NATIONAL ASSOCIATION OF STATE CONTRACTORS LICENSING AGENCIES
Newsletter Inside This Issue: NASCLA President’s Message................... 1 - 2 NASCLA 2011 Annual Conference............. 3 - 4 NASCLA 2011 Annual Conference Sponsors....................... 5 NASCLA 2011 Community Service in Contracting Award Winner..........................6 NASCLA FY 2011/2012 Officers....................7 - 8 NASCLA FY 2011/2012 Board of Directors.................9- 10 NASCLA FY 2011/2012 Committee Members.................... 11 NASCLA Event Calendar & Membership...............12 NASCLA State Member News: Elderly Abuse & Exploitation....... 13 - 14 NASCLA State Member News: Empowering & Educating Califorians through Senior Scam Stoppers Seminars.....15 NASCLA State Member News: Oklahoma Construction Industries Board Hires Administrator.............16
Volume 7, Issue 4
October 2011
Excitement is in the air as we see the first heavy snow falls in the northeast, leaves begin to fall, and the long hot summer days in the south are replaced with cooler weather, football, and plans for the holidays. As we head into fall, this provides us time to reflect on NASCLA’s accomplishments and promises of new things to come in the year ahead.
Fernando Orona, NASCLA Publication Coordinator, and Gwen Derse, NASCLA Bookkeeper, stepped up in Angie’s absence and were instrumental in keeping the NASCLA operations running smoothly while Angie was away from the office during her very short maternity leave.
The NASCLA Annual Conference in Savannah, Georgia, showcased many of the association accomplishments. Over 100 attended the event, making it one of the best attended conferences in NASCLA history! Survey results confirmed that attendees were very pleased with the venue and quality of presentations. The sessions were video recorded and will be available for members wishing to share the conference experience with others on the Members Only Website at www.nascla.org/2011annualconference_ membersonly. The Annual Conference was the culmination of months of hard work by Angie Whitaker, NASCLA Executive Director, and her staff.
The conference was the icing on the cake of the many accomplishments during the fiscal year ending August 31, 2011. Those accomplishments include:
Kirsten Zacharias, who joined NASCLA in February 2011, did a fantastic job her first year as NASCLA Program Coordinator. Kirsten’s work included the planning and organization for this year’s conference. She was instrumental in the success of the conference as she filled in for Angie, as she and her husband, Kevin Whitaker, had their first baby, just weeks before the Savannah conference.
1
A hardy “thank you” to staff and association members alike who contributed in so very many ways to the success of Keith’s conference in Savannah, Georgia.
• NASCLA strategic plans and flow charts for 2011, 2012, and 2013 • Strategic planning workshop with facilitator Michael Barrett • Model legislation for commercial construction • New NASCLA website • Continuing Education Program • National Contractor Disciplinary database upgrade • Public service announcement campaign rollout • NASCLA Accredited Examination Program and NED improvements • Restructuring of NASCLA and NPI business model to NERP in order to minimize costs, and risk to members, and leadership. In addition, a new committee was launched: “NASCLA Resource Committee” under the leadership of Margi Grein, (NV).
NASCLA President Message (Continued) The NASCLA Resources Committee met in late October 2011 with an eye toward developing model programs for member state licensing agencies to address:
her time as an executive officer for the association. Carolyn provided wisdom, energy, humor and countless hours of service to NASCLA during her term on the Executive Committee. Carolyn’s conference in Nashville, Tennessee, in 2009 is one that we will remember for years to come. We thank Carolyn for her service to NASCLA and her staff ’s contributions to her successful year as President in 2009 and our memories of Nashville.
