                                                               
him/her.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response to  a question  regarding                                                               
Sections 1 and  2 of Version I, noted that  the term, "vulnerable                                                               
adult" is defined in AS 47.24.900 as:                                                                                           
                                                                                                                                
     (16) "vulnerable adult" means a  person 18 years of age                                                                    
     or   older  who,   because   of   physical  or   mental                                                                    
     impairment, is  unable to meet  the person's  own needs                                                                    
     or to seek help without assistance.                                                                                        
                                                                                                                                
MS. MUNSON  added that Section  43 of  Version I is  proposing to                                                               
amend that definition thus:                                                                                                     
                                                                                                                                
     (16) "vulnerable adult" means a  person 18 years of age                                                                    
     or older  who, because  of incapacity,  mental illness,                                                                
     mental  deficiency,  physical  illness  or  disability,                                                                
     advanced   age,   chronic   use   of   drugs,   chronic                                                                
     intoxication,  fraud,   confinement,  or  disappearance                                                                
     [PHYSICAL  OR MENTAL  IMPAIRMAENT], is  unable to  meet                                                                    
     the  person's  own  needs  or   to  seek  help  without                                                                    
     assistance.                                                                                                                
                                                                                                                                
2:06:07 PM                                                                                                                    
                                                                                                                                
MS.  MUNSON  then explained  that  proposed  AS 13.26.209(d)  now                                                               
stipulates  that notice  shall  additionally be  provided to  the                                                               
protected  person;   this  is   a  conforming   change  regarding                                                               
notification  of  a hearing  to  extend  an ex  parte  protective                                                               
order.    In Version  I's  proposed  AS 13.26.209(f),  the  first                                                               
sentence now  reads, "A third  party that has received  actual or                                                               
legal  notice of  a protective  order issued  under this  section                                                               
shall comply with  the order."; the sentence that  began with the                                                               
words,  "A third  person" now  begins  with the  words, "A  third                                                               
party"; and  there is now  an additional sentence that  says, "As                                                               
used in this section, 'actual  or legal notice' means delivery by                                                               
mail or facsimile  at the most recently known  place of residence                                                               
or  business  of   the  third  party  or   registering  with  the                                                               
Department  of  Public  Safety."  These changes  to  proposed  AS                                                               
13.26.209(f) were  suggested by  the administration,  and reflect                                                               
how notice would be provided to third parties such as banks.                                                                    
                                                                                                                                
MS.  MUNSON   explained  that  what  was   formerly  proposed  AS                                                               
13.26.325 - pertaining  to the definition of the  word, "fraud" -                                                               
was changed  in Version I  to proposed AS 13.26.324;  this change                                                               
reflects the  fact that a  section 325  has already been  used in                                                               
AS 13.26.    Furthermore,  proposed   AS  13.26.324(2)  now  more                                                               
accurately  defines  the  word,  "fraud" in  part  as,  "offenses                                                               
against  property   under  AS  11.46.100  -   11.46.740";  and  a                                                               
conforming change to  a similar definition in  AS 44.21.415(g) is                                                               
being proposed  via a new  Section 14.   Version I's  proposed AS                                                               
18.65.530(a)(2) fixes  a drafting error -  noticed by Legislative                                                               
Legal and Research  Services - via use of the  word, "or" instead                                                           
of the  word, "and".   Proposed AS  47.24.010(e) now  retains the                                                           
existing  phrase,  "at  the earliest  opportunity";  this  change                                                               
ensures that  law enforcement officers won't  unnecessarily delay                                                               
notification.                                                                                                                   
                                                                                                                                
2:13:04 PM                                                                                                                    
                                                                                                                                
MS.  MUNSON referred  to the  new subsections  being added  to AS                                                               
47.24.015, and  explained that in Version  I, proposed subsection                                                               
(h)  has  been  rewritten  such  that  in  order  to  conduct  an                                                               
investigation, the department must seek  a subpoena - this change                                                               
addresses a  concern that as  originally written,  subsection (h)                                                               
raised  Fourth Amendment  issues;  that when  subsection (h)  was                                                               
rewritten,  the   language  in   the  original   bill's  proposed                                                               
subsection  (j)  became obsolete,  and  so  Version I  no  longer                                                               
contains  that  language  and the  remainder  of  AS  47.24.015's                                                               
proposed subsections have been  relettered accordingly; that that                                                               
deletion has  also resulted [in  the deletion of language  in the                                                               
bill reflecting an  indirect court rule change to Rule  65 of the                                                               
Alaska Rules of  Civil Procedure]; and that  Version I's proposed                                                               
subsection (m)  now uses the  phrase, "maintained by  any person"                                                               
rather  than  unnecessarily  providing  for a  specific  list  of                                                               
people/entities  that maintain  financial records,  since if  the                                                               
department wants  access to financial records,  it doesn't matter                                                               
who is holding them.                                                                                                            
                                                                                                                                
