Legislature(2005 - 2006)HOUSE FINANCE 519

04/26/2006 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL TELECONFERENCED
Moved HCS SB 250(FIN) Out of Committee
+= HB 375 RETIREMENT BENEFIT LIABILITY ACCT. TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 306 CONVEY HATCHER PASS TO MAT-SU BOROUGH TELECONFERENCED
Scheduled But Not Heard
-- Testimony <Invitation Only> --
+ SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 250                                                                                                           
                                                                                                                                
     "An Act  extending the termination  date of  the Council                                                                   
     on   Domestic   Violence   and   Sexual   Assault;   and                                                                   
     eliminating  statutory  references  to  the  network  on                                                                   
     domestic violence and sexual assault."                                                                                     
                                                                                                                                
Co-Chair  Meyer   noted  that   Version  G  was   before  the                                                                   
committee.                                                                                                                      
                                                                                                                                
TOM  MAHER, STAFF,  SENATOR GENE  THERRIAULT, explained  that                                                                   
the bill  deals with the termination  date of the  Council on                                                                   
Domestic Violence and Sexual Assault.                                                                                           
                                                                                                                                
9:23:08 AM                                                                                                                    
                                                                                                                                
Mr. Maher  related that  in this  sunset review,  Legislative                                                                   
Audit concluded  that  the Council on  Domestic Violence  and                                                                   
Sexual  Assault  continues to  serve  a  public need  and  is                                                                   
operating in the  public interest.  He referred  to page 7 of                                                                   
the report.                                                                                                                     
                                                                                                                                
Accordingly,  and  per  the auditor  recommendation,  SB  250                                                                   
originally contained an eight-year  extension for the Council                                                                   
from  June  30, 2006  to  June  30, 2014.    This  eight-year                                                                   
extension was recommended, even  with the auditor noting that                                                                   
the  Council had  some  outstanding audit  issues  concerning                                                                   
coordination with  other agencies.   In absence of  any other                                                                   
information,    the    sponsor   supports    the    auditor's                                                                   
recommendation  of  eight years.    The House  State  Affairs                                                                   
version contains a two-year sunset extension.                                                                                   
                                                                                                                                
Mr.  Maher  related that  the  sponsor,  Senator  Therriault,                                                                   
would  like  the  House  Finance  Committee  to  consider  an                                                                   
expansion of this  date to at least a four-year  extension to                                                                   
2010.   He strongly feels  that now is  the time to  give the                                                                   
Council and the  relatively new Executive Director  a vote of                                                                   
confidence from the  Legislature to go out and  do their job.                                                                   
Having a  full sunset audit in  just two years will  serve to                                                                   
disrupt  Council  activities  and  also  impact  the  current                                                                   
schedule of audits pending.                                                                                                     
                                                                                                                                
The  audit,   on  page  9,   also  addressed   some  on-going                                                                   
operational  concerns  that include  staff  turnover and  the                                                                   
failure  of  the Council  to  address  two of  its  statutory                                                                   
mandates regarding  the working with Department  of Education                                                                   
and Early  Development and school  districts on  curricula on                                                                   
the  cause, prevention,  and treatment  of domestic  violence                                                                   
and sexual assault,  and coordinating with the  Department of                                                                   
Health and  Social Services  on the  delivery of services  to                                                                   
victims of  domestic violence  by health care  facilities and                                                                   
other providers.                                                                                                                
                                                                                                                                
The audit request, dated April  25, to the Legislative Budget                                                                   
and  Audit  Committee  requires   an  2008  update  on  these                                                                   
outstanding audit  issues  - as mentioned in  the House State                                                                   
Affair's  letter of  intent -  as well  as an  update on  the                                                                   
Council's  Strategic Plan, including  Missions and  Measures.                                                                   
Chairman Therriault agrees that  this audit is an appropriate                                                                   
tool  to use  to  satisfy the  concerns  of  the House  State                                                                   
Affairs Committee and the Legislature.                                                                                          
                                                                                                                                