• Preventing Elder Abuse • Disaster Response We look forward to the Resource Committee’s work product and the continued fine work of all NASCLA’s committees, including: • NASCLA Accreditation Examination Program – Heidi Lincer-Hill (CA), Chair • NASCLA Membership – George Whalen (RI), Chair • NASCLA Publications – George Whalen (RI), Chair • NASCLA Education – John Curl (SC), Chair • NASCLA Residential – Steve Pinther (ID), Chair • NASCLA Model Legislation – Kathy LeCroix (AL) • NASCLA Fiscal Policy & Procedures – Greg Crow (AR), Chair • NASCLA Program – Steve Pinther (ID), Chair • NASCLA Nominations – Keith Warren (AL), Chair • NASCLA Resource Committee – Margi Grein (NV), Chair Because NASCLA is only as good as its members choose to make it, please know that your time is appreciated. Your leadership has contributed to helping to make NASCLA the premier organization that it has become over the last 50 years. It is humbling and a great honor to serve as NASCLA President this year. I look forward to serving you and the association, which will conclude our 50th anniversary at the annual conference next fall in Bend, Oregon.
Great conferences, dedicated members, and talented staff have propelled NASCLA forward. And, that is a good thing, because it has never been more difficult to lead a government contractor regulatory agency than it is now. The Great Recession has taken its toll on all of us; our contractors, our agencies and our association. Our licensees are struggling. Budgets have been slashed. Citizen expectations are on the rise, all while consumer confidence hovers at near record lows. That is yet another reason why NASCLA is important to us. It provides the forum and the tools to help meet our stakeholder’s needs. While each NASCLA member stands alone striving independently to serve our communities, together, through the programs and services provided by NASCLA, we gain tools, energy, passion and better our chances of meeting our individual missions and reaching the excellence that we all strive for in our state licensing programs.
Craig P. Smith NASCLA President
Last year’s accomplishments would not have been possible without the leadership, style and professionalism of Mr. Keith Warren (AL). Keith worked tirelessly to advance NASCLA’s agenda over the year. Keith partnered with Greg Crow (AR), NASCLA Treasurer, and John Curl (SC), Immediate Past President, to make this one of our finest and most productive years in NASCLA history. Congratulations to Dawn Bellis (KY) for being selected as NASCLA’s newest Executive Committee member. As Dawn cycles into her new role, it gives us one last chance to thank Carolyn Lazenby (TN) as she concludes
2
NASCLA 2011 Annual Conference More than 100 NASCLA members and supporters gathered in Savannah, Georgia from August 23-26, 2011 for NASCLA’s 49th Annual Conference hosted at the Westin Savannah Harbor Hotel. The 2011 Annual Conference was truly an incredible success with evaluations coming back at 4.93 out of 5! The agenda included 10 educational general sessions led by some of the most prominent industry professionals, NASCLA Committee Meetings and networking events. The NASCLA Program Committee and Staff went above and beyond to make this years’ conference remarkable, and it showed!
NASCLA Committee Meeting. Left to Right, Al Nyman, Craig Smith, Greg Crow, Doug Traylor, Kara Schmitt, Heidi Lincer-Hill, Angie Whitaker.
The NASCLA Committee meetings kicked off the conference the morning of Tuesday, August 23rd and continued on Wednesday afternoon, August 24th. During the various meetings the members worked hard to accomplish NASCLA committee goals and projects. This year there were also a lot of non-committee members in attendance that sat in on the meetings and showed a great interest by asking questions and giving ideas. NASCLA would like to recognize all the committee members for their ongoing dedication, hard work and support throughout the year. You can find the newly appointed committee members for FY 2011/2012 on page 10.
The conference officially began on Tuesday evening, August 23rd, when attendees gathered for the opening reception in the Harbor Ballroom at the Westin Savannah Harbor Hotel. Attendees had the opportunity to mingle and network. During the opening reception the NASCLA Executive Committee, Staff and Conference Sponsors were recognized. A special award of appreciation was presented to Heidi Lincer-Hill for her time of service and leadership of launching the NASCLA Accredited Opening Reception on Tuesday, August 23rd. Examination Program for Commercial General Building Contractors. Mrs. Lincer-Hill has served as the NASCLA Accredited Examination Program Committee Chairperson for the past 7 years. This has been one of the longest terms as a NASCLA Committee Chairperson from 2004/2011; which exemplifies her loyalty, compassion and remarkable dedication to NASCLA. Also on Tuesday, August 23rd, NASCLA held its first Subject Matter Experts meeting lead by Heidi Lincer-Hill and Kara Schmitt. 16 established contractors from throughout the country gathered together to review the NASCLA Accredited Examination test questions to determine whether they continue to be an accurate reflection of the work performed by commercial building contractors. Contractors attending this meeting reported that this experience was not only rewarding and enjoyable, but an excellent way to “give back” to their profession. Heidi Lincer-Hill accepting her award.
