Legislature(2013 - 2014)CAPITOL 120
03/12/2013 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HCR4 | |
| HB59 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HCR 4 | TELECONFERENCED | |
| += | HB 59 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 59-MISSING VULNERABLE ADULT RESPONSE PLAN
1:39:50 PM
CO-CHAIR FOSTER announced that the final order of business would
be HOUSE BILL NO. 59, "An Act relating to missing vulnerable
adult prompt response and notification plans."
1:40:48 PM
REPRESENTATIVE GRUENBERG recalled the committee had adopted
Version N as the working document at the 2/28/13 meeting. He
moved to adopt the proposed committee substitute (CS) for HB 59,
Version 28-LS0260\O as the working document.
REPRESENTATIVE REINBOLD objected for discussion purposes.
The committee took a brief at-ease.
1:43:03 PM
REPRESENTATIVE GRUENBERG called the committee's attention to
Version N, page 2, lines 6 through 9, and explained that Version
O makes a stylistic change that places these provisions on page
2, paragraph (1), lines 7 through 10. Also, in Version N, page
2, line 10, "determining when it is appropriate to implement a
plan" and on line 16, "determining where to implement the plan"
have been combined on page 2, line 12, in Version O. Another
change to Version N, on page 2, line 25, is the word "that" was
eliminated in Version O. Representative Gruenberg explained at
the time the bill was offered during the 27th Alaska
Legislature, AS 47.24.900 read as the definition of vulnerable
adult in Version O. However, House Bill 150 passed during that
session broadened the definition in statute to address elder
fraud. Thus, in concurrence with the Department of Public
Safety (DPS), Version O again narrows the definition of
vulnerable adult.
1:46:18 PM
MILES BROOKS, Staff, Representative Max Gruenberg, Alaska State
Legislature, stressed that the change to the definition of
vulnerable adult applies only to the bill and does not change
any other statutes.
1:46:53 PM
REPRESENTATIVE REINBOLD removed her objection.
[Version O was before the committee.]
MR. BROOKS provided additional statistics on Alaska's senior
population and on Silver Alert programs in other states. He
noted that Silver Alerts are part of a growing trend begun in
2006-2007, and the success rate of safe returns from Silver
Alerts is approximately 95 percent to 100 percent. In 2015 the
estimated population of Alaskans aged 60 and older is
approximately 100,000, and by 2024 the population is expected to
grow to 155,000. The estimated number of Alaskans with
Alzheimer's Disease and Related Dementia (Alzheimer's) is
estimated to be approximately 7,000 in 2015 and 11,000 in 2025.
Furthermore, as life spans increase due to advancements in
medical care, it is anticipated that more cases will arise.
REPRESENTATIVE GRUENBERG pointed out the memorandum dated
3/11/13 from Legal Services, Division of Legal and Research
Services, Legislative Affairs Agency, advising that the bill
does not require a special section authorizing the promulgation
of regulations.
REPRESENTATIVE REINBOLD asked how many people will likely be
impacted by the legislation.
MR. BROOKS stated that is hard to estimate; however, statistics
provided by the Alaska Commission on Aging (ACoA), Department of
Health and Social Services, indicate that about 60 percent of
people who suffer from Alzheimer's disease will wander away,
although all 60 percent may not meet the definition for a Silver
Alert under the bill.
REPRESENTATIVE REINBOLD opined "some sort of a number" is
important to know because helping a lot more people could be
very costly.
MR. BROOKS offered to research how many Alaskans would be
affected.
1:52:05 PM
REPRESENTATIVE SADDLER asked for clarification as to whether the
legislation directs DPS and [DMVA] to work with existing media
to develop a program.
REPRESENTATIVE GRUENBERG said yes.
REPRESENTATIVE HUGHES questioned whether DPS and DMVA have ever
issued an alert for someone who is not a child, and whether that
could occur without passage of the bill.
REPRESENTATIVE GRUENBERG deferred to representatives of the
aforementioned departments.
1:53:53 PM
PATRICK CUNNINGHAM, Member, Board of Directors, Alzheimer's
Resource of Alaska; Professor, College of Health, University of
Alaska Anchorage, stated that his agency provides services
throughout the state to persons who have Alzheimer's and their
families. He is also a professor of social work in the College
of Health at the University of Alaska Anchorage (UAA). It is
estimated that close to 7,000 Alaskans have Alzheimer's and
unfortunately as a result of the disease six out of ten will
tend to wander and be unable to find their way home or to a safe
place. Further, if not located within 24 hours, they may suffer
a serious injury or death. Mr. Cunningham gave the example of
an elder woman in Anchorage who was found dead last summer. In
addition to seniors, there are adults with physical and
intellectual disabilities, persons with mental illness, and
soldiers and veterans suffering from traumatic brain injuries or
post-traumatic stress disorder. This legislation will create a
safety plan for many of those who benefit from the Alaska Mental
Health Trust Authority and others who are missing and at risk.
