Legislature(2013 - 2014)CAPITOL 106

03/21/2013 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 1 ALASKA MINING DAY TELECONFERENCED
Moved Out of Committee
+= HB 127 OMBUDSMAN TELECONFERENCED
<Bill Hearing Rescheduled to 3/26/13>
+ HB 59 MISSING VULNERABLE ADULT RESPONSE PLAN TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 59-MISSING VULNERABLE ADULT RESPONSE PLAN                                                                      
                                                                                                                                
8:40:34 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO. 59, "An Act  relating to missing vulnerable adult prompt                                                               
response and notification plans."                                                                                               
                                                                                                                                
[Before the committee was CSHB 59(MLV).]                                                                                        
                                                                                                                                
8:40:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, Alaska  State Legislature,  as the                                                               
bill sponsor, explained  that HB 59 would assist  in the location                                                               
of missing adults  via what is colloquially known  as the "Silver                                                               
Alert  System."   He suggested  that this  bill would  pertain to                                                               
people  with Alzheimer's  disease or  dementia and  make sure  if                                                               
they  do wander  away that  they can  be found.   He  offered his                                                               
belief that this can and will save some lives.                                                                                  
                                                                                                                                
8:43:15 AM                                                                                                                    
                                                                                                                                
MILES BROOKES, Staff, Representative  Max Gruenberg, Alaska State                                                               
Legislature,  presented   HB  59  on  behalf   of  Representative                                                               
Gruenberg, sponsor.   He explained that HB 59 would  create a new                                                               
statewide system that would help  find missing vulnerable adults.                                                               
He  stated  that this  concept  passed  the  Senate of  the  27th                                                               
Legislature unanimously  and made  it as far  as the  House Rules                                                               
Standing  Committee.    Currently,  29 states  have  the  "Silver                                                               
Alert"  System or  a similar  program  used for  the recovery  of                                                               
missing vulnerable adults.   A list of those states  can be found                                                               
in members' committee packets.                                                                                                  
                                                                                                                                
MR BROOKES  said there  are many factors  that can  contribute to                                                               
putting  vulnerable   adults  at  risk,  including   terrain  and                                                               
temperatures.   Specifically, HB 59 would  require the Department                                                               
of Military  and Veterans  Affairs (DMVA)  and the  Department of                                                               
Public Safety  (DPS) to develop and  implement notification plans                                                               
for the event of a missing  vulnerable adult.  The plan would use                                                               
a  voluntary  network  of  television   and  radio  stations  and                                                               
newspapers   to   alert   the   public  of   a   missing   adult.                                                               
Additionally,  the  bill calls  for  DMVA  and DPS  to  establish                                                               
standards on when  an alert is triggered and protocols  on when a                                                               
vulnerable adult is considered missing.                                                                                         
                                                                                                                                
MR. BROOKES said the bill  would provide a valuable public system                                                               
to help  ensure that the  search for Alaska's  missing vulnerable                                                               
adults  happens quickly  and  efficiently.   He  stated that  the                                                               
efforts would be  totally voluntary.  He expressed  his hope that                                                               
a relationship could be developed  between the two departments to                                                               
implement this plan.   The bill would define  vulnerable adult in                                                               
Section 2(d).   Prior to the  bill passing from the  Military and                                                               
Veterans'  Affairs  Committee,  the sponsor  had  referenced  the                                                               
definition  of vulnerable  adult in  AS 47.24.900.   However,  he                                                               
recalled that the definition of  vulnerable adult has changed for                                                               
the  purposes  of elder  abuse  and  fraud, but  that  definition                                                               
includes intoxication,  chronic drug use, and  fraud confinement.                                                               
Therefore, the  sponsor has inserted  the prior definition  as it                                                               
was in  AS 47.24.900,  prior to  passage of  the bill  last year.                                                               
Thus the definition is the one  in proposed AS 44.41.060 (d).  He                                                               
noted that  this definition of  vulnerable adult does  not affect                                                               
any other legislation or statute and is limited to this section.                                                                
                                                                                                                                
MR.  BROOKES named  those  in  support of  HB  59, including  the                                                               
Alaska  AARP,   the  Alaska  Commission  on   Aging,  the  Alaska                                                               
Association of Chiefs of Police,  Inc., the Alaska Peace Officers                                                               
Association,  and  the Alaska  Geriatric  Exchange  Network.   He                                                               
stated  that the  letters of  support  can be  found in  members'                                                               
committee packets.                                                                                                              
                                                                                                                                
8:47:57 AM                                                                                                                    
                                                                                                                                
MR. BROOKES, in response to  a comment, referred to Section 2(b),                                                               
which  would  give  broadcasters  immunity from  being  sued  for                                                               
implementing the plan.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  clarified that  would  be  as long  as                                                               
[broadcasters]  were doing  so in  accordance  to the  plan.   In                                                               
response to  Chair Lynn, Representative Gruenberg  explained that                                                               
he  is  not aware  that  any  broadcasters  have been  sued,  but                                                               
[Section 2(b)] would  give them comfort that  if they implemented                                                               
the plan properly,  they would not be sued.   He characterized it                                                               
as a positive step.                                                                                                             
                                                                                                                                
8:48:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON said he  held an informal discussion with                                                               
Deputy  Commissioner McHugh  Pierre.   He asked  whether this  is                                                               
something  the agencies  could  do under  emergency  powers.   He                                                               
asked  for  further  clarification  why  the  statute  change  is                                                               
necessary rather than to defer to the agency.                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG answered  he believes  it is  important                                                               
that as many parts of the  state participate in this as possible.                                                               
Some  local governments  have the  ability  to implement  missing                                                               
vulnerable adult  prompt response  and notification plans.   This                                                               
will  make sure  they  do it,  that it  is  publicized, that  the                                                               
program  gets  going  and  keeps going  with  a  solid  statutory                                                               
framework.  He  emphasized the issue is not "if"  someone has the                                                               
authority,  but whether  the  plan  gets done.    He offered  his                                                               
belief this will be important  to achieve this purpose, and other                                                               
witnesses will testify as well.                                                                                                 
                                                                                                                                
