Legislature(2013 - 2014)CAPITOL 106
03/28/2013 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SJR10 | |
| HCR3 | |
| HB59 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HCR 3 | TELECONFERENCED | |
| + | SJR 10 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 59 | TELECONFERENCED | |
HB 59-MISSING VULNERABLE ADULT RESPONSE PLAN
9:14:10 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 59, "An Act relating to missing vulnerable adult prompt
response and notification plans."
[Before the committee was the CSHB 59(MLV).]
9:16:24 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 59, Version 28-LS0260\Y, Strasbaugh,
3/21/13, as a work draft. There being no objection, Version Y
was before the committee.
9:16:51 AM
REPRESENTATIVE MAX GRUENBERG, Alaska State Legislature, as
sponsor of HB 59, referred to a memorandum dated March 26, 2013,
that mentions the single change on page 2, lines 22-29, which
reinserts original bill language regarding immunity. He
explained there was a misunderstanding where he thought the
administration wanted to delete the immunity language, so the
House Special Committee on Military and Veterans' Affairs took
it out. In response to a question, he identified Mike O'Hare as
the Deputy Director of the Division of Homeland
Security/Emergency Management, Department of Military and
Veterans Affairs (DMVA), and said Mr. O'Hare is involved since
the DMVA would set up this network.
[Public testimony, which was closed on 3/21/13, was reopened.]
9:19:19 AM
RODNEY DIAL, Lt.; Deputy Commander, A Detachment, Alaska State
Troopers, Division of Statewide Services, Department of Public
Safety (DPS), said the department is supportive of the changes
and having immunity back into the bill.
9:19:38 AM
REPRESENTATIVE KELLER said he thought everyone would support the
"Silver Alert System." He offered his belief that this would be
the first time the legislature would create a search and rescue
plan for a particular group of people. He asked whether the
department has any concern about that the proposed legislation
may generate other groups seeking specific search and rescue
plans.
LIEUTENANT DIAL answered that the department envisions that [HB
59] would create a plan that would provide notifications to the
media via an e-mail, phone, or facsimile ("fax") system and
potentially use the regional dispatch centers to receive the
information. He stated he does not believe the number of
notifications that HB 59 would generate would impact the
department in a significant manner. He concluded by stating
that the department really does not have any concerns with the
proposed legislation.
9:20:52 AM
REPRESENTATIVE MILLETT asked Mr. O'Hare how many times "Silver
Alerts" would have been activated in last five years if this
bill had been passed.
8:21:39 AM
MIKE O'HARE, Deputy Director, Division of Homeland Security/
Emergency Management, Department of Military and Veterans
Affairs (DMVA), answered there are not many instances where this
would be in play. He deferred to Lieutenant Dial for further
comment.
LIEUTENANT DIAL guessed that it would probably be six or fewer
"Silver Alerts" per year, in terms of the DPS; however, it would
be hard for him to comment on municipalities. He said that many
of these issues are resolved fairly quickly, so part of the
discussion would consider the timeframe. For example, often
times AST can patrol an area and within a few minutes resolve
the matter by locating the missing person. He surmised about a
dozen cases in total if municipalities were included.
9:23:17 AM
REPRESENTATIVE HUGHES asked whether the six instances previously
mentioned were ones that would require statewide notification.
LIEUTENANT DIAL answered that DPS would envision that it would
be local notification rather than statewide notification.
9:23:51 AM
REPRESENTATIVE ISAACSON referred to the provisions regarding
indemnity. He asked for any instance in which AST would not
consider it necessary to participate in a missing vulnerable
adult prompt response and notification plan.
LIEUTENANT DIAL said that part of the discussion would require
the department to be mindful of situations where someone is
abusing the plan, such as a domestic situation where a person
has left intentionally and the partner reports him/her missing.
He said the department would have concerns regarding liability
in such situations.
9:25:27 AM
CHAIR LYNN recalled one of the concerns voiced at last hearing
was to determine what the definition of missing person is.
REPRESENTATIVE ISAACSON said he appreciates the latitude that
would be given the department. He offered his belief that it is
important that language is in the bill so the department does
not get sued.
9:26:26 AM
REPRESENTATIVE GRUENBERG offered his belief that members may
have been thinking that the [Alaska Tort Claims Act] in Title 9,
which generally covers when you can sue the state for tort,
would cover this. He agreed it would in certain cases, if it is
a discretionary act; however, someone could argue it is not
discretionary. He supported reinserting the immunity language,
because he said people must act quickly and must have the
discretion to do so.
9:27:35 AM
REPRESENTATIVE MILLETT referred to the definition of "vulnerable
adult", [on page 3, lines 5-7, of Version Y], which read as
follows [original punctuation provided]:
(d) In this section, "vulnerable adult" means a
person 18 years of age or older who, because of
physical or mental impairment, is unable to meet the
person's own needs or to seek help without assistance.
REPRESENTATIVE MILLETT offered her understanding that "that
would take out the boyfriend/girlfriend kind of situation,
because if they are not ... physically or mentally impaired,
then they wouldn't be considered under the Silver Alert
[System]." She asked if that is correct.
REPRESENTATIVE GRUENBERG answered yes.
REPRESENTATIVE MILLETT posited that would remove concern about
malicious calls.
REPRESENTATIVE GRUENBERG responded, "That's the intent."
REPRESENTATIVE MILLETT mentioned work done "earlier this year,"
and suggested, "So, we could put 'mentally' or 'intellectually
disabled'."
REPRESENTATIVE GRUENBERG responded, "Of course; your bill."
9:28:34 AM
CHAIR LYNN reclosed public testimony on HB 59.
9:28:41 AM
REPRESENTATIVE MILLETT suggested changing the description of
vulnerable adult to match the language now in statute on mental
disability.
REPRESENTATIVE MILLETT moved to adopt Conceptual Amendment 1, on
[page 3], line 6, to change "mental impairment" to
"intellectually and developmentally disabled". There being no
objection, Conceptual Amendment 1 was adopted.
9:30:05 AM
REPRESENTATIVE KELLER moved to report the proposed committee
substitute (CS) for HB 59, Version 28-LS0260\Y, Strasbaugh,
3/21/13, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 59(STA) was reported out of the House State
Affairs Standing Committee.