The sponsor respectively  requests that the  letter of intent                                                                   
not be  adopted since  the audit  request is moving  forward.                                                                   
Also,  in  the  Sunset  Audit,  on  page  11  -  the  Auditor                                                                   
recommends that  the Legislature  amend the Council  statutes                                                                   
related to the  appointment of Council members.   The Council                                                                   
is  comprised   of  seven   members,  three  public   members                                                                   
appointed by the  Governor and the four  statutory designated                                                                   
department heads  or their designees (Law,  Education, Health                                                                   
and Social Services, and Public Safety.                                                                                         
                                                                                                                                
Current  law requires  the Network on  Domestic Violence  and                                                                   
Sexual  Assault  (Network),  a   non-profit  corporation,  to                                                                   
submit a list  of recommended candidates to  the Governor for                                                                   
appointment  when  a  vacancy   occurs.    Further,  statutes                                                                   
require  that  the Governor  fill  any  unexpired term  of  a                                                                   
Council  member after  consultation with  the Network.   This                                                                   
language is  passive, in that  the Governor does not  have to                                                                   
choose from the Network list.                                                                                                   
                                                                                                                                
The Network annually receives  a grant from the Council for a                                                                   
legal advocacy project and the  appearance of conflict exists                                                                   
when  a  Council  member  reviews,  evaluates,  approves  and                                                                   
monitors a grant to the same nonprofit  organization that may                                                                   
have  been responsible  for recommending  that individual  be                                                                   
appointed to the Council.   SB  250, in its previous version,                                                                   
contained language that removed  both statutory references to                                                                   
the Network.  The House State  Affairs Committee deleted this                                                                   
language.   Senator  Therriault respectively  asks the  House                                                                   
Finance   Committee   to   consider   reinstatement.      The                                                                   
legislative  auditor  can  provide   more  detail  about  the                                                                   
genesis of this  apparent conflict, and why  it was important                                                                   
enough to address in this bill.                                                                                                 
                                                                                                                                
Mr.  Maher concluded  that there  are two  fiscal notes  that                                                                   
have been corrected.   As funds for the Council  are included                                                                   
in the Governor's  FY07 Operating Budget Request  and adopted                                                                   
in the  House and Senate Operating  Budget, there will  be no                                                                   
additional  fiscal  impact  due   to  the  extension  of  the                                                                   
Council.                                                                                                                        
                                                                                                                                
9:23:49 AM                                                                                                                    
                                                                                                                                
PAT   DAVIDSON,  LEGISLATIVE   AUDITOR,   LEGISLATIVE   AUDIT                                                                   
DIVISION, spoke to the sunset  review last year that resulted                                                                   
in two recommendations.   One was that the  council deal with                                                                   
a statutory requirement to coordinate  with the Department of                                                                   
Education  and  with  the Department  of  Health  and  Social                                                                   
Services.   There was  also a  recommendation from  the prior                                                                   
audit  about the  elimination  of the  Network from  statute.                                                                   
She related  the history  of the  Network modification.   The                                                                   
Governor  is able  to appoint  anyone  to the  council.   The                                                                   
audit  suggested  it  would  be   helpful  to  eliminate  any                                                                   
appearance of conflict of interest.                                                                                             
                                                                                                                                
9:26:29 AM                                                                                                                    
                                                                                                                                
NANCY  SCHEET-FREYMILLER,  ANCHORAGE,  spoke  as  a  previous                                                                   
council member and previous executive  director of the Abused                                                                   
Woman's Program.  She spoke in  support of retaining language                                                                   
that would  preserve the Network  because it would  allow for                                                                   
quality  appointments.   The  Network  is an  association  of                                                                   
organizations  in the  communities  and it  has insight  into                                                                   
domestic  violence  and  assault  problems.    She  spoke  in                                                                   
support  of the  concept of  having the  Network included  as                                                                   
part of the Council in order to  provide consistent, valuable                                                                   
input.                                                                                                                          
                                                                                                                                
