Legislature(2025 - 2026)BUTROVICH 205
05/12/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB167 | |
| HB35 | |
| SB9 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 167 | TELECONFERENCED | |
| += | HB 35 | TELECONFERENCED | |
| += | SB 9 | TELECONFERENCED | |
SB 9-SURRENDER OF INFANTS; INF. SAFETY DEVICE
2:02:22 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 third hearing of SB 9 in the
Senate Judiciary Committee. [The committee amended CSSB 9(HSS),
adopting Amendment 3 on April 11, 2025.] The intention is to
consider the adoption of committee substitute (CS), version T.
2:02:37 PM
CHAIR CLAMAN solicited a motion.
2:02:40 PM
SENATOR KIEHL moved to adopt the committee substitute (CS) for
SB 9, work order 34-LS0085\T, as the working document.
2:02:55 PM
CHAIR CLAMAN objected for purposes of discussion. He invited his
staff to present the summary of changes.
2:03:06 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the Explanation of
Changes for SB 9 from version G to version T.
[Original punctuation provided.]
Explanation of Changes
Senate Bill 9: Version G to Version T
Page 2, line 15-17:
Removes the authority of the Commissioner of the
Department of Family [and Community Services] to
designate additional appropriate locations for an
infant safety device beyond the approved listed
designated facilities as requested by the department.
Page 4, lines 4-8:
Deletes assessment considerations for determining
whether to approve a proposed infant safety device and
adds the requirement that the infant safety device
must be installed, operated, and maintained according
to the manufacturer's guidelines and regulations that
are adopted by the Department.
Adds that the infant safety devices must be
inspected upon installation and annually by the
manufacturer or the manufacture's designee, and
inspected monthly by the designated facility that
installed the device. These inspections are required
to be logged by the designated facility and must
include the testing of the device's alarms, cameras,
climate control systems, and locks.
2:04:31 PM
SENATOR TOBIN referred to page 4, lines 4-7 of the proposed CS,
version T, asking whether there is an estimate of the cost
associated with installation and annual inspection requirements.
She asked who would be responsible for covering those costs or
whether the responsibility would fall to the entity utilizing
the boxes.
SENATOR MYERS, speaking as sponsor, replied that he consulted
with Department of Health (DOH) and local fire departments to
develop Section [4.] He stated that entities could roll monthly
inspections into existing equipment inspection routines without
additional cost. He explained that the devices would be treated
similarly to equipment such as fire extinguishers or automated
external defibrillators (AEDs), which already require periodic
inspection.
SENATOR MYERS stated that the manufacturer or designated party
would perform the required annual inspections, as with other
medical equipment, such as hospital beds. He added that DOH
would verify that the manufacturer or designated party completed
the inspections during its facility reviews but would not
conduct the equipment inspections itself.
2:06:20 PM
SENATOR TOBIN stated that while the inspection comparison to
fire extinguishers and automated external defibrillators (AEDs)
is helpful, the inspection requirements for a baby box would
likely be more involved. The inspection process for a baby box
would, hopefully, require more than checking a gauge. She
explained that, based on her experience, certain medical
equipment, such as mammography machines, require service
inspections that the facility using the equipment pays for.
SENATOR TOBIN stated that she would like more information
regarding the anticipated costs associated with installation and
maintenance, including who would ultimately bear those costs.
2:07:07 PM
SENATOR MYERS stated that a representative from Safe Haven Baby
Boxes, a primary manufacturer of the devices, is available to
provide a few more specifics. He noted that installing the
devices is voluntary, and anticipated private donations would
fund many of them. The facility, the manufacturer, and the
fundraising efforts would determine the cost. He explained that
there could be some limited cost to municipalities if fire
departments choose to participate, but participation is not
required.
SENATOR MYERS noted that some hospitals are municipally owned
while others are private or nonprofit entities, and any
associated costs would be incorporated into their operations.
2:08:06 PM
CHAIR CLAMAN expressed his perspective on the language in
paragraph (6) on page 4 of the proposed CS. He noted that the
requirement for inspections upon installation and annually by
the manufacturer or the manufacturer's designee suggests that
the manufacturer would bear the cost of those inspections. He
stated that the language does not indicate that another party
would assume the fiscal responsibility.
CHAIR CLAMAN said Mr. Kelsey from Safe Haven Baby Boxes was
available to provide testimony and answer questions. He invited
Mr. Kelsey to introduce himself, provide a brief statement, and
respond to questions.
2:09:11 PM
JOE KELSEY, Co-Founder and Senior Project Coordinator, Safe
Haven Baby Boxes, Woodburn, Indiana, stated that the program
includes an initial fee covering the manufacture of the baby
box, as well as training and testing for installation at the
designated location. The location is typically responsible for
contracting installation and connecting the system to an alarm
that communicates with the local dispatch center, such as a fire
station.