CHAIR  LYNN asked  how the  plan would  be initiated.   He  asked                                                               
whether  it would  be  done by  a  caretaker, at  home  or in  an                                                               
institution.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG answered  yes.  He compared  it to being                                                               
like an  "Amber Alert" System for  a child.  The  parent, friend,                                                               
or caregiver  would state that "so  and so" was missing  from the                                                               
private or institutional  residence.  The party  would notify the                                                               
appropriate law enforcement  official and then the  word would go                                                               
out.                                                                                                                            
                                                                                                                                
CHAIR LYNN  asked whether  the word would  go local  first rather                                                               
than all over state.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG   answered  yes,  the  plan   would  be                                                               
regionalized.                                                                                                                   
                                                                                                                                
8:51:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  asked whether  other groups of  people are                                                               
categorized by DMVA or whether this would be unique.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG answered  that this  has nothing  to do                                                               
with military, unless  an elderly person who lives  on a military                                                               
base goes missing.   He said the reason the  authority rests with                                                               
DMVA is that  DMVA's Division of Homeland  Security and Emergency                                                               
Management has  the network  set up that  would help  provide the                                                               
communications  and work  with DPS  on the  plan.   He stated  it                                                               
would  be  the  civil  defense  emergency  aspects  and  not  the                                                               
military.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KELLER said this is  mandate specific to the DMVA.                                                               
It  is specific  to vulnerable  adults.   He asked  whether other                                                               
classes or categories  are defined for which  the legislature has                                                               
charged the DMVA to provide similar communication requirements.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  answered that  he  doesn't  know.   He                                                               
deferred to the DMVA.                                                                                                           
                                                                                                                                
8:53:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS  asked how  the Amber alert  was instituted                                                               
and  whether there  is  any reason  vulnerable  adults should  be                                                               
treated differently.                                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG deferred to the DMVA.                                                                                  
                                                                                                                                
CHAIR LYNN asked whether there was any opposition to the bill.                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  answered that he  was not aware  of any                                                               
opposition.                                                                                                                     
                                                                                                                                
8:54:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  noted about  30 other states  have similar                                                               
programs.   She referred to the  zero fiscal note.   She recalled                                                               
testimony  given  in  a  prior   committee  where  the  DMVA  was                                                               
confident that  it would  take little effort  to implement.   She                                                               
wondered if  other states'  "Silver Alert"  programs have  a cost                                                               
associated with them.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG said he doesn't  know, but he offered to                                                               
find out and report back to the committee.                                                                                      
                                                                                                                                
8:55:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  said he thinks  the bill has merit.   He                                                               
remarked  that today  the proposed  legislation does  not have  a                                                               
fiscal note;  however, it is  the nature  of things that  in five                                                               
years there may  be a 10-person division.  He  said he hopes not.                                                               
He  expressed  concern  that  someone,  who  doesn't  like  where                                                               
his/her parents  are, could erroneously  report them  as missing,                                                               
which  could  impede  elder  mobility.     He  expressed  further                                                               
concern,  noting it  might be  necessary to  establish a  medical                                                               
assessment.   He described  local efforts  in his  community when                                                               
someone  goes  missing.   He  maintained  his  reservation  about                                                               
putting a good idea into an  agency program with the authority to                                                               
take  action.   He  offered his  understanding  that the  sponsor                                                               
wants  to  ensure there  will  not  be  any question  of  someone                                                               
stepping beyond their authority.                                                                                                
                                                                                                                                
CHAIR LYNN offered  his belief that currently there  must be some                                                               
kind of  procedure in place  when someone goes missing,  which he                                                               
surmised is  a fairly  common event in  neighborhoods.   He asked                                                               
what would be  done under HB 59 differently from  what is already                                                               
being done.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG said testifiers  could shed light on the                                                               
issue.  In  further response to a question,  he anticipated there                                                               
probably  would not  be any  change  in areas  that already  have                                                               
similar  programs; however,  but the  proposed legislation  would                                                               
enable the program  to be used throughout the state.   He said he                                                               
anticipates  that this  program would  work through  local police                                                               
agencies, and  he suspects the  process would remain the  same in                                                               
Anchorage.  He deferred to the  department to answer how it would                                                               
be handled in the villages.                                                                                                     
                                                                                                                                
9:00:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  questioned whether  the beep on  the radio                                                               
and information  printed on the  bottom of the  television during                                                               
programming could  only be  used for an  Amber Alert  for missing                                                               
children, or if it could be used for missing vulnerable adults.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG deferred to the department.                                                                            
                                                                                                                                
9:00:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS understood  the  panic parents  experience                                                               
with missing  children.   She could  envision similar  panic that                                                               
adult  children experience  with aging  parents.   She could  see                                                               
this  bill as  dovetailing with  the  Amber Alert  process.   She                                                               
wondered why  differences were given  to vulnerable  adults since                                                               
it really  wouldn't matter  if it was  small children  or elderly                                                               
parents who have wandered off.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG answered  that it would be  similar.  He                                                               
shared  his family's  experience, when  his son's  friend, David,                                                               
was  intoxicated and  went outside  and it  was days  before they                                                               
found him in  a snow bank.  He said  intoxication isn't something                                                               
specifically listed  in the  bill, but he  wished David  had been                                                               
found earlier.                                                                                                                  
                                                                                                                                
CHAIR LYNN recalled when he  lived in California that his elderly                                                               
grandparents  wandered off  a few  times, but  they were  able to                                                               
find them.                                                                                                                      
                                                                                                                                