MS. MUNSON  explained that to  reflect the statutory  creation of                                                               
[temporary conservatorships  via proposed AS  13.26.207], Version                                                               
I's proposed  AS 47.24.016(a)  now also  references conservators;                                                               
this conforming change was also  made to proposed AS 47.24.017(a)                                                               
[and  to  the  first  sentence   in  proposed  AS  47.24.050(b)].                                                               
Furthermore,  proposed  AS  47.24.016(a)(1) now  also  references                                                               
legal  separation proceedings,  thereby precluding  a spouse  who                                                               
has  initiated  such a  proceeding  from  being selected  by  the                                                               
department as  a vulnerable  adult's [surrogate  decision maker].                                                               
Proposed AS  47.24.19(c), in two places,  now references "person"                                                               
instead of providing  for a list of specific  people against whom                                                               
the department may seek an  injunction preventing interference in                                                               
the provision  of protective services;  this change  reflects the                                                               
fact  that anyone  who  is interfering  in  a vulnerable  adult's                                                               
receiving of protective services should be stopped.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG,  in response  to a  question, explained                                                               
that the term,  "attorney-in-fact" as used in AS  47.24 refers to                                                               
a  person  operating  under  power  of  attorney  or  some  other                                                               
delegation of authority.                                                                                                        
                                                                                                                                
MS.  MUNSON  noted  that  the  aforementioned  conforming  change                                                               
regarding  conservators  should  also   be  made  to  the  second                                                               
sentence in proposed AS 47.24.050(b)  via an amendment that would                                                               
add  the term,  "conservator," to  page  16, line  14, after  the                                                           
term, "guardian,".                                                                                                              
                                                                                                                                
2:19:30 PM                                                                                                                    
                                                                                                                                
MS. MUNSON went on to  explain that proposed AS 47.24.900(2)(A) -                                                               
which defines the word, "abuse" in  terms of an action taken with                                                               
a  specific  culpable  mental  state  -  now  also  includes  the                                                               
culpable  mental state  of "knowing".   Proposed  AS 47.24.900(4)                                                               
now uses the term, "includes",  rather than the term, "means", in                                                       
its  definition of  the term,  "informed  decision"; this  change                                                           
ensures that being free from  undue influence would be considered                                                               
a component of,  rather than a strict definition  of, an informed                                                               
decision.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  questioned whether  the bill -  for purposes                                                               
of  ensuring  that  vulnerable  adults  are  making  an  informed                                                               
decision  - addresses  the issue  of interpreters  for those  not                                                               
fluent in English.                                                                                                              
                                                                                                                                
MS.  MUNSON offered  her  understanding that  the  bill does  not                                                               
specifically address that issue,  but ventured that arranging for                                                               
an interpreter would be part  of the protective services that the                                                               
department provides to a vulnerable  adult.  She surmised that no                                                               
one  would  consider a  vulnerable  adult  to have  consented  to                                                               
something that he/she didn't understand.                                                                                        
                                                                                                                                
MS. MUNSON  went on to  explain that proposed  AS 47.24.900(7)(B)                                                               
now also  includes the  term, "fraud," in  its definition  of the                                                           
term,  "exploitation", as  well  as a  reference  to proposed  AS                                                               
13.26.324(1) and (2)'s specific  definition of the term, "fraud".                                                               
She noted that  in order to avoid using  circular logic, proposed                                                               
AS 13.24.324(3)'s  aspect of the  term, "fraud"  was specifically                                                               
not included  in the definition of  that term as it's  being used                                                               
in  proposed  AS  47.24.900(7)(B)  to  partly  define  the  term,                                                               
"exploitation".   Proposed 47.24.900(9) - which  defines the term                                                               
"neglect"  -  now also  includes  the  culpable mental  state  of                                                               
"knowing"; and  now uses  the term,  "includes", rather  than the                                                           
term, "means", in  its definition of the  phrase, "essential care                                                       
or services".  This latter  change addresses the possibility that                                                           
essential  care   and  essential   services  aren't   only  food,                                                               
clothing, shelter, medical care, and supervision.                                                                               
                                                                                                                                
