Legislature(2013 - 2014)CAPITOL 120

02/28/2013 01:00 PM House MILITARY & VETERANS' AFFAIRS


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01:03:46 PM Start
01:04:04 PM HCR2
01:46:32 PM HB59
02:26:21 PM Overview: Veterans' Transportation Project
02:40:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HCR 2 PURPLE HEART STATE TELECONFERENCED
Moved Out of Committee
*+ HB 59 MISSING VULNERABLE ADULT RESPONSE PLAN TELECONFERENCED
Heard & Held
+ Overview: Veterans' Transportation Project by TELECONFERENCED
Alaska Mobility Coalition
         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.                                                                                        

Document Name Date/Time Subjects
HB 59 Hearing Memo Request.PDF HMLV 2/28/2013 1:00:00 PM
HB 59
HB 59 Supporting Documents- Letter Chief Tom Clemons 2-2-2013.PDF HMLV 2/28/2013 1:00:00 PM
HB 59
HB 59 Supporting Documents- Letter John Lucking Jr 2-12-2013.PDF HMLV 2/28/2013 1:00:00 PM
HB 59
HB 59 Supporting Documents- Letter Ken Helender 2-11-2013.PDF HMLV 2/28/2013 1:00:00 PM
HB 59
HB059-DPS-DET-02-21-13.pdf HMLV 2/28/2013 1:00:00 PM
HB 59
HB 59 ver U.PDF HMLV 2/28/2013 1:00:00 PM
HB 59
HB59 Supporting Documents- Amber Alert States List 1-22-2013.PDF HMLV 2/28/2013 1:00:00 PM
HB 59
HB59 ver A.pdf HMLV 2/28/2013 1:00:00 PM
HB 59
HCR2 Fiscal Note AK Legislature 2-25-13.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Hearing Request3.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Sponsor Statemet.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Supporting Document Article Frontiersman 7-6-12 Wasilla-City with a Purple Heart.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Supporting Document Celebrating America's Freedoms.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Supporting Document Letter-Ron Siebels.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Supporting Document Military Order of the Purple Heart.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2 Testifiers.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
HCR2A.pdf HMLV 2/28/2013 1:00:00 PM
HCR 2
AMC presentation to the State House Miltary and Veterans Affairs Committee-2013.pptx HMLV 2/28/2013 1:00:00 PM
Alaska Mobility Coalition