On Wednesday, August 24th the general sessions commenced with Thomas K. Hannah presenting on Developing and Promoting Interagency Relationships. A few of the other highlighted speakers included Louis Ling, Board Counsel for the Nevada State Contractors Board, who presented twice during the conference. First on Contractor
3
NASCLA 2011 Annual Conference Discipline, The Nevada Way and then Top Regulatory Cases, to which both presentations received rave reviews! Ken Simonson, Chief Economist with The Associated General Contractors of America spoke on the Construction Outlook during our current economy. Another popular general session was held by Rick Lopes, Chief of the Public Affairs Office for the California Contractors State License Board, who offered valuable information on what your state agency can do in the Public Relations field to help leverage your resources. While in Savannah, NASCLA provided the conference guests with a 90-minute history tour on an open-air trolley Attendees in General Session throughout the city. The tour was a comprehensive look at Savannah’s past which covered much of Savannah’s beautiful historic district, including the lovely historic squares, River Street and City Market. Following the tour, conference attendees and guests enjoyed dinner and live music in The Club Pavilion that overlooked the Westin Savannah Harbor Golf Course. Guests were having a wonderful time dancing and even singing along with the band! The conference came to a close on Friday, August 26th in the Harbor Ballroom where NASCLA hosted the 49th Annual Banquet and Installation of Officers. During the banquet, Craig Smith was inducted as a NASCLA Honorary Member; this is his fifth year of serving on the NASCLA At the Club Pavilion Thursday, August 25th. Board of Directors. NASCLA’s Honorary Membership was created to recognize Past Presidents, Board of Directors and those members who have been dedicated to our mission. The Community Service in Contracting Award was presented to Hardaway Construction and L.P. Building products for their Extreme Makeover build of the Lighthouse Christian Preschool in Nashville, Tennessee. Jill Johnson was in attendance to accept the award on behalf of Hardaway Construction. A special thank you was given to John Curl, Hearing Officer for the South Carolina Residential Builders Commission, for serving as the Annual Conference Master of Ceremonies. Keith Warren, Executive Director of the Alabama Electrical Contractors Board, was recognized and thanked for his outstanding service and dedication over the past fiscal year as NASCLA President. Carolyn Lazenby was also acknowledged for her time of service on the NASCLA Executive Committee for the past 7 years. The 2011 Annual Conference Installation of Officers was brought to a close with inducting Craig Smith as NASCLA’s FY 2011-2012 President and swearing in the new NASCLA Executive Committee. The conference proved to be one to remember for all who attended and we look forward to the 2012 Annual Conference next year in Bend, Oregon!
4
John Curl swearing in the NASCLA Executive Committee for FY 2011-2012. Left to Right, John Curl, Craig Smith, Steve Pinther, Dawn Bellis, Greg Crow and Keith Warren.
NASCLA 2011 Annual Conference Sponsors! The NASCLA Board of Directors, Executive Committee and Staff Would Like to Thank the 2011 Conference Sponsors for their Generous Contribution and Unwaring Support of the Association!
Platinum
Harmari
Gold
Silver
Thank You 2011 Sponsors! 5
NASCLA 2011 Community Service in Contacting Award Winner
The National Association of State Contractors Licensing Agencies (NASCLA) is pleased to announce that Hardaway Construction and L.P. Building Products are the winners of the 2011 Community Service in Contracting Award. This national award was created as a way for NASCLA and its many members to recognize the positive impact that contractor and construction related associations have on their communities. All too often homeowners and consumers hear the “bad” stories about contractors. With this award, NASCLA showcases the countless hours and efforts that contractors and construction related associations make by raising funds, contributing time, labor and materials to charities. Hardaway Construction Company was started in 1924 by L. Hall Hardaway in Nashville, Tennessee. Now owned by his grandson, Stan Hardaway, the company has grown to be one of Nashville’s oldest and largest construction firms in the state. Hardaway Construction has completed a variety of projects ranging from residential construction to commercial, hospitality, recreational, healthcare, religious and more. They have a long history of involvement within their community; they have supported and served many organizations within the Greater Nashville area as well as numerous non-profits throughout the years. Keith Warren, NASCLA President, Awarding Hardaway Construction the winner of the NASCLA 2011 Community Service in Contracting Award.