2:26:02 PM                                                                                                                    
                                                                                                                                
MS.  MUNSON  explained that  proposed  AS  47.24.900(11) -  which                                                               
defines  the term,  "protective  services" -  has undergone  some                                                               
formatting and wording  changes but not changes to  meaning.  One                                                               
example  of  a  wording  change  is that  what  is  now  proposed                                                               
subparagraph (D)  says, "staying financial  transactions" instead                                                           
of, "freezing an  account at a financial  institution".  Proposed                                                           
AS 47.24.900(15)(D) - which contains  an aspect of the definition                                                               
of  the phrase,  "unable  to  consent" -  now  also includes  the                                                               
concepts of waste  or dissipation of income or  assets.  Proposed                                                               
AS 47.24.900(18) has been rewritten  such that it now defines the                                                               
term, "fiduciary  duty" to mean  "the duty  of a third  party who                                                               
stands in a position of  trust or confidence with another person,                                                               
including  a vulnerable  adult, to  act with  due regard  for the                                                               
benefit  and  interest  of that  person";  this  definition,  she                                                               
relayed, comes  from [a 1969  Alaska Supreme Court  case, Paskvan                                                             
v. Mesich].                                                                                                                   
                                                                                                                                
MS.  MUNSON explained  that proposed  AS  47.24.900(21) has  been                                                               
rewritten such  that it now  defines the term,  "undue influence"                                                               
to mean, "the use  by a person who stands in  a position of trust                                                               
or confidence  of the person's  role, relationship,  or authority                                                               
to  wrongfully  exploit  the  trust, dependency,  or  fear  of  a                                                               
vulnerable adult to gain control  over the decision making of the                                                               
vulnerable adult, including decision  making related to finances,                                                               
property,  residence,  and health  care".    This definition,  in                                                               
addition to partially conforming to  language used in other parts                                                               
of the  bill regarding persons who  stand in a position  of trust                                                               
or  confidence, replaces  the concept  of "deceptively"  with the                                                               
concept of "wrongfully" in order to avoid using circular logic.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that one could  act wrongfully in                                                               
exerting undue  influence coercively, for example,  but still not                                                               
be acting  deceptively, [thereby indicating that  "wrongfully" is                                                               
the more inclusive term].                                                                                                       
                                                                                                                                
MS. MUNSON  went on to  explain that Version I's  proposed direct                                                               
court rule change  to Rule 12(h) of the Alaska  Rules of Criminal                                                               
Procedure -  regarding continuance  of trial  - now  involves the                                                               
addition  of the  following language  after that  rule's existing                                                               
first sentence:   "In deciding  whether to grant the  motion, the                                                           
court shall  consider the victim's  circumstances and  the effect                                                           
the  delay would  have on  the victim,  particularly a  victim of                                                           
advanced  age  or extreme  youth.    The  court shall  place  its                                                           
findings  on  the  record.".   Similarly,  Version  I's  proposed                                                           
direct court  rule change to  Rule 45(a)  of the Alaska  Rules of                                                               
Criminal Procedure - regarding  priorities in scheduling criminal                                                               
cases  - now  involves  the addition  of  the following  sentence                                                               
after that  rule's existing  second sentence:   "The  court shall                                                           
consider the  circumstances of the victim,  particularly a victim                                                           
of advanced  age or extreme  youth, in setting the  trial date.".                                                           
These two direct court rule  changes, she indicated, would ensure                                                               
that the  court considers  the age of  the victim  without simply                                                               
giving preference to a certain  group of people over others based                                                               
on age,  and are  necessary in  order to  address the  problem of                                                               
some cases  either being  delayed or  not going  to trial  at all                                                               
because a  witness or  the victim himself/herself  has died  as a                                                               
result of his/her advanced age.                                                                                                 
                                                                                                                                
MS.  MUNSON   explained  that  under  Version   I,  Section  47's                                                               
subsection (c)  is now proposing  an amendment to  uncodified law                                                               
to  reflect the  fact that  [the  last sentence  of] Version  I's                                                               
proposed  AS 13.26.207(a)  would  effect an  indirect court  rule                                                               
amendment to  Rule 77 of the  Alaska Rules of Civil  Procedure by                                                               
requiring a hearing  within 72 hours of the filing  of a petition                                                               
for the appointment  of a temporary conservator.   In conclusion,                                                               
she  relayed that  in  order  to ensure  that  the [Alaska  Court                                                               
System (ACS)]  has enough time  to create the  forms necessitated                                                               
by  the enactment  of  HB  150, Version  I  is  now proposing  an                                                               
effective  date  of  July  1,  2011,  rather  than  an  immediate                                                               
effective date as proposed in the original bill.                                                                                
                                                                                                                                