9:29:18 AM                                                                                                                    
                                                                                                                                
BRENDA  STANFILL,  ALASKA WOMEN'S  CENTER  FOR  NON-VIOLENCE,                                                                   
FAIRBANKS, reminded  the committee  that the Network  is made                                                                   
up of  the 21-member  programs  from around  the state.   She                                                                   
described  how  Network  members  are chosen.    The  Network                                                                   
represents the community  well.  She opined  that the process                                                                   
is  working.    She asked  for  the  language  regarding  the                                                                   
Network  to be  kept in  the bill.   She  suggested that  the                                                                   
three public members be more clearly defined.                                                                                   
                                                                                                                                
9:32:45 AM                                                                                                                    
                                                                                                                                
BARBARA  MASON,  EXECUTIVE  DIRECTOR,   COUNCIL  ON  DOMESTIC                                                                   
VIOLENCE  AND  SEXUAL  ASSAULT, explained  that  the  Council                                                                   
consists  of seven  members,  four  from state  agencies  and                                                                   
three public members.  She spoke  highly of the Council.  The                                                                   
Council  reviews  reports at  each  quarterly  meeting.   She                                                                   
described the  follow-up procedure of  reports.  Each  of the                                                                   
members are  very active, involved,  and knowledgeable.   The                                                                   
recommendation of  the sunset audit  was that the  Council is                                                                   
meeting statutory  requirements.   The Council is  working on                                                                   
recommendations  related  to  the Department  of  Health  and                                                                   
Social  Services  and  the  Department  of  Education.    She                                                                   
offered to  provide more  information on  those issues.   She                                                                   
concluded  that the  Council  supports  extending the  sunset                                                                   
audit date.                                                                                                                     
                                                                                                                                
9:36:08 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  MOVED to ADOPT Conceptual Amendment  1, which                                                                   
would change the date on page 1, line 6, from 2008 to 2010.                                                                     
                                                                                                                                
Representative Stoltze OBJECTED.                                                                                                
                                                                                                                                
Co-Chair Meyer  explained that  the committee is  working off                                                                   
of the State Affairs  CS.  He suggested that there  is a need                                                                   
for more time, therefore the proposed extension until 2010.                                                                     
                                                                                                                                
Mr. Maher stated support for the amendment.                                                                                     
                                                                                                                                
Ms.  Davidson related  that  the funds  were  also looked  at                                                                   
under the federal compliance review.   The recommendation for                                                                   
an 8-year  extension was made  with other audit  processes in                                                                   
mind.                                                                                                                           
                                                                                                                                
Representative Weyhrauch asked  what the original sunset date                                                                   
was.  Mr. Maher replied that it  was for 8 years, until 2014.                                                                   
Representative Weyhrauch  asked if that was  changed in House                                                                   
State Affairs Committee.  Mr. Maher said yes.                                                                                   
                                                                                                                                
9:39:24 AM                                                                                                                    
                                                                                                                                
Representative Stoltze  WITHDREW his objection.   There being                                                                   
NO further OBJECTION, Amendment 1 was adopted.                                                                                  
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT Amendment 2:                                                                                      
                                                                                                                                
     Page 1, line 2                                                                                                             
     After "Assault"                                                                                                            
     Insert ";  and eliminative  statutory references  to the                                                                   
     network on domestic violence and sexual assault"                                                                           
                                                                                                                                
     Page 1, Insert new section                                                                                                 
     Section 1. AS 18.66.020(a) is amended to read:                                                                             
          (a) The council consists of                                                                                           
               (1)  three persons  appointed by the  governor                                                                   
               [AFTER   CONSULTATION  WITH  THE   NETWORK  ON                                                                   
               DOMESIC   VIOLENCE  AND   SEXUAL  ASSAULT,   A                                                                   
               NONPROFIT   CORPORATION;    THE   NETWORK   ON                                                                   
               DOMESTIC  VIOLENCE  AND SEXUAL  ASSAULT  SHALL                                                                   
               SUBMIT  A  LIST  TO THE  GOVERNOR  OF  PERSONS                                                                   
               RECOMMENDED FOR APPOINTMENT];                                                                                    
               (2) the  commissioner of public  safety or the                                                                   
               designee   of  the   commissioner  of   public                                                                   
               safety;                                                                                                          
               (3)  the  commissioner  of health  and  social                                                                   
               services  or the designee of  the commissioner                                                                   
               of health and social services;                                                                                   
               (4)  the commissioner  of education  and early                                                                   
               development    or   the   designee    of   the                                                                   
               commissioner    of    education   and    early                                                                   
               development; and                                                                                                 
               (5)  the attorney general  or the  designee of                                                                   
               the attorney general.                                                                                            
                                                                                                                                