In May 2010 a terrible flood hit Nashville, Tennessee and the portable classrooms of Lighthouse Christian School were swept down Interstate 24. The floating school was a scene the national news often covered. When Extreme Home Makeover Home Edition, an ABC television program, learned of the flooding they selected to re-build Lighthouse for their show. This was the first time Extreme Home Makeover did a commercial build. True to community spirit Hardaway Construction was eager to assist in the project. Hardaway Construction teamed up with L.P. Building Products and worked for 6 weeks with a DAAD Architecture to design a permanent structure, receive permits from city officials, coordinate the trade contractors, suppliers and all other logistics in order to complete the project in a limited time frame. Hardaway Construction worked gathering resources to meet the one week challenge of building the 6,500 square-foot school building. It took tradesmen 17,000 man hours to complete this project, 125 different subcontractors and suppliers that provided the materials, and 3,000 general volunteers. The estimated cost to build the school was $1.2 million, not including the costs of five meals a day for everyone volunteering, the advertising, apparel, marketing, etc. Thanks to generous donations from vendors, locally and nationally, they were able to get everything donated!
Jill Johnson, with Hardaway Construction, accepting the award.
Jill Johnson, with Hardaway Construction, accepted NASCLA’s Community Service in Contracting Award on Friday, August 26th at NASCLA’s 49th Annual Conference Banquet and Installation of Officers at the Westin Savannah Harbor Hotel in Savannah, Georgia. For more information on NASCLA and the Community Service in Contracting Award, please visit our website at www.nascla.org or contact the association headquarters at (623) 587-9354. 6
NASCLA FY 2011/2012 Officers PRESIDENT Craig P. Smith Oregon Construction Contractors Board Post Office Box 14140 Salem, Oregon 97309 E-mail: craig.p.smith@state.or.us Phone: (503) 378 - 4621 Fax: (503) 373 - 2007
1st VICE PRESIDENT Steve Pinther Idaho State Contractors Board Post Office Box 245 Ashton, Idaho 83420 E-mail: steve@stevepinther.com Phone: (208) 390 - 9950 Fax: (208) 652 - 3608
2nd VICE PRESIDENT John M. Sullivan, II Mississippi State Board of Contractors 2679 Crane Ridge Drive, Suite C Jackson, Mississippi 39216 E-mail: jms@msboc.us Phone: (601) 354-6161 Fax: (601) 354-6715
TREASURER Greg Crow Arkansas Contractors Licensing Board 4100 Richards Road North Little Rock, Arkansas 72117 E-mail: gregory.crow@arkansas.gov Phone: (501) 372 - 4661 Fax: (501) 372 - 2247
7
NASCLA FY 2011/2012 Officers SECRETARY Dawn Bellis Kentucky Department of Housing, Buildings and Construction 101 Sea Hero Road, Suite 100 Frankfor, Kentucky 40601 E-mail: dawn.bellis@ky.gov Phone: (502) 573-0364 Fax: (502) 573-1057
IMMEDIATE PAST PRESIDENT Keith Warren Alabama Electrical Contractors Board 610 South McDonough Street Montgomery, Alabama 36104 E-mail: keith@warrenandco.com Phone: (334) 269 - 9990 Fax: (334) 263 - 6115
2nd IMMEDIATE PAST PRESIDENT & TREASURER ELECT John Curl South Carolina Residential Builders Commission 491 West Chevis Street Florence, South Carolina 29501 E-mail: curlbuilt@aol.com Phone: (803) 896 - 4696 Fax: (803) 896 - 4656
Fiscal Year 2011/2012 Conference Call Calendar
October 20, 2011 NASCLA Executive Committee & NPI Board of Directors Only January 12, 2012 NASCLA Executive Committee & NASCLA Board of Directors May 24, 2012 NASCLA Executive Committee & NPI Board of Directors Only June 28, 2012 NASCLA Executive Committee & NASCLA Board of Directors 8
NASCLA FY 2011/2012 Board of Directors Kathy LeCroix Executive Director Alabama Board of Heating, Air Conditioning and Refrigeration Contractors
Mark Browne Program Director Colorado State Electrical and Examining Board of Plumbers
Keith Warren Executive Director Alabama Electrical Contractors Board
Clifford Cooks Program Manager District of Columbia, Department of Consumer & Regulatory Affairs