REPRESENTATIVE  HOLMES removed  her  objection to  the motion  to                                                               
adopt Version I as the working  document.  There being no further                                                               
objection, Version I was before the committee.                                                                                  
                                                                                                                                
2:35:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to adopt  Amendment 1, to                                                               
add  the word,  "conservator," to  page  16, line  14, after  the                                                               
word, "guardian,".   There  being no  objection, Amendment  1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  then directed attention to  language on                                                               
page 8, lines  9-10 - existing AS 44.21.415(g)(2)  - defining the                                                               
term, "older Alaskan" to mean a  person residing in the state who                                                               
is  60  years  of  age  or  older.    Noting  that  AS  44.21.415                                                               
establishes the duties  of the state's office of  elder fraud and                                                               
assistance,  he  questioned  whether  that statute  ought  to  be                                                               
amended such  that that office  could then provide  assistance to                                                               
any person 60 years of age  or older who is physically present in                                                               
Alaska regardless of whether he/she actually resides in Alaska.                                                                 
                                                                                                                                
The committee took an at-ease from 2:39 p.m. to 2:49 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG,  referring to  an issue  raised earlier                                                               
by Representative  Lynn, asked whether there  were any provisions                                                               
of  statute  that  provide  the  right of  an  interpreter  to  a                                                               
vulnerable adult not fluent in English.                                                                                         
                                                                                                                                
2:53:08 PM                                                                                                                    
                                                                                                                                
DOUG  WOOLIVER,  Administrative Attorney,  Administrative  Staff,                                                               
Office  of  the  Administrative  Director,  Alaska  Court  System                                                               
(ACS), explained that  federal law requires the  court to provide                                                               
interpreters to  any non-English-speaking  persons involved  in a                                                               
court proceeding.                                                                                                               
                                                                                                                                
2:53:54 PM                                                                                                                    
                                                                                                                                
SCOTT   STERLING,   Supervising   Attorney,   Elder   Fraud   and                                                               
Assistance,  Office  of  Public  Advocacy  (OPA),  Department  of                                                               
Administration  (DOA),  in  response to  questions  regarding  AS                                                               
44.21.415  and the  term, "residing"  as used  in its  subsection                                                               
(g)(2)'s  definition  of  "older  Alaskan",  explained  that  his                                                               
office first  ascertains whether an  elderly person who  has been                                                               
victimized  has  established  actual   residency  in  Alaska,  or                                                               
whether he/she was victimized while  just visiting the state.  If                                                               
the  latter,  then his  office  still  attempts to  provide  what                                                               
assistance it  can, but doesn't  normally engage  in full-fledged                                                               
representation.   For example, his  office will provide  an older                                                               
visitor   who's  been   victimized  with   a  reference   to  law                                                               
enforcement, and will help him/her  get immediate assistance from                                                               
social service agencies if needed.   He mentioned that such cases                                                               
are rare, that  it's more common that an Alaska  resident who was                                                               
exploited while  living in  Alaska then moves  out of  state, and                                                               
it's  his office's  policy  to then  finish  the [advocacy]  work                                                               
begun while  the victim was residing  in Alaska.  He  noted, too,                                                               
that because the statute uses  the term, "person" rather than the                                                               
term,  "citizen",  his  office would  provide  assistance  to  an                                                               
illegal alien residing in Alaska  who's been victimized, although                                                               
to date no such person has sought assistance from his office.                                                                   
                                                                                                                                
MR. STERLING,  in response  to questions  regarding interpreters,                                                               
explained  that when  his office  gets a  client who  requires an                                                               
interpreter, his office  attempts to find a  pro bono interpreter                                                               
in order to better communicate with  that client, and has done so                                                               
in two  instances that he is  aware of.  He  is unaware, however,                                                               
of any specific statute, court  rule, or constitutional provision                                                               
that  requires   an  executive  branch   agency  to   provide  an                                                               
interpreter  to  a  person seeking  services,  though  under  his                                                               
ethical obligations as an attorney, he  added, if he is unable to                                                               
find a  pro bono interpreter,  he would seek permission  from his                                                               
superiors to retain  one.  In response to a  further question, he                                                               
opined that in terms of  his office's operations and provision of                                                               
services  under  AS  44.21.415, the  current  system  is  working                                                               
pretty well  with volunteer interpreters,  and relayed  should he                                                               
ever  need to  actually retain  an interpreter,  he would  do his                                                               
best to persuade his superiors to allow it.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG indicated  a  desire  to research  that                                                               
issue further.                                                                                                                  
                                                                                                                                