     Page 2, Insert new section                                                                                                 
     Section 2. AS 18.66.020(b) is amended to read:                                                                             
          (b) The term of office of a member appointed under                                                                    
     (a)(1)  of  this  section   is  two  years.    A  member                                                                   
     appointed  under (a)(1)  of this  section serves  at the                                                                   
     pleasure  of the governor  and may  not serve  more than                                                                   
     two consecutive  terms.  A vacancy on the  council shall                                                                   
     be filled for  the unexpired term by appointment  by the                                                                   
     governor  [AFTER   CONSULTATION  WITH  THE   NETWORK  ON                                                                   
     DOMESTIC VIOLENCE AND SEXUAL ASSAULT].                                                                                     
                                                                                                                                
     Renumber the remaining section accordingly.                                                                                
                                                                                                                                
Representative Joule OBJECTED.                                                                                                  
                                                                                                                                
Mr. Maher spoke  in favor of Amendment 2.  He  noted that the                                                                   
Network has  done a great job  and the bill is not  trying to                                                                   
lessen the Network's  importance.  The Committee  issued this                                                                   
recommendation  after  presenting   a  case,  which  analyzed                                                                   
problems.                                                                                                                       
                                                                                                                                
Representative Joule WITHDREW his objection.                                                                                    
                                                                                                                                
Representative  Weyhrauch OBJECTED  for discussion  purposes.                                                                   
He asked what the  length of the term of office  is now.  Ms.                                                                   
Davidson replied  that Section 2  (b) is the other  part that                                                                   
is required when the Governor  consults the Network.  Now the                                                                   
Governor would not have to consult with the Network.                                                                            
                                                                                                                                
Representative Weyhrauch noted  that the amendment deals with                                                                   
the term  of office.   Mr. Maher clarified  that the  term of                                                                   
office is not being changed.   A statutory reference is being                                                                   
removed.                                                                                                                        
                                                                                                                                
9:42:54 AM                                                                                                                    
                                                                                                                                
Representative  Stoltze agreed with  the intent of  Amendment                                                                   
2,  especially  Public  Safety's   involvement.    Mr.  Maher                                                                   
replied that Public Safety would still be involved.                                                                             
                                                                                                                                
Representative  Weyhrauch  said  he was  concerned  that  the                                                                   
amendment  removes   the  action  between  the   Council  and                                                                   
Governor.  He MAINTAINED his OBJECTION  to adopting Amendment                                                                   
2.                                                                                                                              
                                                                                                                                
Co-Chair  Meyer said his  understanding  that the Network  is                                                                   
still allowed to provide recommendations to the Governor.                                                                       
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Kelly, Stoltze, Foster, Meyer                                                                                         
OPPOSED: Moses, Weyhrauch, Holm, Joule                                                                                          
                                                                                                                                
Amendment 2 FAILED 4-4.                                                                                                         
                                                                                                                                
Amendment  3 was not  taken up  because it  was dependent  on                                                                   
Amendment 2 passing.                                                                                                            
                                                                                                                                
9:46:26 AM                                                                                                                    
                                                                                                                                
Representative  Foster MOVED  to REPORT  SB 250, as  amended,                                                                   
with individual  recommendations and the  accompanying fiscal                                                                   
notes.  There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
HCSSB  250 (FIN) was  REPORTED  out of Committee  with  a "no                                                                   
recommendation" and with two new  Department of Public Safety                                                                   
fiscal notes prepared by the House Finance Committee.                                                                           
                                                                                                                                
9:48:16 AM                                                                                                                    
                                                                                                                                

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