J.R. “Chip� Carden, Jr., Executive Director Alabama Home Builders Licensure Board
Eduardo R. Ordonez Executive Director Guam Contractors License Board
Joseph C. Rogers, Jr. Executive Secretary Alabama Licensing Board for General Contractors
Verna Oda Executive Officer Hawaii Contractors License Board
Alfred Tunstill Executive Director Alabama Plumbers & Gas Fitters Examining Board
Steve Pinther Board Member Idaho State Contractors Board
Greg Crow Administrator Arkansas Contractors Licensing Board
Dawn Bellis General Counsel Kentucky Department of Housing, Buildings and Construction
Stephen P. Sands Registrar California Contractors State License Board
Michael McDuff, Executive Director Louisiana State Licensing Board for Contractors
9
NASCLA FY 2011/2012 Board of Directors John M. Sullivan, II Executive Director Mississippi State Board of Contractors
Craig P. Smith Administrator Orgegon Construction Contractors Board
Margi Grein Executive Officer Nevada State Contractors Board
George Whalen Executive Director Rhode Island Contractors’ Registration and Licensing Board
Robert “Robbie” Brooks, Jr. Executive Director North Carolina State Board of Examiners of Electrical Contractors
Janet Baumberger Administrator South Carolina Residential Builders Commission
Dale Dawson Executive Director North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors
John Curl Hearing Officer South Carolina Residential Builders Commission
Nancy Routh Associate Secretary/Treasurer North Carolina Licensing Board for General Contractors
Carolyn Lazenby Executive Director Tennessee Board for Licensing Contractors
Nathan Powell Administrator Oklahoma Construction Industries Board
10
NASCLA FY 2011/2012 Committee Members Accredited Examination Program Committee Heidi Lincer-Hill (CA), Chair Greg Crow (AR) Kathy LeCroix (AL) Al Nyman (FL) Joe Rogers (AL) Doug Traylor (LA) George Whalen (RI) Accredited Examination Program Submarketing Committee Vacant, Chair Greg Crow (AR) Heidi Lincer-Hill (CA) Al Nyman (FL) Nancy Routh (NC) Vic Weston (LA) George Whalen (RI) Education Committee John Curl (SC), Chair Dawn Bellis (KY) Mark Browne (CO) Charles Hickey (GA) Kathy LeCroix (AL) Brooks Myers (TX) Al Nyman (FL) Steve Pinther (ID) Craig P. Smith (OR) George Whalen (RI) Fiscal Policy & Procedures Committee Greg Crow (AR), Chair (FY 11/12) Robbie Brooks (NC) (FY 11/12) Dawn Bellis (KY) John Curl (SC) Steve Pinther (ID) Craig P. Smith (OR) John Sullivan (MS) Keith Warren (AL) George Whalen (RI) (FY 12/13)
Membership Committee George Whalen (RI), Chair Mark Browne (CO) Margi Grein (NV) Kathy LeCroix (AL) Nancy Routh (NC) Craig Smith (OR) Keith Warren (AL) Model Legislation Committee Kathy LeCroix (AL), Chair Jamie Durham (AL), Co-Chair Dawn Bellis (KY) Hendon Coody (AL) Greg Crow (AR) Jessica Fotinos (AZ) Roger Hales (ID) Ellen Leonard (AL) George Whalen (RI) Nomination Committee Keith Warren (AL), Chair Robbie Brooks (NC) Greg Crow (AR) John Curl (SC) Margi Grein (NV) Carolyn Lazenby (TN) Kathy LeCroix (AL) Mark Selph (NC) George Whalen (RI) Program Committee Steve Pinther (ID), Chair Dawn Bellis (KY) John Curl (SC) Dale Dawson (NC) Margi Grein (NV) Kathy LeCroix (AL) Michael McDuff (LA) Craig Smith (OR) Keith Warren (AL)
11
Publications Committee George Whalen (RI), Chair Robbie Brooks (NC) Greg Crow (AR) Dr. Jim Clark (NC) Dale Dawson (NC) Steve Pinther (ID) Joe Rogers (AL) Craig Smith (OR) Residential Committee Steve Pinther (ID), Chair Janet Baumberger (SC) Dale Dawson (NC) Charles Hickey (GA) Brooks Myers (TX) Al Nyman (FL) Vicki Pickering (AR) Nancy Routh (NC) George Whalen (RI) Derrick Williams (SC) Resources Committee Margi Grein (NV), Chair Dawn Bellis (KY) Michael McDuff (LA) Joseph Rogers (AL) Stephen Sands (CA) Craig Smith (OR) John Sullivan (MS) Keith Warren (AL)
NASCLA Event Calendar & Membership
Fiscal Year 2011/2012
Calendar of Events
January 16 - 17, 2012 NASCLA Strategic Planning Meeting Park City, UT The Annual Strategic Planning Meeting is a two-day meeting designed to work on both NASCLA and NASCLA Publications, Inc (NPI) 3 Year Strategic Plan/Vision and develop long term projects and goals.
