HB 59-MISSING VULNERABLE ADULT RESPONSE PLAN  1:46:32 PM CO-CHAIR LEDOUX announced that the next order of business would be HOUSE BILL NO. 59, "An Act relating to missing vulnerable adult prompt response and notification plans." 1:47:16 PM REPRESENTATIVE MAX GRUENBERG introduced HB 59 as the sponsor. The bill will create a new system to help find missing vulnerable adults in a manner similar to the Amber Alert system, which is used to locate missing or abducted children. He recalled similar legislation last year received support in both bodies of the legislature, and 29 other states have adopted an alert system directed towards seniors or vulnerable adults. He referred to supporting documentation provided in the committee packet. Representative Gruenberg said the plan is important for Alaskan families because the weather and geography pose obstacles to a search for vulnerable adults. 1:50:04 PM REPRESENTATIVE REINBOLD moved to adopt HB 59, Version 28- LS0260\N, Strasbaugh, 2/18/13, as the working document. There being no objection, Version N was before the committee. 1:50:29 PM REPRESENTATIVE GRUENBERG called attention to the definition of vulnerable adult in Version N, which references AS 47.24.900(21), the statute that defines a vulnerable adult as a person 18 years of age or older who, because of incapacity, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, or disappearance is unable to meet the person's own needs or to seek help without assistance. He said the bill is clear that the vulnerable adult is missing, and that the purpose of the Silver Alert is to find the person missing. The bill provides a new Section 2 which requires the Department of Military & Veterans' Affairs (DMVA) to cooperate with the Department of Public Safety (DPS) to use statewide and local radio and television and other media to develop and implement prompt response and notification plans for use by law enforcement, groups, and persons to locate a missing vulnerable adult. Representative Gruenberg continued to explain that the notification plans include standards to determine the circumstances under which a vulnerable adult will be considered missing and the format, content, and distribution of related reports. Also, the plan must determine where to implement the plan and the voluntary participation by radio and television broadcasters, newspaper publishers, and other communication media. Subparagraph (b) contains tort immunity for radio and television broadcasters and publishers of communication media. Contained in the committee packet are letters of support from AARP Alaska Chapter, the Alaska Commission on Aging, the Alaska Association of Chiefs of Police, the Alaska Peace Officers Association, the Department of Health and Social Services (DHSS), and a fiscal note from DPS. 1:55:37 PM REPRESENTATIVE REINBOLD asked for an explanation on the inclusion of the word "fraud" in the definition of vulnerable adult. REPRESENTATIVE GRUENBERG explained that the word "fraud" was added to a number of statutes due to legislation passed last year that increased the protection of vulnerable adults who were victims of elder fraud. Although possible, it is unlikely fraud will be the "triggering event" in the case of a missing vulnerable adult. REPRESENTATIVE HIGGINS asked for clarification on the amendment. [In the committee packet was a proposed amendment that was not offered]. REPRESENTATIVE GRUENBERG said the only item in the amendment is on page 2, line 17, as follows: after "(3)" insert the word "the." CO-CHAIR LEDOUX asked whether DMVA or DPS have expressed support for or opposition to the bill. REPRESENTATIVE GRUENBERG stated his preference for the departments to indicate their positions. 2:00:20 PM REPRESENTATIVE HUGHES asked whether the Silver Alert system could be incorporated into the existing Amber Alert system in order to reduce work for the departments. REPRESENTATIVE GRUENBERG advised the Amber Alert system does not have statutory basis and the bill would put the Silver Alert system into statute, ensuring a statewide procedure. REPRESENTATIVE HUGHES asked if agencies were currently searching for vulnerable adults on a voluntary basis. REPRESENTATIVE GRUENBERG was unsure how regularly searches are made outside of Anchorage. REPRESENTATIVE HUGHES surmised the Amber Alert is working just for children who live in cities. She asked whether the Amber Alert also needs to be in statute and implemented statewide. REPRESENTATIVE GRUENBERG deferred to the department, although he was told that the Amber Alert is successful as is, but the Silver Alert will benefit from publicity and from written plans. 2:03:35 PM REPRESENTATIVE REINBOLD inquired as to how many people go missing, and questioned the accuracy of a zero fiscal note when the bill will result in extra work. She asked whether a report of related costs will be made to the legislature if the bill passes and regulations are written. REPRESENTATIVE GRUENBERG said that would not be a problem; however, the departments will report directly to the legislature if there is a fiscal impact sufficient to warrant an appropriation. In further response to Representative Reinbold, he relayed the departments do not anticipate the need for an appropriation. He called attention to the 2/25/13 letter from the Commission on Aging stating that at least 60 percent of those with Alzheimer's disease wander at some point during the course of their disease and if not found within a 24-hour period up to one-half of those wanderings may result in personal injury or death. He offered to provide additional statistics. 2:05:59 PM REPRESENTATIVE HUGHES relayed her personal experience with her mother-in-law who was afflicted with Alzheimer's disease. She asked why HB 59 was referred to this committee. REPRESENTATIVE GRUENBERG explained the communication system affected by the bill is under the emergency management function of DMVA. REPRESENTATIVE GRUENBERG, in further response to Representative Hughes, indicated he has not gathered statistics on veterans. 