Legislature(2025 - 2026)BUTROVICH 205
04/11/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB9 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 9 | TELECONFERENCED | |
| += | SB 78 | TELECONFERENCED | |
SB 9-SURRENDER OF INFANTS; INF. SAFETY DEVICE
[CSSB 9(HSS) was before the committee.]
2:01:42 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 9
"An Act relating to the surrender of infants; and providing for
an effective date."
CHAIR CLAMAN said this is the second hearing of SB 9 in the
Senate Judiciary Committee. He said the bill sponsor submitted
three amendments to his office. He invited the bill sponsor to
speak to the bill and the amendments.
2:02:20 PM
SENATOR MYERS, speaking as sponsor, said he would not offer two
of the three amendments today. He explained that one amendment
removed the word "abandonment" from the proposed sign on the
infant safety devices. Although legally accurate, the term is
emotionally charged and could deter someone already in crisis
from using the device, with potentially tragic outcomes. He said
he is exploring alternative wording and is not offering the
amendment today.
2:04:03 PM
SENATOR MYERS said the second amendment deleted language on
page 4 of the bill that required the Department of Family and
Community Services (DFCS) to conduct and approve safety
inspections of the infant safety devices. The DFCS indicated it
would require a fiscal note to hire staff for that work, which
raised concerns given the State's tight budget. He said that
SB 9 would likely result in only a small number of devices
statewide. He said Fairbanks and Anchorage have shown interest
in a device, and he speculated that larger populated areas such
as Juneau and the Mat-Su might show interest too. He anticipated
that each locale would have only one device each. He said that
hiring a full-time employee to inspect a handful of devices
seemed somewhat wasteful. A few committee members expressed
interest in ensuring the devices are safe, and he is
investigating the matter. He stated that he is speaking with
DFCS and the Department of Health (DOH) to identify appropriate
regulatory oversight without adding costs. He said for now, he
will not offer those two amendments, but may revisit the topics
later.
2:06:01 PM
SENATOR MYERS moved to adopt Amendment 3, work order 34-
LS0085\G.3.
34-LS0085\G.3
Bergerud
4/8/25
A M E N D M E N T 3
OFFERED IN THE SENATE BY SENATOR MYERS
TO: CSSB 9(HSS)
Page 2, lines 15 - 17:
Delete "fire department, or other facility designated
by the commissioner as an appropriate location for an
infant safety device under regulations adopted by the
commissioner"
Insert "or fire department"
2:06:15 PM
CHAIR CLAMAN objected for purposes of discussion.
2:06:23 PM
SENATOR MYERS explained that Amendment 3 removes original
language in the bill that would allow the commissioner to
designate other appropriate locations for infant safety devices
under regulations adopted by the commissioner. He said
Amendment 3 was written largely due to a fiscal note
consideration. He said the Department of Family and Community
Services (DFCS) does not perform this type of task. DFCS was
concerned that having this discretionary responsibility would
require hiring someone to write regulations and inspect
facilities, which it does not want to do. He said if Amendment 3
were adopted, the remaining locations for devices would be
medical and emergency service facilities, such as:
• police stations
• trooper posts
• fire departments
• hospitals
• emergency rooms
• freestanding birth clinics
• tribal health organizations
• offices of private physicians
• rural health clinics
SENATOR MYERS noted that these facilities are inspected on a
regular basis.
2:08:19 PM
SENATOR STEVENS stated that, historically, parents who abandoned
a child did so to the care of the fire department. He cautioned
that some tribal health organizations are only open from
8:00 a.m. to 5:00 p.m., expressing concern about the possibility
that a baby could be left unattended for a long time. He said it
makes sense to designate fire stations as the drop-off location
because that is what comes to mind when thinking of abandoned
children.
2:09:02 PM
SENATOR MYERS replied that he is trying to balance several
factors. He said one factor is providing options. He explained
that not every community has an appropriate location available,
and he does not want to exclude communities from participating.
SB 9 does not mandate that facilities install a device. He
explained that if a facility owner does not believe it is an
appropriate location, the owner is free to refuse installation.