March 2012 NASCLA 2012 Mid Year Meeting Orlando, Florida The Mid Year Meeting is designed as a planning and project oriented session for NASCLA’s Board of Directors, Committee Members and State Members. *More information to follow shortly
May 22 - 24, 2012 NASCLA Budget Meeting Scottsdale, Arizona NASCLA’s Executive Committee and Fiscal Policies and Procedures Committee will meet to review the interim financials and prepare the NASCLA and NPI forecasted budgets for fiscal year 2011/2012. October 1 - 4, 2012 NASCLA 50th Annual Conference Bend, Oregon NASCLA’s Annual Conference is a great opportunity for NASCLA Members to come together to discuss current issues relevant to the regulation of contractors. The Conference also provides a forum for participants to interact and exchange information on current issues in the industry.
NASCLA Membership! Meet the New NASCLA Members FY 2010/2011 AFFILIATE MEMBERSHIPS API Processing Thomas Hannah ASSOCIATE MEMBERSHIPS Exam Bookstore Hobby Lobby Stores, Inc. Oregon Home Builders Association
BUSINESS MEMBERSHIPS Flintco, LLC CONTRACTOR MEMBERSHIPS All Tech Electrical, LLC BBMK Contracting, LLC Security Vault Works, Inc Townsend Constructors, Inc STATE MEMBERSHIPS Colorado Department of Regulatory Agencies Ohio Construction Industry Licensing Board
12
NASCLA State Member News! Elderly Abuse and Exploitation STEVEN L. BESHEAR Governor
ROBERT D. VANCE Secretary
PUBLIC PROTECTION CABINET OFFICE OF LEGAL SERVICES HOUSING, BUILDINGS AND CONSTRUCTION LEGAL DIVISION DAWN MICHELE BELLIS, ESQ. GENERAL COUNSEL 101 Sea Hero Road, Suite 100 Frankfort, Kentucky 40601-5405 Telephone: (502) 573 - 0365 Fax: (502) 573-1057 www.dhbc.ky.gov MEMORANDUM TO: FROM: DATE: RE:
HBC STAFF TRACY SHIPLEY, Staff Attorney MAY 25, 2011 SUSPECTED ADULT (OR ELDER) ABUSE OR EXPLOITATION: RESOURCES & DUTIES
Kentucky is a mandatory reporting state for suspected abuse, neglect or exploitation of adults. Frequently, agency partners that have access to an individual’s home may be the first to see signs of abuse or neglect – and employees of the Dept. of Housing, Buildings and Construction may have firsthand knowledge of potential FINANCIAL exploitation of adults. An individual that has knowledge that leads to a reasonable suspicion of abuse, neglect or exploitation should call Kentucky’s Adult Abuse Hotline at 1-800-756-6200. This triggers Adult Protective Services (APS) to get involved and conduct a mandatory investigation, and if deemed necessary APS contacts appropriate law enforcement agencies. Obviously, when communicating with APS specific information needs to be given as to why a reporter believes that the adult is unable to protect themselves. The statute offers legal immunity for reporters under the statute and also addresses confidentiality, although there are exceptions to the confidentiality portion of the statute. Additionally, failures to report are classified as Class B misdemeanors under the statute. It is important to note that if an individual is charged with exploiting an adult and the amount of loss is over $300, the individual exploiting the adult will be charged with committing a felony. The following are a few examples of types of financial exploitation that I have seen investigated by the police and prosecuted: Individuals posing as asphalt professionals selected senior citizens to approach regarding paving their driveways, and after receiving partial payment for materials, the contractors never returned to complete any work; Individuals who convinced elderly and mentally impaired individuals to sign over their real properties to them (often family members) who were discovered by law enforcement review of online property documents or deeds;
13
NASCLA State Member News! Elderly Abuse and Exploitation Continued... An individual who approached a disabled person regarding reworking of an entrance to put in a wheelchair ramp and failed to return after being given funds for purchase of materials; etc.
