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Appropriations panel approves moving guardianship funding to judiciary; attorneys-general staffing left to separate budget
Summary
The committee amended and approved Senate Bill 2,029 to transfer guardianship program appropriations to the judiciary branch and to set program-level funding. Funding for Attorney General enforcement staff (BCI agents) was removed from the bill and left for AG budget consideration. The committee approved the bill as amended 10-6.
Senate Bill 2,029 would move appropriations for the state guardianship program from the Department of Human Services (and OMB pass-throughs) into the Judicial Branch, with the judiciary responsible for management oversight and the Attorney General responsible for enforcement of complaints.
Senator Thomas described the amendments that set specific program amounts across several lines: establishment and implementation costs, public guardian and conservator fees, and contract funding for developmental-disability guardianship services. The committee reduced several line items from initial requests to reflect prior appropriations and to keep amounts consistent with the last biennium where called for.
The committee deliberately struck direct funding for Attorney General staffing from the bill, noting appropriations to the AG for BCI agents and investigative support should be handled in the Attorney General's budget process. Committee members said the judiciary's requested administrative staff would be funded in the judiciary budget (02/2002), rather than within this bill, but the program-level appropriations remained in 2,029.
Members debated policy issues at length in committee, including whether moving guardianship oversight into the judiciary is appropriate and how county pass-throughs and public guardian payments are monitored; sponsors said the appropriation adjustments were intended to leave policy debates for the floor and the policy committee while ensuring funds for program continuity. The committee approved the amendment and then approved a due-pass recommendation 10-6 as amended.
