SENATE BILL NO. 101 "An Act relating to private professional conservators and private and public guardians." 9:44:24 AM DANA OWEN, STAFF TO SENATOR ELLIS AND STAFF TO THE LABOR AND COMMERCE COMMITTEE, provided an overview commenting that the Labor and Commerce Committee introduced this bill on behalf of the Office of Public Advocacy. He deferred to Josh Fink, from the Office of Public Advocacy to provide the larger overview of the bill. Mr. Owen described the intent of the bill to encourage more private professional guardians and conservators and to insure these individuals are adequately and appropriately licensed. The bill has been heard in the Labor and Commerce Committee twice. It was returned to the Committee to incorporate a rather large amendment. This amendment is the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. This act of legislation aims to standardize cases and bring order to questions of interstate jurisdiction. 9:46:51 AM JOSH FINK, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, DEPARTMENT OF ADMINISTRATION, presented an overview of bill. The legislature enacted HB 280 in 2004, establishing licensure and regulatory oversight of private professional guardians and conservators. Prior to the enactment of the bill there was no state oversight of private guardians or conservators in Alaska. This bill corrects some unintended consequences of the 2004 bill. The hope of the licensure bill would be to regulate the profession by screening more capable individuals less likely to exploit those whose lives they assisted. Mr. Fink believed the bill would regulate the formally unregulated industry and hopefully encourage more development of the industry in Alaska. Mr. Fink revealed that the bill, as written, established some impediments, such as requiring multiple licenses entering into this business. He explained that to provide full guardianship, four licenses were required. This bill eliminates the need for multiple licenses and establishes an individual license. Mr. Fink informed the Committee that this legislation was drafted with input from the Office of Public Advocacy, Occupational Licensing and the Alaska State Association for Guardianship. This bill clarifies, in Section 2 and 4, criminal convictions that would disqualify an individual from obtaining a license. The legislation eliminates the requirement that an applicant provide "proof of the ability" to be bonded and insured. Mr. Fink pointed out that when an appointment is made, the court can require that a bond be posted by the private guardian or conservator on a case-by- case determination. It also establishes that an annual report include total fees collected from the protected persons, total business expenses, and documents necessary to establish the financial solvency of the licensee. The bill also directs that an annual report be submitted to Office Public Advocacy rather than Occupational Licensing. 9:52:08 AM Mr. Fink continued that this legislation clarifies that Occupational Licensing may refuse to renew a license and/or take disciplinary action if there is a determination that the licensee failed to meet any of the licensure requirements listed. The legislation further clarifies that financial institutions, regulated by the federal government under the Alaska Statute Title 6, are exempt from the licensing requirements. This legislation requires that public guardians of the Office of Public Advocacy pass the same criminal background checks that are required of private professional guardians and possess the same national certification. Mr. Fink mentioned that amendments added by Labor and Commerce Committee eliminated the need for an expert evaluation to determine whether the respondent is incapacitated if the respondent agrees to the protective appointment. The court must also make written findings if it appoints someone of lower priority as a guardian or conservator. Mr. Fink informed the committee that currently in Statute there is a list for the order of guardianship appointments. SB 101 asks the courts to a make written response as to why the court chose to make an "out of the order" appointment. This legislation would also exempt the respondent from inspection or copying under the Public Records Act unless the records are relevant to an investigation or formal proceeding. Mr. Fink related that there may be some concern involving the exploitation of a family member obtaining private information that is not required for them to know. Finally a new amendment in the bill would allow OPA to collect its monthly fee from the respondent awards funds held at trust in OPA prior to distributing the funds at the termination of the appointment. 9:56:14 AM DEBORAH BEHR, CHIEF ASSISTANT ATTORNEY GENERAL, LEGISLATION AND REGULATION SECTION, CIVIL DIVISION, DEPARTMENT OF LAW and UNIFORM LAW COMMISSIONERS OF ALASKA recommended adoption of the Uniform Adult Guardianship and Protective Proceeding Act, Section 24 to the end of the bill. This uniform act has had experts for years developing a law that works across state lines dealing with the difficulties of multiple guardians residing in different states. This bill makes it easier and less expensive for the courts to address the transfer of guardianship of an incapacitated adult between families residing in different states should the particular need arise. This would require the courts to communicate with each other and determine the best interests of the incapacitated adult. This bill is supported by AARP, the Department of Health and Social Services, the National College of Probate Judges and the National Guardianship Foundation. The bill has no fiscal impact for the State of Alaska. Ms. Behr recommends the passage of this bill. 9:59:13 AM Senator Thomas questioned why this was not a more simple issue if it involved transfer of guardianship between family members in different states. 10:00:43 AM Ms. Behr responded that in the past, guardianship and conservatorship laws responded to a time when families traveled much less but in this time of higher mobility, it must be addressed. The process can be expensive for the family hiring lawyers from different states to deal with different courts. Senator Elton inquired about how the criminal history component was performed. Mr. Fink responded that the applicant is required to submit fingerprints in the application process and the Division of Occupational Licensing runs a criminal history check to confirm if there was a criminal history within the prior ten years of the application. Senator Elton asked who pays for the background check. Mr. Fink responded that an application fee, paid for by the applicant, covers the criminal background check. Senator Elton inquired why a private professional guardian must be licensed but an appointed public guardian or staff person, in Section 22, p. 10-11, has a year before they must apply for and receive certification. He inquired why there would be different criteria for a private individual and for someone who works for OPA. Mr. Fink responded that an individual working for OPA will be supervised and mentored for the year before they are certified. 10:04:10 AM Senator Elton indicated that on page 20 it talks about the registration of guardianship orders and protective orders between the different courts. He asked for an explanation on how bonding works. Senator Elton used the example that if a guardian who is appointed in another state applies for jurisdiction within Alaska, could the State of Alaska require a bond of that person or would that be the privilege of the originating court. Ms. Behr responded that if the courts decided where the individual should be, the other state guardianship would be registered in the original home place of the individual and the other court would monitor any transactions and follow that state's law. Senator Elton clarified that it is the originating court that applied the standards that the guardian must follow. Ms. Behr affirmed that this bill does not change the guardianship standards requirements of being a guardian that is monitored by the other state. 10:05:52 AM Senator Dyson commented on being encouraged that this was being patterned on the Uniform Child Custody Jurisdiction Act. The transitory nature of the Alaskan population makes it important that mutually respected procedures exist for cross jurisdictional issues. He encouraged the passage of this bill. 10:07:12 AM PAT LUBY, ADVOCACY DIRECTOR, AARP, ANCHORAGE, considered SB 8 to be excellent and needed legislation from a consumer perspective. He maintained that the growing older population in Alaska makes it important for the State to exercise oversight over what will only become an expanding guardianship issue. The AARP encouraged support of this bill. 10:08:06 AM SB 101 was heard and HELD in Committee for further consideration.