Signed by Governor Kevin Stitt

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes a 30-day time limit for a county election board to remove deceased people from the central registry and voter registration list after receiving notice of a county resident death from the Secretary of the State Election Board.

Highlights:

• Requires the Secretary of the State Election Board to transmit such list to the secretary of the county election board who will then use the list to ascertain those voters who are deceased, and will remove such deceased person's name from the central registry and voter registration database within 30 days from the date the list was received by the county election board (Sec. 1.A).

• Establishes the order appointing a guardian, based upon evidence adduced, will set forth the following (Sec. 2.A):

• The determinations made by the court at the hearing;

• The name and address of the individual, if any, appointed to serve as the limited guardian or guardian;

• The specific limitations imposed upon the ward, if the ward is a partially incapacitated person;

• Any authority granted a guardian of the person of the ward to change the place of abode of the ward outside of the state or county without the prior permission of the court; and

• Findings of fact as to whether the ward retains sufficient capacity to vote; and

• Whenever the court determines a review hearing is necessary or desirable, the date of the review hearing.

• Requires the court to make specific determinations regarding the capacity of the subject of the proceeding, including but not limited to determining whether the ward retains sufficient capacity (Sec. 2.B):

• To vote;

• To serve as a juror;

• To operate a motor vehicle;

• To be licensed or continue to practice any profession of the ward; and

• To make personal medical decisions including but not limited to decisions to withhold or withdraw life-sustaining procedures, to receive hospice services through a home or inpatient hospice program, to donate organs, to undergo elective surgery, or to consent to routine or necessary medical or other professional care, treatment or advice.

• Establishes the specific limitations on the legal abilities of a ward for whom a limited guardian of the property is appointed (Sec. 2.C):

• Appoint an agent to act on his behalf;

• Enter into contracts;

• Grant conveyances; or

• Make gifts of property.

• Authorizes the court to, in its discretion, make such further orders as the court deems necessary for the best interest of the ward for care of the ward and maintenance or management of the ward’s property, including but not limited to (Sec. 2.E):

• Order the guardian of the property of the ward to provide the ward from such property with specified amounts of money, monthly, or from time to time, which the ward may dispose of as the ward will determine and for which, other than a showing of the amounts paid to the ward, the guardian will not be required to account. The order may be modified upon application of the guardian or any interested person, and a hearing conducted thereon, with notice of the hearing on such application to be given to those persons entitled to notice; and

• The amount of the bond.

Full Bill Text