9:03:35 AM                                                                                                                    
                                                                                                                                
MIKE O'HARE,  Deputy Director, Division of  Homeland Security and                                                               
Emergency  Management,   Department  of  Military   and  Veterans                                                               
Affairs (DMVA), stated  that the division supports  the intent of                                                               
the bill.   He  acknowledged that  the division  coordinates with                                                               
DPS  on   all  matters  of   emergency  plans,   procedures,  and                                                               
communications.                                                                                                                 
                                                                                                                                
CHAIR LYNN asked whether this is duplicative.                                                                                   
                                                                                                                                
MR.  O'HARE   answered  that  plans   are  in  place   in  larger                                                               
communities  and  in  some  small or  medium  communities.    The                                                               
proposed  bill would  ensure there  are local  plans in  place to                                                               
find missing vulnerable adults.  If  the plans are not already in                                                               
place,  it  would   be  up  to  DPS,  in   collaboration  and  in                                                               
conjunction  with DMVA,  to  help and  assist  in developing  the                                                               
plans.  Mr.  O'Hare relayed that the Amber Alert  System (AAS) is                                                               
not  in  statute; it  is  national  program  in which  the  state                                                               
participates.    He  described  AAS as  "the  most  urgent  alert                                                               
warning  system necessary  for  abducted/missing  children."   He                                                               
related that children  can be grabbed and  taken anywhere against                                                               
their will,  whereas missing elders  usually are not more  than a                                                               
one-mile radius of their home.   He indicated that [searching for                                                               
a missing adult]  does not necessarily require use of  AAS or the                                                               
statewide  Emergency  Alert  System  (EAS),  unless  an  expanded                                                               
search becomes  necessary - based  on circumstances,  weather, or                                                               
the individual  - in  which case, the  alert mechanisms  in place                                                               
would be escalated.                                                                                                             
                                                                                                                                
9:07:11 AM                                                                                                                    
                                                                                                                                
MR. O'HARE stated that the department  would want to leave AAS in                                                               
place, but  would like  to convey to  the legislature  that there                                                               
are  plans in  place to  search and  find missing  and vulnerable                                                               
adults.   He reiterated that  the department supports  the intent                                                               
of HB  59.  In response  to the chair, he  answered that specific                                                               
instances [of missing adults] would  be handled on a case-by-case                                                               
basis.   He  deferred  to  DPS to  respond  with  respect to  law                                                               
enforcement.    He  said  local search  and  rescue  entities  in                                                               
community  would be  activated  and, beyond  that,  DPS and  DMVA                                                               
would become involved,  as needed.  He clarified  that search and                                                               
rescue is  the responsibility of DPS,  so he would not  answer on                                                               
its behalf.                                                                                                                     
                                                                                                                                
9:09:23 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked how  this would be  handled differently  from a                                                               
regular missing person report, such as a runaway teenager.                                                                      
                                                                                                                                
MR.  O'HARE  answered  that  a   runaway  child  is  a  situation                                                               
different from that of a  missing or vulnerable adult with either                                                               
physical or  cognitive impairments, which prevent  the adult from                                                               
caring for him/herself.                                                                                                         
                                                                                                                                
9:10:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said  the reason he was  asking the sponsor                                                               
about DMVA's  role is  that the bill  requires the  department to                                                               
cooperate with  DPS to implement and  develop the plan.   He then                                                               
said  it strikes  him as  odd because  currently the  three items                                                               
that outline the  duties of DMLV seem broad, and  the fourth item                                                               
seems  out of  place.    For example,  the  statute requires  the                                                               
department to  handle the military  affairs of the  state, report                                                               
to the  state, and handle  veterans' services, whereas  this will                                                               
implement response and notification  plans for vulnerable adults.                                                               
He acknowledged  that with respect  to missing  vulnerable adults                                                               
the  goal would  be  the same.   He  asked  about possible  costs                                                               
involved in DMVA's cooperation with DPS.                                                                                        
                                                                                                                                
MR.  O'HARE  responded that  there  are  no costs  associated  in                                                               
providing cooperation.   He stated that DMVA  houses the Division                                                               
of  Homeland Security  and Emergency  Management,  which is  also                                                               
involved   with   coordination    and   planning   of   emergency                                                               
communication.   He said  [the division]  supports the  intent of                                                               
the  proposed bill  and promises  to collaborate  and coordinate.                                                               
He related that  the division currently performs  these tasks and                                                               
will continue to do so under bill.                                                                                              
                                                                                                                                
CHAIR LYNN  remarked that the legislature  creates laws; however,                                                               
the legislature does not "legislate intent."                                                                                    
                                                                                                                                
9:12:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS related  a  scenario in  which her  mother                                                               
wandered off,  but her mother  may have  felt she was  just going                                                               
for a  walk.  She  asked, under HB 59,  at what point  her mother                                                               
would be  considered a vulnerable  adult and whether it  would be                                                               
based on  her mother's say,  on her say,  or if a  medical report                                                               
must  be on  file.   For  example, perhaps  her  mother may  have                                                               
decided she  would go fishing  for the day.   She said  she would                                                               
like to  think that the local  police would respond based  on her                                                               
concern about  her mother's welfare;  however, she  also wondered                                                               
if a missing person must be  missing for 24 hours before a report                                                               
can be filed.                                                                                                                   
                                                                                                                                
MR. O'HARE deferred to DPS to respond.                                                                                          
                                                                                                                                
9:14:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES recalled  Representative Isaacson's earlier                                                               
concerns  that a  program such  as this  one might  expand.   She                                                               
asked whether the same personnel  and equipment could be used for                                                               
the vulnerable adult notification as  for AAS.  She further asked                                                               
how much time and energy might  be necessary if this bill were to                                                               
become law.                                                                                                                     
                                                                                                                                
