Senate Judiciary Committee adopts amendment to SB 9, leaves bill for further review

The Alaska Senate Judiciary Committee on April 11 adopted an amendment to Senate Bill 9, the "Surrender of Infants Safety Device" measure sponsored by Senator Myers, then set the bill aside for further review after committee members raised questions about regulatory authority and fiscal impacts.

Senator Myers, sponsor of SB 9, told the committee he would not offer two of three submitted amendments and that he was instead offering amendment G.3, which deletes language allowing the commissioner to designate “other facility” locations for infant safety devices. "By removing this language, effectively what we're leaving is medical facilities and emergency services facilities," Myers said, listing police stations, trooper posts, fire departments, hospitals, emergency rooms, freestanding birth clinics, tribal health organizations, offices of private physicians and rural health clinics as the remaining specified locations.

The change addresses a fiscal concern raised by the Department of Family Services, Myers said, that leaving discretion to the commissioner could require the department to write regulations and hire staff to inspect and approve sites. "They would require a fiscal note, to to hire somebody to do these inspections," Myers said. He added the committee is continuing to talk with the Department of Family and the Department of Health to find an appropriate regulatory authority without creating new, ongoing fiscal burden.

Why it matters: Committee members said they wanted to ensure infant safety without creating an enforcement regime that would force the state to hire new inspectors for a program they expect will be small. Senator Stevens noted practical concerns for some locations, such as tribal health organizations with limited hours, and asked whether narrowing locations to fire stations might better match public expectations. Myers said the bill intentionally lists multiple facility types so communities without certain services are not excluded.

Committee discussion also addressed the safety and upkeep of the devices themselves. Myers said the bill’s device requirements call for an automatic 911 call when opened and for 24/7 video surveillance. He told members he is aware of three manufacturers in the United States; "one of the manufacturers explicitly states they come out and inspect their boxes once a year anyway," Myers said, and the committee is seeking more information on inspection practices from the other manufacturers.

Chair Senator Klayman removed his procedural objection after discussion, and by unanimous consent the committee adopted amendment G.3. "Are there any further objections from amendment number 3? Hearing and seeing none, amendment number 3 is adopted," Klayman said. The committee did not take further action on SB 9 and set the bill aside for additional review of regulatory authority and fiscal implications.

The committee’s next scheduled meeting was announced as Monday, April 14 at 1:30 p.m., when the panel will hold a second hearing on a separate bill (SB 17) concerning counterfeit and nonfunctional airbags.

Votes at a glance: Amendment G.3 — moved by Senator Myers; adopted by unanimous consent (no roll-call vote recorded). The committee took no final vote on the underlying bill and held it over for further review.