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