MR. O'HARE  answered that this is  about communications planning,                                                               
not  about  adding equipment,  staff,  or  any bureaucracy.    He                                                               
explained  that  EAS can  be  regionalized  and provides  tsunami                                                               
warnings,  severe storm  and  Amber Alert  warnings.   This  bill                                                               
would  provide   local  planning   for  search  and   rescue  for                                                               
vulnerable adults, and identify  procedures to expand from local,                                                               
to regional, and, if necessary, to  a statewide alert system.  He                                                               
offered his  belief that  it would not  require more  manpower or                                                               
funds, just  some assurance  of planning.   He reported  that DPS                                                               
and  DMVA   currently  have   plans  in   place  in   some  local                                                               
communities,  but HB  59  would expand  the  process and  require                                                               
assurance that  plans are in  place to help other  communities in                                                               
similar situations.                                                                                                             
                                                                                                                                
REPRESENTATIVE   HUGHES  offered   her  understanding   that  the                                                               
proposed bill is not just  about planning, but would also pertain                                                               
to implementing  the plan.   She  offered her  understanding that                                                               
Mr. O'Hare had stated that the  division would be involved in the                                                               
planning but not the implementation.                                                                                            
                                                                                                                                
MR.  O'HARE  offered  his  understanding that  is  correct.    He                                                               
explained that the  implementation of the plan under  HB 59 would                                                               
be local  implementation of  a plan for  local search  and rescue                                                               
for  vulnerable adults.   He  offered his  belief that  if it  is                                                               
necessary to  require regional coordination and  collaboration to                                                               
implement the search,  then the division would need  to make sure                                                               
it had plans in place for a regional effort.                                                                                    
                                                                                                                                
9:17:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  said she  read from the  sponsor statement                                                               
that  the  bill  would  require  DMVA  and  DPS  to  develop  and                                                               
implement notification plans.  She  suggested if that information                                                               
is not correct, then the sponsor statement should be corrected.                                                                 
                                                                                                                                
CHAIR LYNN asked whether statute  is necessary for the department                                                               
to accomplish the plan.                                                                                                         
                                                                                                                                
MR. O'HARE deferred  to the committee to make that  decision.  He                                                               
acknowledged that local agencies  and communities already work to                                                               
find missing  persons, since  it is  the right  thing to  do, but                                                               
this  bill would  provide planning  assurance, coordination,  and                                                               
collaboration  of local  search and  rescue plans  for vulnerable                                                               
adults.                                                                                                                         
                                                                                                                                
CHAIR  LYNN  asked  who  would  monitor  to  make  sure  that  is                                                               
accomplished.                                                                                                                   
                                                                                                                                
MR. O'HARE answered that according  to the proposed bill, DPS, in                                                               
collaboration with the DMVA, would do so.                                                                                       
                                                                                                                                
CHAIR  LYNN  understood  that the  agencies  will  contact  local                                                               
communities to find out whether they have plans in place.                                                                       
                                                                                                                                
MR. O'HARE answered that is his understanding, as well.                                                                         
                                                                                                                                
9:19:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES referred  to page  1, line  14, of  HB 59,                                                               
which  requires  DMVA  to  cooperate  with  DPS  to  develop  and                                                               
implement   missing   vulnerable   adult  prompt   response   and                                                               
notification plans  under AS  44.41.060.   She said  in reviewing                                                               
the  bill  it seems  as  though  the  department  has a  role  in                                                               
implementation.                                                                                                                 
                                                                                                                                
MR.  O'HARE  answered  that  the   bill  would  not  require  the                                                               
department to activate  any equipment unless it was  deemed to be                                                               
necessary,  for   example,  if  an  individual   left  the  local                                                               
community  and it  was  necessary  to send  out  a broader  alert                                                               
system  for  search  and  rescue  teams  and  other  communities.                                                               
Further,  if regional  or statewide  alerts  were necessary,  the                                                               
department would activate an emergency  alert system (EAS) either                                                               
by  contacting DPS  or using  a  backup system  in the  emergency                                                               
operation center.                                                                                                               
                                                                                                                                
9:21:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON surmised  the reason  for both  DMVA and                                                               
DPS to  be involved is that  DPS needs to know  the community can                                                               
respond  quickly,  and  the Division  of  Homeland  Security  and                                                               
Emergency  Management   is  responsible  for   general  emergency                                                               
planning.     Thus   he   envisioned   this  coordination   being                                                               
incorporated   into   the   emergency  planning   documents   and                                                               
procedures in communities.                                                                                                      
                                                                                                                                
MR. O'HARE answered that is correct.                                                                                            
                                                                                                                                
REPRESENTATIVE  ISAACSON said  this  seems to  be already  within                                                               
DMVA's purview, and  the division doesn't need  legislation to do                                                               
these emergency planning tasks.                                                                                                 
                                                                                                                                
MR.  O'HARE answered  that  this could  annex  a local  emergency                                                               
operations plan  that a  local community  deemed necessary.   The                                                               
division  would  operate under  the  guidance  of the  governor's                                                               
initiative  and   any  laws  developed  by   the  legislature  to                                                               
accomplish  [the  emergency  search  and  rescue  for  vulnerable                                                               
adults.]                                                                                                                        
                                                                                                                                
REPRESENTATIVE ISAACSON surmised  the next part is  to ensure the                                                               
search and  rescue effort is  also done through  news broadcasts.                                                               
He  offered his  understanding that  the emergency  system allows                                                               
the  division to  basically connect  every  community to  address                                                               
earthquakes or other  emergencies.  He asked  whether this system                                                               
can be used to alert not  only the public safety agency, but also                                                               
fire   departments,  police   departments,  municipalities,   and                                                               
communities.   He  asked  whether the  Alaska  Land Mobile  Radio                                                               
System (ALMR) would be used.                                                                                                    
                                                                                                                                