As the number of affected adults is on the rise in Alaska, the
bill would also promote more awareness among public safety
officials and the public. He stated his strong support for the
timely passage of HB 59.
1:56:21 PM
BRAD JOHNSON, Deputy Chief, Fairbanks Police Department (FPD);
Vice President, Alaska Association of Chiefs of Police (AACOP),
stated that AACOP and FPD are in support of Version O of the
legislation, which narrows the definition of vulnerable adult.
In addition, FPD does not believe that the bill precludes any of
the methods it currently uses to locate missing vulnerable
adults, but makes available an additional tool. Mr. Johnson
expressed his belief that the bill is not a mandate but provides
opportunities for municipalities to use when appropriate, and
stated support for the bill on behalf of FPD.
1:58:42 PM
REPRESENTATIVE HIGGINS asked for the steps currently taken by
FPD to respond to a report of a missing adult.
MR. JOHNSON explained FPD would gather information from the
family and then would go door-to-door in areas familiar to the
missing person. Alert notifications would be issued through
Nixle - a government entity social media -, cab drivers would be
notified, and neighbors would be notified through the reverse-
dial notification system through the Fairbanks North Star
Borough. In further response to Representative Higgins, he
said if the case met the criteria for an alert, the bill would
allow FPD to notify Alaska State Troopers (AST) and request an
alert through DMVA and then an emergency alert would go out over
the emergency alert system (EAS) utilizing all broadcast radio
and television, and the General Communication Inc. (GCI) cable
television network.
REPRESENTATIVE HIGGINS surmised the bill authorizes the use of
local media that is currently unavailable.
MR. JOHNSON concurred, and said the notification could be
statewide if warranted.
2:02:44 PM
REPRESENTATIVE HUGHES pointed out the definition of vulnerable
adult for HB 59 has been redefined, and asked whether the new
definition confuses the enforcement of other provisions.
MR. JOHNSON said the change is not a cause for concern for FPD;
however, AST and DPS will be the entities that establish
requesting criteria through a formal Silver Alert plan.
2:04:21 PM
REPRESENTATIVE REINBOLD expressed concern that the legislation
could have local impact on first responders and asked what
system Anchorage already has in place, and for the effect of the
legislation on the Amber Alert in Anchorage. She cautioned that
there may not be sufficient resources "if it is going to be a
tremendous increase in the people that you're having to deal
with on the front line."
STEVE SMITH, Deputy Chief, Anchorage Police Department (APD),
stated APD has a robust procedure for responding to missing,
runaway, or abducted persons regardless of their status. The
Amber Alert system is a very small and narrowly defined part of
that system and is used only in specific cases. In the broader
policy is an array of resources: a patrol supervisor would
assess the situation and determine the right response; contact
is made with the complainant; a thorough search is conducted
close to home; and the response is escalated if warranted.
Available also to APD is its Auxiliary Search Team, which is a
group of citizen volunteers trained in search and incident
command. This approach has served APD well.
REPRESENTATIVE REINBOLD asked whether APD supports the
legislation and whether the absence of this law leaves people at
risk.
MR. SMITH said his testimony does not include the position of
the police department on the bill. However, he said he
appreciates the definition of vulnerable adult in Version 0
because APD does deal with chronic inebriates. He opined APD
does a good job of finding missing persons and agreed with Mr.
Johnson that the bill provides a tool that may not be needed
very often because APD is judicious in the use of the alert
system, and a vulnerable missing adult probably would not be
found far outside the vicinity of Anchorage.
REPRESENTATIVE REINBOLD raised the issue of the fiscal impact of
the bill on the police department.
MR. SMITH opined the bill will not increase the number of calls
and the responding supervisor makes a judgment call on each
situation. He pointed out that APD has found that the local
press is very receptive to carrying press releases and has begun
to use social media and other means of communication as well.
2:13:27 PM
REPRESENTATIVE REINBOLD asked for confirmation that APD supports
the bill and there is no fiscal note.
MR. SMITH said that is a fair characterization.
REPRESENTATIVE SADDLER asked whether the subject of a search is
ever obligated to bear the cost of the search.
MR. SMITH answered that he was not aware of any type of cost
recovery mechanism.
REPRESENTATIVE HUGHES asked Lieutenant Dial whether the bill
would provide a helpful tool and incur no cost.
2:16:04 PM
RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment,
Division of State Troopers, Department of Public Safety (DPS),
stated that DPS supports the intent of HB 59 and the changes
brought forth in Version O that provide the department
flexibility in accomplishing the goals of the legislation. As
far as the bill providing an additional tool to the department,
he said it may assist some of the smaller municipalities that do
not already have a plan of this nature, but the department
currently maintains emergency and media contact lists that can
be utilized in all missing person cases.