person of those resources; (10) “Investigation” shall include but is not limited to (emphasis added and solely in relevant part): (a) A personal interview with the individual reported to be abused, neglected or exploited… KRS Chapter 209 governs Protection (b) An assessment of individual of Adults… Relevant Selections and environmental risk and safety below factors; (c) Identification of the perpetrator KRS § 209.020 Relevant Definitions if possible; … (4) “Adult” means a person eighteen (18) years of age or older who, KRS § 209.030 governs reports of because of mental or physical adult abuse, neglect and exploitation dysfunctioning, is unable to manage (COPY ATTACHED) his or her resources, carry out the (2) Any person, including but activities of daily living, or protect not limited to physician, law himself or herself from neglect, enforcement officer, nurse, social exploitation, or a hazardous or worker, cabinet personnel, coroner, abusive situation without assistance medical examiner, alternate care from others, and who may be in facility employee, or caretaker, need of protective services. having reasonable cause to suspect (7) “Deception” means but is not that an adult has suffered abuse, limited to: neglect, or exploitation, shall report (a) Creating a false impression, or cause reports to be made in including a false impression as to accordance with the provisions of law, value, intention, or other state of this chapter… mind; (3) An oral or written report shall (b) Preventing another from be made immediately to the cabinet acquiring information that would upon knowledge of suspected abuse, affect his or her judgment of a neglect, or exploitation of an adult. transaction; or (c) Failing to correct a false Subsection 4 governs what relevant impression that the deceiver information is necessary to be previously created or reinforced, communicated if you call the Adult or that the deceiver knows to be Abuse Hotline. influencing another to whom the Subsection 5 is important because person stands in a fiduciary or it mandates that the Cabinet confidential relationship. conduct an initial assessment (9) “Exploitation” means obtaining and take specific action and one or using another person’s resources, of the specifically outlined steps including but not limited to the includes notice to appropriate law funds, assets, or property, by enforcement within 24 hours of deception, intimidation, or similar receipt of the report. means, with the intent to deprive the KRS 209.050 governs Immunity
14
from civil or criminal liability and offers protection to “anyone acting upon reasonable cause in the making of any report or investigation…” KRS § 209.090 governs the legislative intent… it also specifies that it is the General Assembly wanted “… the least possible restriction on the exercise of personal and civil rights consistent with the person’s need for services, and to require that due process be followed in imposing such restrictions.” KRS § 209.140 governs confidentiality of information and whom any information regarding informants may be released to… however, since the alleged abused or neglected or exploited person is allowed access to reporting information, the information may not be kept completely confidential, especially if the individual is particularly vulnerable or mentally compromised. KRS § 209.990 governs the penalties for violation of the chapter. Two things are important to highlight. Subsection (1) governs failures to report suspected abuse, making each failure potentially a Class B misdemeanor. Additionally, any potential financial exploitation of an adult with a loss of over $300 is potentially a felony offense. Kentucky’s Adult Abuse Hotline 1-800-756-6200 Additional information is available through Kentucky’s Cabinet for Health and Family Services under the Department of Community Based Services. See http://chfs. ky.gov/dcbs/dpp/eaa/.