MR. O'HARE responded that the  infrastructure for ALMR is a vital                                                               
piece of  day-to-day emergency communication,  but the  system is                                                               
not a  statewide system.   However,  he identified  the EAS  as a                                                               
statewide  relay that  goes over  various media,  which would  be                                                               
used on  a case-by-case  basis.   He said  that development  of a                                                               
localized plan  for alerting the  community to be on  the lookout                                                               
for a  missing vulnerable  adult may  be as  simple as  an e-mail                                                               
notification system to  broadcasters or quick phone  calls out to                                                               
first responders  and local  search and rescue  teams.   In fact,                                                               
the effort  may not warrant  a statewide or  further regionalized                                                               
warning.                                                                                                                        
                                                                                                                                
9:26:15 AM                                                                                                                    
                                                                                                                                
RODNEY DIAL,  Lieutenant; Deputy Commander, A  Detachment, Alaska                                                               
State  Troopers, Division  of Statewide  Services, Department  of                                                               
Public Safety (DPS), stated that  the department is neutral on HB
59,  but supports  the intent  of the  bill.   With respect  to a                                                               
previous  question,  he said  the  department  does not  see  the                                                               
proposed legislation  creating a  notification system  similar to                                                               
an Amber  Alert.  In fact,  if the department were  to expand its                                                               
Amber  Alert  System to  incorporate  the  vulnerable adults,  it                                                               
would result  in a fiscal note  to the department.   He said that                                                               
under the  proposed bill, the  department envisions a  plan would                                                               
be  created  in conjunction  with  DMVA  to develop  a  localized                                                               
contact list and  policy the department would  use to disseminate                                                               
to  media outlets  in  the area  when  a "qualifying"  vulnerable                                                               
person  went  missing.     Currently,  the  department  maintains                                                               
emergency and immediate contact lists  at all of its Alaska State                                                               
Trooper  posts that  can  be utilized  in  missing person  cases.                                                               
Further,  the department  works  with media  regarding wanted  or                                                               
dangerous  individuals.   Thus,  the main  difference that  would                                                               
result  under  the bill  would  be  a  change  in the  amount  of                                                               
discretion  the  department has  and  when  the department  would                                                               
issue notifications.   Therefore,  the notification  system would                                                               
basically  consist  of  phone,   e-mail,  and  facsimile  ("fax")                                                               
systems to the  media outlets.  The  department would potentially                                                               
use  its regional  dispatch centers  to  receive information  and                                                               
send out  the notifications.   Using such a format  to coordinate                                                               
and implement  the [missing vulnerable adult  prompt response and                                                               
notification plans] would  not result in any  cost to department,                                                               
he said.                                                                                                                        
                                                                                                                                
9:28:21 AM                                                                                                                    
                                                                                                                                
LIEUTENANT  DIAL,  in  response  to  Chair  Lynn,  reported  that                                                               
currently the department  has no set waiting  period and assesses                                                               
missing person  cases on  a case-by-case  basis.   Certainly, the                                                               
department exercises  discretion in  terms of  the amount  of the                                                               
initial response  it directs to a  case.  For example,  a certain                                                               
percentage of  individuals in communities frequently  go missing,                                                               
and the department's  response to them may be  different from its                                                               
response to a  report of an elder with dementia  who has wandered                                                               
away from his/her home.   He acknowledged that municipalities may                                                               
have  slightly  different  policies  with respect  to  timing  of                                                               
activating elements  for each situation; however,  the department                                                               
treats  every missing  person as  an emergency.   Of  course, the                                                               
department  has always  been responsible  for  search and  rescue                                                               
efforts  statewide and  takes actions  to  resolve situations  as                                                               
quickly as possible.                                                                                                            
                                                                                                                                
9:30:05 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN asked  whether  HB  59 would  enhance  the safety  of                                                               
elders.                                                                                                                         
                                                                                                                                
LIEUTENANT  DIAL  answered  that  the greatest  benefit  of  this                                                               
legislation  may be  to the  smaller municipalities  that do  not                                                               
already have a  plan in place.  Additionally,  it would encourage                                                               
communities to use the [missing  vulnerable adult prompt response                                                               
and  notification plans],  since they  would be  available.   The                                                               
department currently has search and  rescue plans in place and it                                                               
uses   the  media   for  notifications   when  it   believes  the                                                               
notifications would be helpful.                                                                                                 
                                                                                                                                
9:30:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  asked  Lieutenant  Dial  to  clarify  the                                                               
reason the  bill would benefit municipalities,  since the mandate                                                               
is  for the  department  [to implement  missing vulnerable  adult                                                               
prompt response and notification plans.]                                                                                        
                                                                                                                                
LIEUTENANT DIAL  explained that the  department would  create the                                                               
plans, which  would basically "push"  some of the  communities to                                                               
develop a short plan.   Typically, the communities would call the                                                               
department's regional dispatch centers  to have the notifications                                                               
happen.   He said  the department would  assist in  local efforts                                                               
and try to  comply with the intent  of HB 59 by  bringing some of                                                               
the smaller municipalities on-line  and obtain commitment for use                                                               
of the plan.                                                                                                                    
                                                                                                                                
CHAIR LYNN  offered his understanding  that the  department would                                                               
formalize a plan and impose it on communities.                                                                                  
                                                                                                                                
LIEUTENANT DIAL said he does  not think the department would have                                                               
the authority  to mandate  municipalities to use  a plan,  but it                                                               
would  create  the plan  in  conjunction  with  DMVA and  try  to                                                               
convince  them to  use it.   He  envisioned the  department would                                                               
take  action  on behalf  of  municipalities  by issuing  regional                                                               
notifications.   In  further response  to a  question, Lieutenant                                                               
Dial indicated  the department could  currently take  that action                                                               
now.                                                                                                                            
                                                                                                                                
