Legislature(2013 - 2014)CAPITOL 120
02/28/2013 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HCR2 | |
| HB59 | |
| Overview: Veterans' Transportation Project | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HCR 2 | TELECONFERENCED | |
| *+ | HB 59 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 59-MISSING VULNERABLE ADULT RESPONSE PLAN
1:46:32 PM
CO-CHAIR LEDOUX announced that the next order of business would
be HOUSE BILL NO. 59, "An Act relating to missing vulnerable
adult prompt response and notification plans."
1:47:16 PM
REPRESENTATIVE MAX GRUENBERG introduced HB 59 as the sponsor.
The bill will create a new system to help find missing
vulnerable adults in a manner similar to the Amber Alert system,
which is used to locate missing or abducted children. He
recalled similar legislation last year received support in both
bodies of the legislature, and 29 other states have adopted an
alert system directed towards seniors or vulnerable adults. He
referred to supporting documentation provided in the committee
packet. Representative Gruenberg said the plan is important
for Alaskan families because the weather and geography pose
obstacles to a search for vulnerable adults.
1:50:04 PM
REPRESENTATIVE REINBOLD moved to adopt HB 59, Version 28-
LS0260\N, Strasbaugh, 2/18/13, as the working document. There
being no objection, Version N was before the committee.
1:50:29 PM
REPRESENTATIVE GRUENBERG called attention to the definition of
vulnerable adult in Version N, which references AS
47.24.900(21), the statute that defines a vulnerable adult as a
person 18 years of age or older who, because of incapacity,
mental illness, mental deficiency, physical illness or
disability, advanced age, chronic use of drugs, chronic
intoxication, fraud, confinement, or disappearance is unable to
meet the person's own needs or to seek help without assistance.
He said the bill is clear that the vulnerable adult is missing,
and that the purpose of the Silver Alert is to find the person
missing. The bill provides a new Section 2 which requires the
Department of Military & Veterans' Affairs (DMVA) to cooperate
with the Department of Public Safety (DPS) to use statewide and
local radio and television and other media to develop and
implement prompt response and notification plans for use by law
enforcement, groups, and persons to locate a missing vulnerable
adult. Representative Gruenberg continued to explain that the
notification plans include standards to determine the
circumstances under which a vulnerable adult will be considered
missing and the format, content, and distribution of related
reports. Also, the plan must determine where to implement the
plan and the voluntary participation by radio and television
broadcasters, newspaper publishers, and other communication
media. Subparagraph (b) contains tort immunity for radio and
television broadcasters and publishers of communication media.
Contained in the committee packet are letters of support from
AARP Alaska Chapter, the Alaska Commission on Aging, the Alaska
Association of Chiefs of Police, the Alaska Peace Officers
Association, the Department of Health and Social Services
(DHSS), and a fiscal note from DPS.
1:55:37 PM
REPRESENTATIVE REINBOLD asked for an explanation on the
inclusion of the word "fraud" in the definition of vulnerable
adult.
REPRESENTATIVE GRUENBERG explained that the word "fraud" was
added to a number of statutes due to legislation passed last
year that increased the protection of vulnerable adults who were
victims of elder fraud. Although possible, it is unlikely fraud
will be the "triggering event" in the case of a missing
vulnerable adult.
REPRESENTATIVE HIGGINS asked for clarification on the amendment.
[In the committee packet was a proposed amendment that was not
offered].
REPRESENTATIVE GRUENBERG said the only item in the amendment is
on page 2, line 17, as follows: after "(3)" insert the word
"the."
CO-CHAIR LEDOUX asked whether DMVA or DPS have expressed support
for or opposition to the bill.
REPRESENTATIVE GRUENBERG stated his preference for the
departments to indicate their positions.
2:00:20 PM
REPRESENTATIVE HUGHES asked whether the Silver Alert system
could be incorporated into the existing Amber Alert system in
order to reduce work for the departments.
REPRESENTATIVE GRUENBERG advised the Amber Alert system does not
have statutory basis and the bill would put the Silver Alert
system into statute, ensuring a statewide procedure.
REPRESENTATIVE HUGHES asked if agencies were currently searching
for vulnerable adults on a voluntary basis.
REPRESENTATIVE GRUENBERG was unsure how regularly searches are
made outside of Anchorage.
REPRESENTATIVE HUGHES surmised the Amber Alert is working just
for children who live in cities. She asked whether the Amber
Alert also needs to be in statute and implemented statewide.
REPRESENTATIVE GRUENBERG deferred to the department, although he
was told that the Amber Alert is successful as is, but the
Silver Alert will benefit from publicity and from written plans.
2:03:35 PM
REPRESENTATIVE REINBOLD inquired as to how many people go
missing, and questioned the accuracy of a zero fiscal note when
the bill will result in extra work. She asked whether a report
of related costs will be made to the legislature if the bill
passes and regulations are written.
REPRESENTATIVE GRUENBERG said that would not be a problem;
however, the departments will report directly to the legislature
if there is a fiscal impact sufficient to warrant an
appropriation. In further response to Representative Reinbold,
he relayed the departments do not anticipate the need for an
appropriation. He called attention to the 2/25/13 letter from
the Commission on Aging stating that at least 60 percent of
those with Alzheimer's disease wander at some point during the
course of their disease and if not found within a 24-hour period
up to one-half of those wanderings may result in personal injury
or death. He offered to provide additional statistics.