REPRESENTATIVE THOMPSON  - referring to the  language of proposed                                                               
AS 13.26.209(f) that  read, "As used in this  section, 'actual or                                                               
legal notice'  means delivery  by mail or  facsimile at  the most                                                               
recently known place of residence  or business of the third party                                                               
or registering  with the  Department of  Public Safety."  - asked                                                               
how  registering  with  the Department  of  Public  Safety  (DPS)                                                               
constitutes  notifying a  third party  about the  existence of  a                                                               
protective order.                                                                                                               
                                                                                                                                
3:04:01 PM                                                                                                                    
                                                                                                                                
KELLY  HENRIKSEN,  Assistant  Attorney  General,  Human  Services                                                               
Section,  Civil  Division  (Juneau),  Department  of  Law  (DOL),                                                               
surmising that [the third party  referred to in that provision is                                                               
primarily going  to be a  financial institution],  explained that                                                               
the language  regarding registering  with the  DPS refers  to the                                                               
DPS's registry of  protective orders, and that  once a protective                                                               
order  is so  registered,  that  in itself  is  considered to  be                                                               
providing  legal  notice,  since financial  institutions  already                                                               
check that  registry during the  normal course of business.   She                                                               
offered  her belief,  additionally,  that  such businesses  could                                                               
simply set up a system  of routinely checking that registry every                                                               
day.                                                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG  questioned what the impact  would be of                                                               
removing the  language regarding  registering a  protective order                                                               
with the DPS.                                                                                                                   
                                                                                                                                
MR. STERLING predicted  that it could prove very  difficult for a                                                               
vulnerable  adult from  a  rural  area of  the  state to  deliver                                                               
actual  notice to  a financial  institution that  doesn't have  a                                                               
branch in  the area.   The language providing the  alternative of                                                               
registering a  protective order  with the  DPS would  remedy such                                                               
situations.   He  acknowledged,  though, that  under the  current                                                               
language of  proposed AS 13.26.209(f),  perhaps simply  sending a                                                               
facsimile of the protective order  to the financial institution's                                                               
nearest branch or headquarters  would suffice, particularly given                                                               
that  rarely   are  financial  institutions  locally   owned  and                                                               
operated anymore.  He also  mentioned that although the financial                                                               
institutions that his office deals  with have uniformly been very                                                               
cooperative in attempting to stop  fraudulent activity, they have                                                               
relayed that  they often  feel constrained  by provisions  of the                                                               
law that  require them to  honor even a nominally-valid  power of                                                               
attorney.   The  hope is  that providing  for a  protective order                                                               
would protect both the third  party and the vulnerable adult from                                                               
the fraudulent acts of the respondent.                                                                                          
                                                                                                                                
[Chair Gatto turned the gavel over to Vice Chair Thompson.]                                                                     
                                                                                                                                
VICE CHAIR  THOMPSON questioned whether proposed  AS 13.26.209(f)                                                               
ought to be amended such that  the protective order would have to                                                               
be both  delivered by mail  or facsimile and registered  with the                                                               
DPS.                                                                                                                            
                                                                                                                                
MR.  STERLING  surmised  that  such a  change  might  prove  more                                                               
burdensome on the  vulnerable adult - the victim -  than would be                                                               
desirable.   Again, providing that a  protective order registered                                                               
with the DPS  is legally noticed to a third  party would give the                                                               
victim another  option in  situations where  he/she is  unable to                                                               
deliver actual notice.                                                                                                          
                                                                                                                                
[Vice Chair Thompson returned the gavel to Chair Gatto.]                                                                        
                                                                                                                                
MS. HENRIKSEN concurred.                                                                                                        
                                                                                                                                
[After  the  following  motion but  before  adjournment,  members                                                               
thanked various staff members and  department personnel for their                                                               
subcommittee work on HB 150.]                                                                                                   
                                                                                                                                
3:16:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON  moved to  report  the  proposed CS  for                                                               
HB 150, Version  27-GH1722\I, Mischel,  3/17/11, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 150(JUD)  was reported  from  the  House Judiciary  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
HB150 Supporting Documents-Letter ACoA 03-07-11.pdf HJUD 3/18/2011 1:00:00 PM
HB 150
John J. Burns Biography.pdf HJUD 3/18/2011 1:00:00 PM
John J. Burns Resume 03-02-11.pdf HJUD 3/18/2011 1:00:00 PM
HB150 CS Version I 03-17-11.pdf HJUD 3/18/2011 1:00:00 PM
HB 150
HB150 Working Group Final Report 03-18-11.pdf HJUD 3/18/2011 1:00:00 PM
HB 150