9:33:09 AM                                                                                                                    
                                                                                                                                
PATRICK  CUNNINGHAM,  MSW,  DSW;   Member,  Board  of  Directors,                                                               
Alzheimer  Resource  Agency,  stated that  this  agency  provides                                                               
services  throughout  Alaska  for persons  who  have  Alzheimer's                                                               
disease and  related dementia and their  families.  Additionally,                                                               
he serves as  an associate professor at the  University of Alaska                                                               
Anchorage's  (UAA)  School  of  Social Work  in  the  College  of                                                               
Health.   He  estimated  that approximately  7,000 Alaskans  have                                                               
"this disease."   He said  an unfortunate manifestation  of "this                                                               
disease" is that 6 of 10  dementia victims will tend to wander at                                                               
least once  from their place of  residence and be unable  to make                                                               
their way  home or to  a safe place.   According to  the National                                                               
Alzheimer's Association, if not  located within a 24-hour period,                                                               
the person  may suffer a serious  injury or death.   For example,                                                               
last summer  an elder  woman became missing  and was  later found                                                               
dead  just  off the  Tony  Knowles  Coastal Trail  in  Anchorage.                                                               
Additionally,   some  adults   with  physical   and  intellectual                                                               
disabilities,  persons   with  mental  illness  who   may  become                                                               
distraught  and suicidal,  and soldiers  or  veterans who  suffer                                                               
from traumatic brain injuries  or post-traumatic stress disorders                                                               
may  become  disoriented  and  also be  in  need  of  assistance.                                                               
Further, these  people could be  on foot  or in a  motor vehicle.                                                               
Additionally, he reported  that many of the  beneficiaries of the                                                               
Alaska Mental Health Trust Authority fall into these categories.                                                                
                                                                                                                                
DR.  CUNNINGHAM  reported  that   approximately  35  states  have                                                               
already put into place some type  of a Silver Alert program.  The                                                               
current system  in Alaska is  fragmented, and HB 59  would remove                                                               
that  fragmentation  by creating  a  safety  plan for  vulnerable                                                               
adults and promoting  awareness about the vulnerable  adults.  In                                                               
fact, the  underlying value of  this bill is the  preservation of                                                               
human life.   He offered  the Alzheimer Resource  Agency's strong                                                               
support for this bill  and said he hopes it will  become law.  He                                                               
thanked  members   for  the  opportunity   to  testify   and  for                                                               
legislators' service to Alaska.                                                                                                 
                                                                                                                                
REPRESENTATIVE KELLER  surmised that as prevalent  as Alzheimer's                                                               
disease is,  nearly everyone on  committee has someone  they know                                                               
with the disease.                                                                                                               
                                                                                                                                
9:36:33 AM                                                                                                                    
                                                                                                                                
BRADLEY JOHNSON, Deputy Chief,  Fairbanks Police Department; Vice                                                               
President, Alaska Association of  Chiefs of Police, Inc., offered                                                               
to answer any  questions members may have.  In  response to Chair                                                               
Lynn, Mr. Johnson  said passage of HB 59  would not substantially                                                               
change what  is currently  being done, but  he believes  the bill                                                               
would add  tools that  would speed up  response time.   Typically                                                               
when the  department receives  a report  of a  missing vulnerable                                                               
adult, the department will determine  which measures to implement                                                               
to  attempt to  locate  the person.   He  indicated  that if  the                                                               
situation rose to  the level of a need for  an areawide search or                                                               
if the  department determined  it was necessary  to get  the word                                                               
out to  the public  quickly, the bill  could help  provide access                                                               
through  DPS, including  the EAS.   He  said he  understands some                                                               
concern surrounds  who could request  the service and  under what                                                               
criteria.                                                                                                                       
                                                                                                                                
9:38:36 AM                                                                                                                    
                                                                                                                                
MR. JOHNSON said he thinks  law enforcement currently does a good                                                               
job of assessing the circumstances  of the report and determining                                                               
the vulnerability of  the missing person as well  as the validity                                                               
and  immediacy of  the need  to locate  the missing  person.   He                                                               
offered his belief  that the process his police  agency would use                                                               
would be to  notify the Division of Alaska  State Troopers, which                                                               
would   provide  additional   assessment  before   any  type   of                                                               
notification was  made.  Further,  he stated his belief  that the                                                               
bill is appropriate and would  afford Alaska's police departments                                                               
and organizations some tools not currently available.                                                                           
                                                                                                                                
9:39:32 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN characterized a missing  vulnerable adult as a form of                                                               
a  missing person.    Thus the  local  police organization  would                                                               
assess the  danger to the missing  person.  He asked  whether the                                                               
department  would assign  a priority  based on  the report.   For                                                               
example,  the  priority  may differ  for  a  missing  Alzheimer's                                                               
patient, a  teenager who  has left  the house,  or a  husband who                                                               
hasn't come home on time.                                                                                                       
                                                                                                                                
MR.  JOHNSON  answered  yes;  that's   exactly  what  the  police                                                               
department would  do.  He related  his understanding of HB  59 is                                                               
that under  specific circumstances,  the department  would afford                                                               
the police agency  an opportunity to use tools  currently used in                                                               
the  Amber  Alert  system  specifically  for  missing  vulnerable                                                               
adults.                                                                                                                         
                                                                                                                                
9:40:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON said  Mr. Johnson's  responses clarified                                                               
that the  proposed legislation  does not  merely sound  good, but                                                               
would   offer  practical   application   in  helping   vulnerable                                                               
citizens.  He offered his  understanding the proposed legislation                                                               
would  give   police  departments   some  tools,  speed   up  the                                                               
notification period, and have a  practical application in helping                                                               
vulnerable citizens.                                                                                                            
                                                                                                                                
MR. JOHNSON answered that is correct.                                                                                           
                                                                                                                                