SENATOR MYERS said another factor is that Section 4 requires
certain features in the devices. Section 4 requires the device
to notify 911 automatically upon opening. It also requires 24-
hour video surveillance of the device to enable a rapid
response, even if no one is in the building at that moment. He
is working with the Department of Health on the list, and it may
require adjustments as he identifies the appropriate regulatory
authority for the devices. He said the goal is to avoid being so
restrictive that locations are excluded, while also not being so
inclusive it creates a burden.
SENATOR STEVENS agreed and reiterated that tribal health
organizations are only open certain hours and should have the
option not to participate.
2:10:58 PM
CHAIR CLAMAN said he has no plan to move SB 9 today.
2:11:09 PM
SENATOR TOBIN sought verification that the provision in Section
4 offers the commissioner the opportunity to establish
inspection protocols, ensure facilities have the proper
equipment, and prevent items that might impede breathing or
create other risks. She said the commissioner might also be able
to adopt regulations to address decommissioning if a facility is
no longer fully staffed or if the device needs to be relocated.
This would provide guardrails and a framework for moving the
device to a new location. She acknowledged that she may be
reading too much into the regulatory language and asked the bill
sponsor to elaborate on where such oversight would lie.
SENATOR MYERS replied that in discussions with the Department of
Family and Community Services, the Department of Health, and
others, an interesting dynamic emerged between inspection of
facilities and inspection of the devices themselves. He said the
primary concern is the devices, which is why the language in
Section 4, page 4, beginning on line 4, remains in the bill for
now. It provides for some regulatory authority. He stated that
as discussions continue, the specific department assigned that
authority may change. He said oversight will remain; it is just
a question of which department is most appropriate to exercise
that authority.
2:13:22 PM
SENATOR TOBIN drew attention to the language on page 4, line 4,
which does not appear to require ongoing monitoring or upkeep.
She noted that anything has a lifespan and offered the example
of a fifty-year roof that eventually becomes unsafe and no
longer protects a home. She asked whether SB 9 provides any
stipulations for ongoing monitoring or upkeep. She expressed
concern that removing regulatory authority would eliminate the
ability to require periodic inspections, or to ensure that no
extra blankets or other items are placed in the device. She
referenced prior testimony indicating that animals had been
placed in devices or that other contamination issues had
occurred. She stated that regulatory authority would provide
greater oversight to ensure infant safety and health.
2:14:29 PM
SENATOR MYERS replied that the language on page 2, which the
amendment addresses, identifies locations where a device may be
placed and allows expansion of that list by regulation. However,
that does not necessarily address concerns about the devices
themselves. He said there is a tension between regulating the
location of the device and regulating the device itself. He
expressed his understanding that her concern relates primarily
to the device. He explained that is why he is leaving the
language on page 4. He acknowledged the need and interest in
periodic inspections and stated that discussions are ongoing to
determine the appropriate regulatory authority. He said that he
is aware of three manufacturers of these devices in the United
States. One manufacturer conducts annual inspections of its
devices. He has not been able to obtain information about the
other two manufacturers. He expressed his understanding for the
need and interest in periodic inspections from a regulatory
authority.
SENATOR MYERS stated that facilities such as fire departments or
hospital emergency rooms would likely check the devices as part
of their routine equipment inspections. He reiterated that he
asked the chair to hold the bill to allow more time to determine
the appropriate regulatory authority to conduct inspections. He
concluded that the concerns she raises are not necessarily
addressed with Amendment 3.
2:16:39 PM
CHAIR CLAMAN removed his objection.
CHAIR CLAMAN found no further objection and Amendment 3 was
adopted.
2:16:49 PM
CHAIR CLAMAN held CSSB 9(HSS), as amended, in committee.
2:17:07 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:17 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 9 Letters of Support received as of 4.8.25.pdf |
SJUD 4/11/2025 1:30:00 PM |
SB 9 |
| SB 9 Amendment #1 4.11.25.pdf |
SJUD 4/11/2025 1:30:00 PM |
SB 9 |
| SB 9 Amendment #2 4.11.25.pdf |
SJUD 4/11/2025 1:30:00 PM |
SB 9 |
| SB 9 Amendment #3 4.11.25.pdf |
SJUD 4/11/2025 1:30:00 PM |
SB 9 |
| SB 9 Fiscal Note FCS-CSM 4.10.25.pdf |
SJUD 4/11/2025 1:30:00 PM |
SB 9 |