MR. KELSEY stated that the program includes an annual fee of
$500 in the Lower 48 states, which covers ongoing support for
the baby box program and an annual physical inspection conducted
by the organization.
MR. KELSEY stated that the program requires weekly testing by
the facility, including simulating placement of a baby in the
box to ensure the mechanics function properly and that the alarm
system notifies dispatch within the appropriate timeframe.
2:10:47 PM
CHAIR CLAMAN asked about the annual fee structure, noting that
costs in Alaska are typically higher due to travel expenses. He
asked how the annual fee might change for Alaska and whether the
organization had an estimate.
MR. KELSEY replied that the costs would likely be higher in
Alaska. The basis for pricing is travel-related expenses,
including airfare, lodging, transportation, and wages. He noted
that the organization does not seek to profit from the fee. He
explained that annual visits include inspections of the box to
ensure it does not require maintenance. The inspection also
includes reviewing logs to ensure the location is doing weekly
testing, answering questions, and providing supplies. He said
that his organization wants to ensure each location has the
tools it needs for the safe and successful surrender of a baby.
2:12:42 PM
CHAIR CLAMAN asked whether, in other states where baby boxes are
in use, inspections are conducted by locally based certified
individuals or by staff traveling from the organization's home
office.
MR. KELSEY responded that it is somebody from the home office.
CHAIR CLAMAN asked whether the organization ever uses a
contractor in another location or if all the inspections are
conducted by staff from the organization's home office.
MR. KELSEY replied that inspections are conducted by staff from
the organization's home office, though on rare occasions, local
contacts are used for troubleshooting. The organization aims to
respond to issues within 72 hours, either remotely or in person.
CHAIR CLAMAN asked whether the organization has boxes in Hawaii.
MR. KELSEY replied that the organization does not have any in
Hawaii. He stated that the farthest locations from its base in
Indiana are Arizona and Idaho.
2:14:16 PM
SENATOR TOBIN asked which regulatory body, if any, oversees or
approves Safe Haven Baby Boxes. She referenced comparative
equipment, such as fire extinguishers regulated by the
Occupational Safety and Health Administration (OSHA) and medical
beds regulated by the Food and Drug Administration (FDA).
MR. KELSEY responded that the organization received a
determination from the FDA that the baby box is not a medical
device and is therefore not regulated as one. He stated that
although the box contains medical components, such as a medical
bassinet with UL-listed parts, no government agency regulates
it. He said a safety inspection was conducted on the box, and
that provided recommendations.
2:15:38 PM
CHAIR CLAMAN invited the bill sponsor to make closing comments.
SENATOR MYERS expressed appreciation to the committee for taking
the time to hear SB 9. He also thanked the Department of Health
and the Department of Family and Community Services for their
assistance in developing the legislation, stating that their
input helped balance safety considerations while maintaining a
zero fiscal note.
2:16:11 PM
CHAIR CLAMAN stated that, based on Mr. Kelsey's testimony, the
cost of inspections conducted by the manufacturer would likely
exceed $500 in Alaska and raised the question about who would
bear those costs.
SENATOR MYERS responded that such costs would be known in
advance to any facility choosing to install the devices and
could be planned accordingly. He acknowledged concerns about
future costs and reiterated that it is important to make the
baby box option available.
2:17:05 PM
[The objection to adopting CSSB 9, version T, as the working
document was implicitly dropped and it was adopted.]
CHAIR CLAMAN solicited the will of the committee.
2:17:07 PM
SENATOR KIEHL moved to report CSSB 9, work order 34-LS0085\T,
from committee with individual recommendations and any
accompanying fiscal note(s).
2:17:26 PM
CHAIR CLAMAN found no objection and CSSB 9(JUD) was reported
from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 35 version O 5.12.25.pdf |
SJUD 5/12/2025 1:30:00 PM |
HB 35 |
| CSSB 9 version T.pdf |
SJUD 5/12/2025 1:30:00 PM |
SB 9 |
| HB 35 Explanation of Changes version T to version O 5.12.25.pdf |
SJUD 5/12/2025 1:30:00 PM |
HB 35 |
| SB 9 Explanation of Changes version G to version T 5.12.25.pdf |
SJUD 5/12/2025 1:30:00 PM |
SB 9 |
| SB 9 Letter of Support- City of Fairbanks 4.23.2025.pdf |
SJUD 5/12/2025 1:30:00 PM |
SB 9 |
| Corrected HB 35 Explanation of Changes version T to version O 5.12.25.pdf |
SJUD 5/12/2025 1:30:00 PM |
HB 35 |