9:41:36 AM                                                                                                                    
                                                                                                                                
KEN HELANDER, Advocacy Director, AARP,  stated that he has worked                                                               
with the  Alzheimer's Resource Agency  and the many  families who                                                               
have  experienced  problems  related  to dementia.    He  offered                                                               
support on  behalf of AARP for  HB 59, since it  would provide an                                                               
additional  tool in  an array  of tools  [for missing  vulnerable                                                               
adults.]  He  found that the [search and  rescue] response always                                                               
begins  locally  to  make  sure  the  person  is  found  quickly.                                                               
However, if an elder is not  found quickly, the net would need to                                                               
widen.   He  reported that  the National  Alzheimer's Association                                                               
released 2013 facts  and figures, and the most  startling news is                                                               
one out  of three  elders will die  with Alzheimer's  disease and                                                               
some symptoms  of dementia.   Luckily, only  once did he  find it                                                               
necessary  to activate  the  actions this  bill  would call  for,                                                               
since most  of the  time a  vulnerable adult  will go  missing in                                                               
close proximity  to the  place in  which they  receive care.   In                                                               
closing, he offered  his belief that given the  complexity of our                                                               
lives,  HB   59  would  give   reassurance  to   communities  and                                                               
especially  to  family  members  who   bear  the  burden  of  the                                                               
responsibility daily  to care for those  with Alzheimer's disease                                                               
or dementia.                                                                                                                    
                                                                                                                                
9:44:32 AM                                                                                                                    
                                                                                                                                
KEN  SPADAFORA, Lieutenant,  Anchorage  Police Department  (APD),                                                               
stated   that   one   of  his   responsibilities   is   for   the                                                               
communications  center  at  APD.   He  said  that  APD  generally                                                               
supports efforts  that will help  find missing people.   However,                                                               
Anchorage has extensive  policies and tools set  up in Anchorage,                                                               
especially  since  APD  has  more   resources  than  some  police                                                               
agencies  and  communities.   For  example,  the  department  has                                                               
specific  policies for  different situations,  such as  runaways,                                                               
missing adults,  and people of  need.  It  is a myth  that police                                                               
must wait  24 hours before an  agency will respond.   In fact, if                                                               
life threatening  circumstances arise,  APD can  quickly "ratchet                                                               
up" its resources.                                                                                                              
                                                                                                                                
MR. SPADAFORA asked members to keep  in mind that the Amber Alert                                                               
System was  designed for rapid  and widespread alert  of criminal                                                               
abductions of  children, to prevent children  from being murdered                                                               
or raped.   He expressed concern over anything  that would dilute                                                               
the system,  such as  using it for  non-criminal situations.   In                                                               
fact,  each week  APD  receives  reports of  one  or two  elderly                                                               
people who have  wandered away from an assisted  living home, and                                                               
the  department  would  not  put a  regional  broadcast  out  for                                                               
missing  persons in  those situations.    He warned  that if  the                                                               
alerts are frequently  occurring, the public will  become numb to                                                               
the request  for assistance.  He  admitted that does not  seem to                                                               
happening,  but  said he  wanted  to  express  his concern.    In                                                               
conclusion,  Lieutenant Spadafora  stated  that  APD already  has                                                               
plans in  place, but  he offered  his support  for any  action or                                                               
bill  that  would provide  process  and  policy for  the  smaller                                                               
communities.    He  assured  members  that  APD  would  lend  any                                                               
assistance to any other agency that needs it.                                                                                   
                                                                                                                                
9:47:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS  reminded the  committee that  the proposed                                                               
bill would  not be limited to  the elderly, but would  pertain to                                                               
"vulnerable adults."                                                                                                            
                                                                                                                                
9:48:27 AM                                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director,  Alaska Commission on Aging,                                                               
Division of Senior and Disability  Services (DSDS), Department of                                                               
Health  &   Social  Services  (DHSS),  stated   that  the  Alaska                                                               
Commission  on Aging  is charged  with making  recommendations to                                                               
the governor,  the legislature, and the  administration on budget                                                               
appropriations,  regulations, and  services  for older  Alaskans.                                                               
She said the  commission is concerned with the  growing number of                                                               
people with Alzheimer's  and dementia, which is  primarily due to                                                               
the aging of  Alaska's population.  She explained  that Alaska is                                                               
number one in  percentage of elders residing in  the state, which                                                               
has been the case for four  years.  More than 6,100 elders reside                                                               
in  Alaska who  are 65  and older  and have  Alzheimer's disease.                                                               
She reported  this number  is expected to  triple.   Ms. Daniello                                                               
said  "wandering" really  affects  the elderly  population.   She                                                               
related that  the commission  has been  working to  determine the                                                               
number of  people who are 100  years old or older.   She reported                                                               
that this segment  of the population has increased  by 52 percent                                                               
since 2010.   The  commission has  been working  on a  state plan                                                               
devoted  to people  with Alzheimer's  disease.   As  part of  its                                                               
development  effort, the  department has  taken surveys  and done                                                               
community  forums.   She reported  that the  commission completed                                                               
seven community  forums last  year, with 161  attendees.   One of                                                               
the main concerns  expressed during the forums  was public safety                                                               
for people with  Alzheimer's disease.  Respondents see  a need to                                                               
enhance  and increase  the state's  coordinated response  system.                                                               
She  offered the  Commission  on Aging's  support  for the  bill,                                                               
since it will  help increase awareness about the  needs of people                                                               
with cognitive impairment and will  help reduce [emergency search                                                               
and rescue] response time.                                                                                                      
                                                                                                                                
9:52:05 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked whether the current system is adequate.                                                                        
                                                                                                                                
MS.  DANIELLO offered  her belief  that HB  59 would  enhance the                                                               
current  system,  because  it  would  provide  more  emphasis  on                                                               
community response.   By  sending out  alerts through  the public                                                               
media and social  networks more people will look  for the missing                                                               
person, in addition to the public enforcement officials.                                                                        
                                                                                                                                