REPRESENTATIVE HUGHES then asked whether other areas of law
enforcement use the term "vulnerable adult" and if the use of a
different definition creates a problem for the other work done
by the department.
LIEUTENANT DIAL responded that the change in Version O is
specific to this legislation, thus the department anticipates no
impact on other activities. In further response to
Representative Hughes, he said his understanding is that the
definition [not found in HB 59] affects how the department
interacts with the Department of Law (DOL) and how certain
offenses are charged. The manner of investigations is not
altered.
REPRESENTATIVE HUGHES raised the issue that in a domestic
violence situation the legislation could be abused. She asked
whether this type of case would be "filtered out."
LIEUTENANT DIAL advised the department envisions the Department
of Military & Veterans' Affairs (DMVA) and DPS will create a
plan with sufficient flexibility to address that type of
situation.
2:20:10 PM
REPRESENTATIVE HIGGINS cautioned that if federal law mandates
the implementation of Silver Alerts by digital signage along the
highways, each state may be responsible for that cost.
LIEUTENANT DIAL opined that DPS does not see this legislation as
creating a notification system similar to an Amber Alert;
however, an expansion of the Amber Alert system to incorporate
Silver Alerts would result in a fiscal note to the department.
2:22:32 PM
MIKE O'HARE, Deputy Director, Division of Homeland
Security/Emergency Management, DMVA, stated that the bill
requires DMVA and DPS to collaborate on a planning mechanism
that will provide communications to the local community in the
case of a missing person described by the bill. Some
communities already have a plan and this will help those that do
not. He said DMVA supports the intent of the bill and will
collaborate with DPS as directed by the legislation.
2:24:38 PM
KEN HELANDER, Advocacy Director, AARP Alaska, related his
professional and personal experience dealing with Alzheimer's
patients and others who have wandered away and were lost. From
the standpoint of one who has been a caregiver, the need for a
response system would be rare because most vulnerable adults are
being carefully monitored. However, when someone has wandered,
a system like this would be very helpful to family members and
caregivers.
2:27:04 PM
MARIE DARLIN, Spokesperson, Alaska Commission on Aging (ACoA),
Department of Health and Social Services, expressed the agency's
support of the bill. A letter of support from the commission is
provided in the committee packet. She agreed with the statement
of the previous speaker. In fact, ACoA has heard during the
past year from caregivers of Alzheimer's patients that locating
a missing patient is a top priority.
2:29:23 PM
REPRESENTATIVE REINBOLD asked whether the EAS will be used to
issue the alerts.
MR. O'HARE said that would be determined by the "urgency of the
issue." The EAS is a statewide network, but often notifications
are at a localized level and so would not include the EAS.
LIEUTENANT DIAL concurred, adding that that discussion will be
part of the formulation of the plan.
REPRESENTATIVE SADDLER asked whether DMVA and DPS designed the
Amber Alert system.
2:31:18 PM
MR. O'HARA explained the Amber Alert system was designed from a
national model. It is part of a statewide relay system in
cooperation with the state broadcasters and the Department of
Transportation & Public Facilities (DOTPF) using cable
television, radio, and multimedia to send tsunami warnings as
well as the Amber Alert signal. The system is used on rare
occasions so society is aware of its importance.
LIEUTENANT DIAL added that the notifications are processed
through the DPS Fairbanks dispatch center.
REPRESENTATIVE HIGGINS referred to the language on page 2,
subsection (c) paraphrased as follows:
... the operators of the communications are not
civilly liable for participating in a missing
vulnerable adult prompt response and notification plan
or for participating in the actual implementation of a
plan if the broadcaster, publisher, or owner or
operator has verified the authenticity of the plan's
implementation with the law enforcement agency.
REPRESENTATIVE HIGGINS asked what happens if the plan is not
verified.
REPRESENTATIVE GRUENBERG responded that the immunity would not
apply. The plan will be well-known and if the operators do not
follow the plan the immunity does not apply.
2:35:00 PM
CO-CHAIR LEDOUX asked how the authenticity of the plan would be
verified.
REPRESENTATIVE GRUENBERG explained sufficient verification could
be done by email or fax from an official address. In
conclusion, he thanked the testifiers and offered his hope that
the bill will pass out from committee and save lives.
CO-CHAIR FOSTER closed public testimony on HB 59.
2:36:29 PM
CO-CHAIR LEDOUX moved to report the proposed committee
substitute (CS) for HB 59, Version 28-LS0260\O, Strasbaugh,
3/6/13, out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
59(MLV) was reported from the House Special Committee on
Military and Veterans' Affairs.