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SENATE BILL NO. 99
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY SENATOR MYERS
Introduced: 2/14/25
Referred: Labor & Commerce, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to private professional conservators; and providing for an effective 1
date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 08.26.030 is amended to read: 4
Sec. 08.26.030. Requirements for private professional conservator license. 5
The department shall issue a private professional conservator license to an individual 6
(1) who is at least 21 years of age; 7
(2) who has obtained a high school diploma, or a general education 8
development diploma or its equivalent; 9
(3) who has six months' employment experience in a position 10
involving financial management, or has at least an associate degree in accounting or a 11
closely related field; 12
(4) who is 13
(A) certified as a guardian by a nationally recognized
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organization in the field of guardianships; or 1
(B) licensed as a certified public accountant under 2
AS 08.04; 3
(5) whose criminal history record checks under AS 08.26.070 show 4
that the individual has not been convicted of a felony or of a misdemeanor offense in 5
the state or in any other jurisdiction involving fraud, misrepresentation, material 6
omission, misappropriation, theft, conversion, or any other crime that the department 7
determines would affect the individual's ability to provide the services of a conservator 8
competently and safely for the protected person within 10 years before the application; 9
and 10
(6) who satisfies the application requirements of AS 08.26.060. 11
* Sec. 2. AS 08.26.050(a) is amended to read: 12
(a) The department shall issue a temporary license to an individual under 13
AS 08.26.020 [OR 08.26.030] who 14
(1) is not certified by a nationally recognized organization in the field 15
of guardianships at the time of the application but is likely to become certified within 16
one year from the date [OF] the temporary license is issued; [,] and 17
(2) otherwise satisfies the licensing requirements of AS 08.26.020 [OR 18
08.26.030; AND 19
(2) SATISFIES THE APPLICATION REQUIREMENTS OF 20
AS 08.26.060]. 21
* Sec. 3. AS 08.26.050(b) is amended to read: 22
(b) If an [THE] individual with a temporary license under (a) or (d) of this 23
section submits proof of the required certificate or license [CERTIFICATION BY A 24
NATIONALLY RECOGNIZED ORGANIZATION IN THE FIELD OF 25
GUARDIANSHIPS] within one year from the date of the issuance of the temporary 26
license, the department shall issue the individual a license under AS 08.26.020 or 27
08.26.030 without requiring a new application. 28
* Sec. 4. AS 08.26.050 is amended by adding a new subsection to read: 29
(d) The department shall issue a temporary license to an individual under 30
AS 08.26.030 who 31 34-LS0527\A
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(1) is not certified by a nationally recognized organization in the field 1
of guardianships or licensed as a certified public accountant under AS 08.04 at the 2
time of the application but is likely to become certified or licensed within one year 3
from the date the temporary license is issued; and 4
(2) otherwise satisfies the licensing requirements of AS 08.26.030. 5
* Sec. 5. AS 08.26.130 is amended to read: 6
Sec. 08.26.130. Grounds for disciplinary action. The department may take 7
disciplinary action against an individual under AS 08.01.075 or refuse to issue or 8
renew a license if the department determines that the individual 9
(1) obtained or attempted to obtain a license under this chapter through 10
deceit, fraud, or intentional misrepresentation; 11
(2) has not complied with the standards of conduct established by the 12
department under AS 13.26.001; 13
(3) forfeited a license in this or another jurisdiction as a result of 14
deceit, fraud, intentional misrepresentation, or professional incompetence; 15
(4) has been found by a court in this state to have engaged in 16
professional misconduct or incompetence; 17
(5) has advertised the individual's services in a false or misleading 18
manner; 19
(6) has been convicted, including a conviction based on a guilty plea or 20
plea of nolo contendere, of a felony or other crime that affects the individual's ability 21
to provide services competently and safely for the ward or protected person; 22
(7) has been found to have abandoned, exploited, abused, or neglected 23
a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in 24
AS 47.24.900; 25
(8) has failed to comply with this chapter or with a regulation adopted 26
under this chapter; 27
(9) has continued or attempted to practice after becoming unfit due to 28
professional incompetence; 29
(10) has failed to maintain the certification or licensure required to 30
obtain the individual's license under AS 08.26.020(a)(3) or 08.26.030(4) [BY A 31 34-LS0527\A
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NATIONALLY RECOGNIZED ORGANIZATION IN THE FIELD OF 1
(A) GUARDIANSHIPS, IF THE INDIVIDUAL WAS 2
ISSUED A PRIVATE PROFESSIONAL GUARDIAN LICENSE; OR 3
(B) CONSERVATORSHIPS, IF THE INDIVIDUAL WAS 4
ISSUED A PRIVATE PROFESSIONAL CONSERVATOR LICENSE]; or 5
(11) fails to maintain a bond or other surety as required by a court 6
order. 7
* Sec. 6. This Act takes effect immediately under AS 01.10.070(c). 8