2:05:59 PM
REPRESENTATIVE HUGHES relayed her personal experience with her
mother-in-law who was afflicted with Alzheimer's disease. She
asked why HB 59 was referred to this committee.
REPRESENTATIVE GRUENBERG explained the communication system
affected by the bill is under the emergency management function
of DMVA.
REPRESENTATIVE GRUENBERG, in further response to Representative
Hughes, indicated he has not gathered statistics on veterans.
2:08:46 PM
MCHUGH PIERRE, Deputy Commissioner, Office of the Commissioner
/Adjutant General, DMVA, acknowledged that the bill instructs
DMVA to partner with DPS to accomplish the intent of the bill.
Currently, DMVA partners with DPS on the Amber Alert, which
works well as it is presently implemented. He opined this
legislation is proposed because communities want to protect
vulnerable adults of all descriptions. An existing system
within DMVA exists to send messages in emergency situations -
such as Amber Alerts and tsunamis, or other needed widespread
communication to the public - and this system can be used for
the proposed Silver Alert. Mr. Pierre advised that DPS will do
most of work and there is no increased cost to DMVA.
REPRESENTATIVE REINBOLD restated her concern about the zero
fiscal note and asked for assurance that DMVA will inform the
legislature if costs are incurred.
MR. PIERRE confirmed that if the bill incurred costs known at
this time it would be reflected in the fiscal note. He pointed
out that DMVA does not respond until the message is spread
statewide.
2:11:41 PM
REPRESENTATIVE HIGGINS surmised that DMVA is a part of the
communication process and asked how the message is communicated
to the public.
MR. PIERRE said the DMVA process is two-fold: at the time of
any emergency, DPS or DMVA can put a message in the system for
dissemination. In further response to Representative Higgins,
he explained that emergency alert system (EAS) alerts are
broadcast on television and radio.
REPRESENTATIVE HIGGINS advised that Florida has big signs over
the highways that display the message.
MR. PIERRE expressed his belief that there are three signs on
the road system in Alaska that "are plugged into the system."
He clarified that the fiscal note addresses the action that is
prescribed by the legislation and does not address "future
wishes or desires by the department." In fact, if further
action is deemed necessary, there must be budget discussions.
REPRESENTATIVE GRUENBERG expressed his appreciation to Mr.
Pierre for his work on the bill.
2:15:27 PM
RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment,
Division of Alaska State Troopers, DPS, informed the committee
DPS is neutral on HB 59 and supports the intent of the
legislation. However, the department is concerned about the
definition change regarding "vulnerable adult" that was brought
about by Senate Bill 86 during the last session of the
legislature. The aforementioned change in the definition of
vulnerable adults included those believed to be incapacitated by
drugs or alcohol, and significantly increased the number of
potential alerts generated by the bill. An increased number of
alerts may discourage voluntary participation in the program and
have a desensitizing effect on the public, thereby reducing the
effectiveness of the program. In addition, the expansion of the
definition may result in the abuse of the system in domestic
situations. As a matter of fact, each year DPS receives reports
of missing domestic partners who have intentionally severed
contact. Lieutenant Dial advised that callers sometimes falsify
information in an attempt to find someone. Use of the past
definition of vulnerable adult - "a person 18 years of age or
older who because of a physical or mental impairment is unable
to meet the person's own needs or to seek help without
assistance" - could address these concerns.
CO-CHAIR LEDOUX asked whether the expanded definition would
increase the fiscal note.
LIEUTENANT DIAL replied no, because the legislation requires DPS
to maintain an email, fax, and phone list that would be
disseminated to regional dispatch centers, and after the format
is in place, a minimal amount of time would be needed to
transmit the notifications. In fact, existing 24-hour regional
dispatch centers currently process calls for missing persons and
the only change is the requirement to use a notification
process.
2:19:10 PM
LIEUTENANT DIAL concluded, saying that DPS takes all missing
persons very seriously, supports the intent of HB 59, and stands
ready to assist with the legislation and its intent.
2:19:44 PM
CO-CHAIR LEDOUX expressed her intention to hold HB 59 so the
sponsor can address the questions posed by DPS.
REPRESENTATIVE HUGHES asked DPS for suggestions on how to change
the definition in order to improve the legislation.
LIEUTENANT DIAL said the definition in the original legislation
proposed last year would suffice. The department needs
flexibility in order to use its experience and prevent abuse of
the system in a domestic situation. The original definition
provides sufficient latitude to encompass those identified by a
Silver Alert as well as to offer protection in a domestic
situation, or thoughtful action in the case of chronic
inebriants. He restated the department's support for the intent
of HB 59.
2:23:36 PM
REPRESENTATIVE HUGHES agreed that desensitizing the public would
not be what the sponsor seeks to achieve.
REPRESENTATIVE GRUENBERG asked whether DPS suggests the use of
the definition in Senate Bill 179 proposed during the last
session of the legislature.
LIEUTENANT DIAL indicated yes, in the confines of this
legislation and what would require notification, but DPS does
not want to change the definition of a vulnerable adult in
statute.
REPRESENTATIVE GRUENBERG advised the original definition used in
Senate Bill 179 and the subsequent committee substitute by the
House was the identical definition as in HB 59.
LIEUTENANT DIAL was under the impression that there was a
forthcoming version of the Senate bill.
2:26:02 PM
CO-CHAIR LEDOUX held HB 59 in committee.