NASCLA State Member News! Empowering and Educating Californians through Senior Scam Stopper Seminarssm Since there is no shortage of scam artists or new scams, the California Contractors State License Board (CSLB) has made outreach to vulnerable populations a key initiative of its consumer education program. CSLB has teamed with legislators and other state agencies since 1999 to coordinate and deliver specialized community presentations, called Senior Scam Stoppersm seminars, which raise awareness and recommended prevention methods when consumers are faced with unscrupulous, traveling door-to-door operators. Senior citizens are the fastest-growing population in California and are often targets for home improvement scams. The two-hour Scam Stopper presentations arm seniors with information and education about home improvement, auto repair, insurance, mortgage and real estate loan, telephone, and financial scams. Local law enforcement representatives also detail scams that have been tried in their local areas. Scammers are good at ingratiating themselves to a lonely senior citizen with the goal of lightening the unsuspecting victim’s pocketbook. Once seniors understand that the charming, but fast-talking, person at their front door may be trying to harm them, they know how to prevent the emotional, financial and, potentially, physical harm that might face them. This knowledge also helps avoid fix-income seniors from having their home damaged and their bank account emptied. “Consumer protection is a high priority for CSLB,” says CSLB Registrar Steve Sands. “There are too many heartbreaking cases of fragile senior citizens being taken by scammers. Our Senior Scam Stoppersm seminars are a great fraud-prevention program and a great way to strengthen partnerships and extend resources among public agencies.”
15
NASCLA State Member News! Oklahoma Construction Industries Board Hires Administrator Oklahoma City, OK (September 12, 2011) - The Oklahoma Construction Industries Board, whose mission is to protect life and property by licensing and inspection of the related trades for the health, safety and welfare of the public, names Janis Hubbard as their new Administrator. The Oklahoma City native brings twelve years of licensing experience along with five years of state agency administration experience to the Construction Industries Board located in Oklahoma City. Larry Shea, Chair of the Search Committee, said, “We are excited to have Jan as our new Administrator. We look forward to having her unique combination of regulatory licensing and administration expertise to help us continue to fulfill our mission.” Hubbard holds a Bachelor of Science degree from Oklahoma State University and is a licensed attorney in Oklahoma. She was First Assistant General Counsel at the Oklahoma Bar Association before going into the private practice of law. Previously, she was the Administrator for the Court of Criminal Appeals. “Having been on both sides of licensing issues, I understand the importance of protecting the public from those who violate rules and standards, and what it means to hold a license to earn a living.” The Construction Industries Board regulates the plumbing, electrical and mechanical trades, building and construction inspectors, home Inspectors, and roofing contractors. Hubbard said, “I believe the work the Construction Industries Board does enhances the reputation of Oklahoma’s trade industries and contributes to construction and skilled workforce growth in Oklahoma.” The members of the Construction Industries Board are appointed by the Governor. Currently, the members are: Larry Shea, Chair (representing the Electrical Contractors), Michael Liston, Vice-Chair (representing the Mechanical Journeymen), Larry Butler (representing the Plumbing Contractors), Keith Miller (representing the Building Inspectors), Tommy O’Donnell (representing the Plumbing Journeymen), Anthony Boevers (representing the Electrical Journeyman), Robert Soder (representing the Mechanical Contractor). For more information, the Construction Industries Board website is: http://www.ok.gov/cib/index.html.
The National Association of State Contractors Licensing Agencies (NASCLA) was founded in 1962 as a nonprofit corporation. Its membership is comprised of states that have enacted laws regulating the business of contracting. NASCLA is dedicated to the mutual assistance of its member states in striving for the better regulation of the construction industry to protect the health, safety and welfare of the general public.
National Association of State Contractors Licensing Agencies 23309 North 17th Drive Building 1, Unit 110 Phoenix, Arizona 85027 Phone: 623.587.9354 Fax: 623.587.9625 info@nascla.org www.nascla.org
16