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 36(JUD) moved from the Senate Judiciary Standing Committee.