9:53:36 AM                                                                                                                    
                                                                                                                                
DAVE TALERICO,  at the  request of the  sponsor, came  forward to                                                               
testify.   He  stated that  he  is staff  to Representative  Doug                                                               
Isaacson, but is  speaking on his own behalf today.   He spent 10                                                               
years as  Denali Borough Mayor, as  well as having served  on the                                                               
assembly and school board.  He  indicated he was intrigued by the                                                               
bill.   He spent  years working  on an  all-hazards plan  for the                                                               
Denali Borough.  He characterized  the location of the borough as                                                               
being unique, since it borders  the Matanuska-Susitna Borough and                                                               
the Fairbanks  North Star Borough, with  two major transportation                                                               
corridors traversing the borough.   He identified the highways as                                                               
the George  Parks Highway and the  Alaska Railroad.  He  said the                                                               
Denali Borough's emergency responders  are pretty busy.  Although                                                               
the  borough  residents  only   number  1,800  people,  emergency                                                               
responders respond approximately 600 times  per year.  The Denali                                                               
Borough has  developed a large  search and rescue  program within                                                               
the all-hazards plan.   He pointed out the  numerous times search                                                               
and rescue operations  have occurred near the  Teklanika River as                                                               
a  result  of  the  Into  the  Wild  film,  which  made  the  bus                                                             
[Christopher McCandless  used as  a shelter]  an attraction.   He                                                               
reported that  the Denali Borough  revamps its search  and rescue                                                               
plan every  two years,  but he  noted the  plan does  not mention                                                               
vulnerable adults.   The Denali Borough has an  AST detachment in                                                               
the  area,  and  four  troopers  live within  the  borough.    He                                                               
commended the  job AST performs  on the Parks Highway  and within                                                               
the Denali Borough.  At  times, for search and rescue operations,                                                               
troopers  cover   a  180-mile  stretch  of   the  Parks  Highway.                                                               
Therefore, at any  given time, an AST could be  over an hour away                                                               
from the crisis.   He reported that there are  over 100 pagers in                                                               
the area  for volunteers who  are part  of the search  and rescue                                                               
effort.                                                                                                                         
                                                                                                                                
9:56:45 AM                                                                                                                    
                                                                                                                                
MR. TALERICO discussed the change  of demographics of the area in                                                               
which he has been  a resident for 44 years.   In the past, people                                                               
would leave when they became retirees,  but he said that does not                                                               
happen any longer.   As residents tend to  stay, the demographics                                                               
have also changed.   Additionally, he emphasized that  there is a                                                               
substantial  difference  between  vulnerable adults  and  regular                                                               
missing persons,  since the needs  of vulnerable  adults probably                                                               
require attention much  sooner.  He expressed  interest in seeing                                                               
this bill  move forward,  not only for  the planning  aspect, but                                                               
for the communications aspect.   He said emergency responders for                                                               
the Denali Borough  are dispatched from the  University of Alaska                                                               
Fairbanks  dispatch center.   He  envisioned that  the additional                                                               
planning required  under HB 59  could streamline and  improve the                                                               
effectiveness of the response process for his area.                                                                             
                                                                                                                                
MR.  TALERICO related  that he  had  an uncle  who suffered  from                                                               
Alzheimer's disease, who was once  found a considerable ways from                                                               
his home  in Seattle,  because he had  somehow managed  to travel                                                               
quite a distance on foot and  by bus.  He appreciated the sponsor                                                               
bringing   [HB  59]   forward,  since   the  effort   could  make                                                               
substantial changes  in [how vulnerable  adults are  assisted] in                                                               
all municipalities in Alaska.                                                                                                   
                                                                                                                                
9:59:57 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony on HB 59.                                                                            
                                                                                                                                
10:00:15 AM                                                                                                                   
                                                                                                                                
[HB 59 was held over.]                                                                                                          

Document Name Date/Time Subjects
01 SB 1 - Version 28-L0001U.pdf HSTA 3/21/2013 8:00:00 AM
SB 1
02 SB 1 - Sponsor Statement.pdf HSTA 3/21/2013 8:00:00 AM
SB 1
03 SB 1 - Overview of Mining in AK LR13-156.pdf HSTA 3/21/2013 8:00:00 AM
SB 1
04 SB 1- FN ADM-N.pdf HSTA 3/21/2013 8:00:00 AM
SB 1
05 SB 1 - Support - 2011 Gov Parnell Mining Day Proclamation 041411.pdf HSTA 3/21/2013 8:00:00 AM
SB 1
06 SB 1 - Letters of Support H STA.pdf HSTA 3/21/2013 8:00:00 AM
SB 1
01 HB59 ver A.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
02 HB59 ver N.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
03 HB0059 ver P.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
03a HB59 Explanation of Changes.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
04 HB59-Sponsor Statement(pdf).docx.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
05 HB 59 Quick Statistics.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
06 HB59 Silver Alert States List 1-22-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
07 ARTICLE HB 59 Fairbanks News Miner 12-3-2011.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
08 ARTICLE HB 59 Juneau Empire 1-25-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
09 HB 59 Fiscal Note -DPS.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
10 HB 59 Fiscal Note -MVA.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
11 HB 59 Legal Memo -Strasbaugh 3-11-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
12 HB 59 Letter Chief Tom Clemons 2-2-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
13 HB 59 Letter John Lucking Jr 2-12-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
14 HB 59 Letter Ken Helender 2-11-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
15 HB 59 Letter of Support Marianne Mills.pdf HSTA 3/21/2013 8:00:00 AM
HB 59
16 HB59 Letter Denise Daniello 2-25-2013.PDF HSTA 3/21/2013 8:00:00 AM
HB 59
17 HB59 Letter Patrick Cunningham 3-4-2013.pdf HSTA 3/21/2013 8:00:00 AM
HB 59