Legislature(2007 - 2008)HOUSE FINANCE 519

04/03/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 92 JURISDICTION OF OMBUDSMAN TELECONFERENCED
Moved Out of Committee
+ HB 166 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS TELECONFERENCED
Moved CSHB 166(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 198 SENIOR PAYMENT PROGRAM TELECONFERENCED
Moved CSHB 198(FIN) Out of Committee
+= HB 61 TAX CREDIT FOR CONTRIBUTIONS TO VOC ED TELECONFERENCED
Moved CSHB 61(FIN) Out of Committee
HOUSE BILL NO. 92                                                                                                             
                                                                                                                                
     "An Act removing the victims'  advocate and the staff of                                                                   
     the office  of victims' rights from the  jurisdiction of                                                                   
     the office of the ombudsman  in the legislative branch."                                                                   
                                                                                                                                
Vice  Chair   Stoltze,  co-sponsor,   spoke  about   his  and                                                                   
Representative   Samuels'  work   on   victim's  rights.   He                                                                   
explained how  the first  ombudsman position was  determined.                                                                   
The intent  of the bill is  to exempt the Office  of Victim's                                                                   
Rights  (OVR) from  jurisdiction of  the Ombudsman's  Office.                                                                   
He related the purpose and mission of the (OVR).                                                                                
                                                                                                                                
2:36:26 PM                                                                                                                    
                                                                                                                                
Representative Kelly noted the  zero fiscal note.  Vice Chair                                                                   
Stoltze  explained  how  the   OVR  is  funded  by  PFD's  of                                                                   
convicted felons.   He emphasized that the bill  is not about                                                                   
increasing responsibilities in the OVR.                                                                                         
                                                                                                                                
2:38:20 PM                                                                                                                    
                                                                                                                                
Representative  Crawford wondered  about  the history  behind                                                                   
the need  for the  bill.  Vice  Chair Stoltze explained  that                                                                   
the problem  is a  clash within agencies.   The caseload  for                                                                   
the  ombudsman consists  predominantly of  prisoners and  the                                                                   
caseload for  the OVR  is victims.   There are some  inherent                                                                   
conflicts  of interest.   This  bill  clarifies the  original                                                                   
legislative intent.                                                                                                             
                                                                                                                                
In  response to  a question  from  Representative Gara,  Vice                                                                   
Chair Stoltze  replied  that the selection  of the  ombudsman                                                                   
was not a "political" process.                                                                                                  
                                                                                                                                
2:41:24 PM                                                                                                                    
                                                                                                                                
KATHY HANSEN,  OFFICE OF VICTIMS  RIGHTS (OVR),  testified in                                                                   
favor  of HB  92.   She  explained that  OVR  is a  satellite                                                                   
office  of the  legislative  branch,  was created  to  assist                                                                   
crime victims  with legal assistance  free of charge,  and is                                                                   
patterned after  the ombudsman's office.   She referred  to a                                                                   
case in district court and highlighted  conflicts between the                                                                   
two agencies.   She  noted statutes  which prevent  attorneys                                                                   
from accessing  victims' files.   OVR  has access to  records                                                                   
such as  active criminal  investigations and clemency  files,                                                                   
which the ombudsman  does not.  She related  an inappropriate                                                                   
use of the ombudsman's office.                                                                                                  
                                                                                                                                
Ms.  Hansen   emphasized   that  the   OVR  reports   to  the                                                                   
legislature  and that there  is oversight  by the Alaska  Bar                                                                   
Association.  Any  fiscal impact would be negative,  as there                                                                   
would be no duplication of efforts.                                                                                             
                                                                                                                                
2:47:52 PM                                                                                                                    
                                                                                                                                
LINDA   LORD  JENKINS,   STATE  OMBUDSMAN,   OFFICE  OF   THE                                                                   
OMBUDSMAN,  spoke  in opposition  to  the legislation.    She                                                                   
reiterated  that the  legislation  resulted  from the  sexual                                                                   
assault of a mentally impaired  individual, who felt that OVR                                                                   
did not adequately  review the complaint.  She  observed that                                                                   
the Office  of the State  Ombudsman issued a  subpoena, which                                                                   
has not  been honored by OVR.   She noted that  they continue                                                                   
to   refer   individuals   to  OVR,   but   emphasized   that                                                                   
independence  is  needed  to   allow  review  of  OVR.    She                                                                   
suggested  that OVR  statutes do  not allow  OVR to speak  to                                                                   
legislators  about complaints  without the victim's  consent.                                                                   
She added  that OVR is required  to keep confidentiality  and                                                                   
that legislative  oversight would not fall within  the narrow                                                                   
exception  in AS 24.65.120.    She urged a  legal opinion  by                                                                   
legislative  counsel  regarding   OVR's  ability  to  discuss                                                                   
specific  case  information  with  legislators.   It  is  not                                                                   
within  the power  of the Office  of the  State Ombudsman  to                                                                   
contravene  a discretionary  action taken  by a  governmental                                                                   
agency.  She related further the  reasons behind that opinion                                                                   
and when  alternate courses  of action could  be taken.   She                                                                   
maintained  that the large  caseload has  led to  complaints.                                                                   
She maintained it  is not an issue of importance  between the                                                                   
agencies, or  a turf  war, but that  the ombudsman  does have                                                                   
authorization to investigate complaints against OVR.                                                                            
                                                                                                                                
2:55:15 PM                                                                                                                    
                                                                                                                                
Representative  Gara questioned  if the concern  investigated                                                                   
was valid.   Ms. Jenkins  stated that  they were not  able to                                                                   
investigate the case because OVR has not released records.                                                                      
                                                                                                                                
REPRESENTATIVE RALPH  SAMUELS, co-sponsor explained  that the                                                                   
constitutional  amendment  in  1994  -  the  Victim's  Rights                                                                   
Amendment  -  led to  the  creation  of  the OVR,  which  was                                                                   
intended to be  an ombudsman's office and answer  directly to                                                                   
the legislature.   He maintained  that the intent  was clear.                                                                   
The bill  makes it  clear that  both agencies  answer to  the                                                                   
legislature.  The  intent was for them to be  sister agencies                                                                   
with separate functions.                                                                                                        
                                                                                                                                
2:59:24 PM                                                                                                                    
                                                                                                                                
In  response  to  a  question  by  Representative  Gara,  Ms.                                                                   
Jenkins said she could not answer  regarding the substance of                                                                   
the  complaint,  but  noted  that there  had  only  been  two                                                                   
complaints  about the quality  of OVR's  reviews.   The prior                                                                   
complaint  was decided  in support  of  OVR.   Representative                                                                   
Gara  spoke in  sympathy for  the  ombudsman's position,  but                                                                   
also understood the reasoning behind the bill.                                                                                  
                                                                                                                                
3:02:21 PM                                                                                                                    
                                                                                                                                
In  response  to  a question  by  Representative  Kelly,  Ms.                                                                   
Jenkins reiterated her concern  that there is a gap in review                                                                   
for the investigation of complaints regarding OVR.                                                                              
                                                                                                                                
Representative Foster MOVED to  REPORT HB 92 out of Committee                                                                   
with individual  recommendations and the  accompanying fiscal                                                                   
note.  There being NO OBJECTION, it was so ordered.                                                                             
                                                                                                                                
HB  92  was  REPORTED  out of  Committee  with  a  "do  pass"                                                                   
recommendation   and  with  zero   fiscal  note  #1   by  the                                                                   
Legislative Affairs Agency.                                                                                                     
                                                                                                                                
3:05:47 PM                                                                                                                    
                                                                                                                                

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