Legislature(2013 - 2014)CAPITOL 120

03/12/2013 01:00 PM House MILITARY & VETERANS' AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HCR 4 HMONG-AMERICAN VETERANS DAY TELECONFERENCED
Moved Out of Committee
+= HB 59 MISSING VULNERABLE ADULT RESPONSE PLAN TELECONFERENCED
Moved CSHB 59(MLV) Out of Committee
+ Bills Previously Heard/Scheduled 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.                                                                                                 

Document Name Date/Time Subjects
HCR 4 request.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Sponsor Statement Hmong Veterans Day.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Supporting Docment 1 Hmong Research Report.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Supporting Docment 2 Article - Facts And Details - Hmong and the Vietnam War.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Supporting Docment 3 Article - Minnesota’s Hmong veterans seek recognition.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Supporting Docment 4 Article - Why Are the Hmong in America.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Supporting Docment 5 Article - Lao Veterans of America.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR 4 Supporting Docment 6 Article - Laos Secret War.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
HCR-4U Hmong-American Veterans Memorial Day.pdf HMLV 3/12/2013 1:00:00 PM
HCR 4
expected testimony hb 59.doc HMLV 3/12/2013 1:00:00 PM
HB 59
HB 59 Supporting Documents- Letter Marianne Mills 3-1-2013.pdf HMLV 3/12/2013 1:00:00 PM
HB 59
HB59 Explaination of Changes.pdf HMLV 3/12/2013 1:00:00 PM
HB 59
HB59 Supporting Documents- Letter Patrick Cunningham 3-4-2013.pdf HMLV 3/12/2013 1:00:00 PM
HB 59
HB59 ver O.PDF HMLV 3/12/2013 1:00:00 PM
HB 59