03/29/2013 01:30 PM Senate JUDICIARY

         SB  36-MISSING VULNERABLE ADULT RESPONSE PLAN                                                                      
                                                                                                                                
2:02:10 PM                                                                                                                    
CHAIR COGHILL announced  the consideration of SB  36. [CSSSSB 36,                                                               
version C, was before the committee.]                                                                                           
                                                                                                                                
He moved Amendment 1, labeled 28-LS0338\C.1.                                                                                    
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR COGHILL                                                                      
          TO:  CSSSSB 36(JUD), Draft Version "C"                                                                                
                                                                                                                                
     Page 2, following line 20:                                                                                                 
          Insert a new bill section to read:                                                                                    
               "(c) Notwithstanding another provision of                                                                        
           law,                                                                                                                 
                    (1) a law enforcement agency, an                                                                            
           officer or employee of a  law enforcement agency,                                                                    
           a person, or a group is not civilly liable for                                                                       
                         (A) failing to participate in a                                                                        
           missing  vulnerable  adult  prompt  response  and                                                                    
           notification plan;                                                                                                   
                         (B) failing to implement a missing                                                                     
           vulnerable adult prompt response and notification                                                                    
           plan; or                                                                                                             
                         (C)     activating    a     missing                                                                    
           vulnerable adult prompt response and notification                                                                    
           plan  if implementation  is  undertaken  in  good                                                                    
           faith;                                                                                                               
                    (2) a radio or television broadcaster                                                                       
           or newspaper publisher is not  civilly liable for                                                                    
           participating  in  a  missing   vulnerable  adult                                                                    
           prompt  response and  notification  plan  or  for                                                                    
           participating in the  actual implementation  of a                                                                    
           plan if the broadcaster or publisher has verified                                                                    
           the authenticity of that  implementation with the                                                                    
           law enforcement agency."                                                                                             
                                                                                                                                
      Reletter the following subsections accordingly.                                                                           
                                                                                                                                
SENATOR DYSON objected [for discussion purposes.]                                                                               
                                                                                                                                
CHAIR COGHILL asked Ms. Carpeneti to comment.                                                                                   
                                                                                                                                
2:03:15 PM                                                                                                                    
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department  of Law, said  that Susan                                                               
Cox indicated that  this would provide better  protection for law                                                               
enforcement than what is currently in the CS.                                                                                   
                                                                                                                                
CHAIR COGHILL offered his understanding that the amendment                                                                      
provides civil liability protection for those in law enforcement                                                                
and those who activate the vulnerable adult alert.                                                                              
                                                                                                                                
2:04:37 PM                                                                                                                    
SENATOR  WIELECHOWSKI inquired  if  this was  just for  negligent                                                               
behavior or if it would  exempt from liability someone who failed                                                               
to participate.                                                                                                                 
                                                                                                                                
MS. CARPENETI  said it  doesn't specify so  it would  probably be                                                               
for all circumstances where a person did not participate.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  agreed with  the intent on  negligence, but                                                               
questioned  the   policy  reason  for  extending   the  liability                                                               
exemption that far.                                                                                                             
                                                                                                                                
MS.  CARPENETI  agreed  that  it   was  a  policy  call  for  the                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR COGHILL offered his understanding  that the civil liability                                                               
exemption previously  extended to newspaper publishers  and other                                                               
communications media. The amendment broadens the definition.                                                                    
                                                                                                                                
MS. CARPENETI deferred to the  sponsor because this provision was                                                               
in the bill originally.                                                                                                         
                                                                                                                                
2:06:37 PM                                                                                                                    
NATHAN ZENSEY,  Staff, Senator Johnny  Ellis, explained  that the                                                               
intent is  to diminish the  burden for law  enforcement agencies.                                                               
The hope is  that those agencies will act in  accordance with the                                                               
public trust placed in them.                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  said  he  can  envision  this  becoming  a                                                               
problem  in  years to  come,  but  the  expectation is  that  law                                                               
enforcement  will  do  the right  thing.  He  posed  hypothetical                                                               
examples.                                                                                                                       
                                                                                                                                
SENATOR  DYSON   asked  the  point   at  which  conduct   by  law                                                               
enforcement crosses  the line and  the person becomes  civilly or                                                               
criminally liable.                                                                                                              
                                                                                                                                
MS. CARPENETI  deferred the  question to  someone working  in the                                                               
Civil Division.                                                                                                                 
                                                                                                                                
SENATOR  DYSON said  he was  relatively comfortable  that current                                                               
law and practice would cover the current concern.                                                                               
                                                                                                                                
MS.  CARPENETI responded  that her  understanding  was that  this                                                               
immunity would apply under the circumstances of silver alert.                                                                   
                                                                                                                                
2:10:08 PM                                                                                                                    
SENATOR DYSON said he didn't  think that anyone would reason that                                                               
the Silver  Alert was  any different than  things like  the Amber                                                               
Alert or Caylee's Law.                                                                                                          
                                                                                                                                
CHAIR COGHILL  asked Mr. Zensey if  the standard was the  same as                                                               
other alert systems.                                                                                                            
                                                                                                                                
MR.  ZENSEY  replied that  the  standards  differ from  state  to                                                               
state,  but  he thought  that  at  some point,  whatever  governs                                                               
negligence  in  normal  missing   person  searches  would  govern                                                               
negligence in missing vulnerable adults.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI agreed that it was a policy call.                                                                          
                                                                                                                                
2:12:43 PM                                                                                                                    
SENATOR DYSON removed his objection.                                                                                            
                                                                                                                                
CHAIR  COGHILL  found no  further  objection  and announced  that                                                               
Amendment 1 was  adopted. He summarized the contents  of the bill                                                               
and asked if the sponsor had closing comments.                                                                                  
                                                                                                                                
MR. ZENSEY thanked the committee.                                                                                               
                                                                                                                                
2:13:50 PM                                                                                                                    
SENATOR DYSON  moved to report  CSSSSB 36, version C  as amended,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  COGHILL  found  no objection  and  announced  that  CSSSSB
(JUD) moved from the Senate Judiciary Standing Committee.