2:08:46 PM MCHUGH PIERRE, Deputy Commissioner, Office of the Commissioner /Adjutant General, DMVA, acknowledged that the bill instructs DMVA to partner with DPS to accomplish the intent of the bill. Currently, DMVA partners with DPS on the Amber Alert, which works well as it is presently implemented. He opined this legislation is proposed because communities want to protect vulnerable adults of all descriptions. An existing system within DMVA exists to send messages in emergency situations - such as Amber Alerts and tsunamis, or other needed widespread communication to the public - and this system can be used for the proposed Silver Alert. Mr. Pierre advised that DPS will do most of work and there is no increased cost to DMVA. REPRESENTATIVE REINBOLD restated her concern about the zero fiscal note and asked for assurance that DMVA will inform the legislature if costs are incurred. MR. PIERRE confirmed that if the bill incurred costs known at this time it would be reflected in the fiscal note. He pointed out that DMVA does not respond until the message is spread statewide. 2:11:41 PM REPRESENTATIVE HIGGINS surmised that DMVA is a part of the communication process and asked how the message is communicated to the public. MR. PIERRE said the DMVA process is two-fold: at the time of any emergency, DPS or DMVA can put a message in the system for dissemination. In further response to Representative Higgins, he explained that emergency alert system (EAS) alerts are broadcast on television and radio. REPRESENTATIVE HIGGINS advised that Florida has big signs over the highways that display the message. MR. PIERRE expressed his belief that there are three signs on the road system in Alaska that "are plugged into the system." He clarified that the fiscal note addresses the action that is prescribed by the legislation and does not address "future wishes or desires by the department." In fact, if further action is deemed necessary, there must be budget discussions. REPRESENTATIVE GRUENBERG expressed his appreciation to Mr. Pierre for his work on the bill. 2:15:27 PM RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment, Division of Alaska State Troopers, DPS, informed the committee DPS is neutral on HB 59 and supports the intent of the legislation. However, the department is concerned about the definition change regarding "vulnerable adult" that was brought about by Senate Bill 86 during the last session of the legislature. The aforementioned change in the definition of vulnerable adults included those believed to be incapacitated by drugs or alcohol, and significantly increased the number of potential alerts generated by the bill. An increased number of alerts may discourage voluntary participation in the program and have a desensitizing effect on the public, thereby reducing the effectiveness of the program. In addition, the expansion of the definition may result in the abuse of the system in domestic situations. As a matter of fact, each year DPS receives reports of missing domestic partners who have intentionally severed contact. Lieutenant Dial advised that callers sometimes falsify information in an attempt to find someone. Use of the past definition of vulnerable adult - "a person 18 years of age or older who because of a physical or mental impairment is unable to meet the person's own needs or to seek help without assistance" - could address these concerns. CO-CHAIR LEDOUX asked whether the expanded definition would increase the fiscal note. LIEUTENANT DIAL replied no, because the legislation requires DPS to maintain an email, fax, and phone list that would be disseminated to regional dispatch centers, and after the format is in place, a minimal amount of time would be needed to transmit the notifications. In fact, existing 24-hour regional dispatch centers currently process calls for missing persons and the only change is the requirement to use a notification process. 2:19:10 PM LIEUTENANT DIAL concluded, saying that DPS takes all missing persons very seriously, supports the intent of HB 59, and stands ready to assist with the legislation and its intent. 2:19:44 PM CO-CHAIR LEDOUX expressed her intention to hold HB 59 so the sponsor can address the questions posed by DPS. REPRESENTATIVE HUGHES asked DPS for suggestions on how to change the definition in order to improve the legislation. LIEUTENANT DIAL said the definition in the original legislation proposed last year would suffice. The department needs flexibility in order to use its experience and prevent abuse of the system in a domestic situation. The original definition provides sufficient latitude to encompass those identified by a Silver Alert as well as to offer protection in a domestic situation, or thoughtful action in the case of chronic inebriants. He restated the department's support for the intent of HB 59. 2:23:36 PM REPRESENTATIVE HUGHES agreed that desensitizing the public would not be what the sponsor seeks to achieve. REPRESENTATIVE GRUENBERG asked whether DPS suggests the use of the definition in Senate Bill 179 proposed during the last session of the legislature. LIEUTENANT DIAL indicated yes, in the confines of this legislation and what would require notification, but DPS does not want to change the definition of a vulnerable adult in statute. REPRESENTATIVE GRUENBERG advised the original definition used in Senate Bill 179 and the subsequent committee substitute by the House was the identical definition as in HB 59. LIEUTENANT DIAL was under the impression that there was a forthcoming version of the Senate bill. 2:26:02 PM CO-CHAIR LEDOUX held HB 59 in committee.