Legislature(2007 - 2008)CAPITOL 106

04/10/2007 04:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
*+ HB 207 STUDENT QUESTIONNAIRES AND SURVEYS TELECONFERENCED
Heard & Held
*+ HB 215 TASK FORCE RE: COUNCIL ON DOM. VIOL. TELECONFERENCED
Moved CSHB 215(HES) Out of Committee
*+ HB 213 CRIMES AT DOMESTIC VIOLENCE SHELTERS TELECONFERENCED
Moved CSHB 213(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 215-TASK FORCE RE: COUNCIL ON DOM. VIOL.                                                                                   
                                                                                                                                
4:59:49 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 215, "An Act  relating to the establishment  of a                                                               
task force to review the  Council on Domestic Violence and Sexual                                                               
Assault."                                                                                                                       
                                                                                                                                
5:00:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH introduced  HB 215  as prime  sponsor.                                                               
She touched upon  points in the sponsor statement,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Last  month the  Legislature voted  to reauthorize  the                                                                    
     Council  on   Domestic  Violence  and   Sexual  Assault                                                                    
     (CDVSA). Alaska continues to rank  among the highest in                                                                    
     the nation  for rates  of domestic violence  and sexual                                                                    
     assault   and  the   Council  has   a  vital   role  in                                                                    
     prevention, education  and response to  those incidents                                                                    
     in our state.                                                                                                              
                                                                                                                                
     During  the   Reauthorization  process,  a   number  of                                                                    
     questions arose on  a variety of issues  related to the                                                                    
     Council, including  its placement in the  Department of                                                                    
     Public  Safety,  the  Council's mission,  and  concerns                                                                    
     brought forth in Legislative  Audit Reports released in                                                                    
     2006 and 2002.  The work done by CDVSA and  its role in                                                                    
     the battle to end  sexual assault and domestic violence                                                                    
     is  essential,  but  the  Legislature  and  the  public                                                                    
     deserve to have their questions addressed.                                                                                 
                                                                                                                                
     The Task  Force would bring members  of the legislature                                                                    
     and administration together with  members of the public                                                                    
     to  have  thoughtful, comprehensive  discussions  about                                                                    
     the Council and the issues at hand.                                                                                        
                                                                                                                                
     This Task Force  would prepare and present  a report to                                                                    
     the full  legislature, in an effort  to bring increased                                                                    
     awareness of the  Council's role as well  as answer on-                                                                    
     going questions that members have with its extension.                                                                      
                                                                                                                                
     This act will be repealed April 16, 2008.                                                                                  
                                                                                                                                
     I  urge  your support  in  the  creation of  this  Task                                                                    
     Force.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH expressed  her hope  that she  will be                                                               
appointed  as a  member of  the aforementioned  task force.   She                                                               
noted  that the  Department  of Public  Safety  has committed  to                                                               
paying the  transportation and per  diem costs of the  two public                                                               
members of  the task  force, as well  as the  person representing                                                               
the Alaska Network on Domestic Violence.                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  stated that there would  be amendments                                                               
to the bill.   One amendment would quantify the  meeting time and                                                               
the expected  outcome of  the meeting.   Another  amendment would                                                               
insert  "domestic  violence"  on  page  2,  line  6.    The  last                                                               
amendment  would address  legislation that  established a  90-day                                                               
session, by  changing the  February 1,  2008, date  on page  3 to                                                               
March  1, in  order to  accommodate  the possibility  of a  later                                                               
session commencement.                                                                                                           
                                                                                                                                
CHAIR WILSON commended Representative Fairclough's efforts.                                                                     
                                                                                                                                
5:05:20 PM                                                                                                                    
                                                                                                                                
CHRIS  ASHENBRENNER, Interim  Program  Administrator, Council  on                                                               
Domestic Violence and Sexual Assault  (CDVSA), noted that she had                                                               
submitted a  letter in  support of  HB 215,  on behalf  of CDVSA.                                                               
She  related that  at a  press conference,  Governor Sarah  Palin                                                               
expressed her  dislike of Alaska's current  statistics related to                                                               
sexual  assault  and  domestic  violence.    She  emphasized  the                                                               
council's commitment to continually strive for improvements.                                                                    
                                                                                                                                
5:06:50 PM                                                                                                                    
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence and Sexual Assault (ANDVSA),  spoke of a letter from the                                                               
network in support of HB 215.   She said ANDVSA has been actively                                                               
working with  Representative Fairclough and CDVSA.   She reported                                                               
that at  a recent meeting,  the lieutenant governor  stressed the                                                               
importance of  lowering Alaska's statistics on  domestic violence                                                               
and sexual  assault.   She said  it has been  11 years  since the                                                               
Domestic Violence  Protection Act of  1996, and it is  prudent to                                                               
look for means of improvement.                                                                                                  
                                                                                                                                
5:08:44 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
5:08:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  said upon  her first  glance of  the bill                                                               
she had  questioned what the task  force could do that  could not                                                               
be done by the council.   She stated that her understanding after                                                               
hearing  Representative  Fairclough's  presentation is  that  the                                                               
council does  not establish  it's own  mandate -  the legislature                                                               
does  - and  the task  force  would make  recommendations to  the                                                               
legislature.                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH confirmed that would  be the case.  She                                                               
noted  that [the  council]  has been  working  with many  members                                                               
around the state,  but she indicated that the council  may not be                                                               
completing  all the  necessary tasks.   She  explained, "I  think                                                               
that  in the  current language  we've  got a  lot of  implemented                                                               
steps to accomplish a broader picture  that we may not need ...."                                                               
The mission, she said, is very  broad and needs to be narrowed to                                                               
allow the council to do the work it needs to do.                                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH, in  response Representative  Gardner,                                                               
said  those sitting  on  the task  force would  not  be the  same                                                               
individuals as those  already sitting on the council.   She said,                                                               
"The Department of  Law's currently there, but  the Department of                                                               
Corrections  is not  ... currently  at the  table.   ... I  don't                                                               
believe that  the Department of  Education and  Early Development                                                               
has been  an active  participant, but the  commissioner has  at a                                                               
higher level."                                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  suggested that  it may be  more efficient                                                               
for  the council  to  make  its own  recommendations  as to  what                                                               
should be its focus.                                                                                                            
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH explained  that she  wants to  see the                                                               
legislature's involvement  so that  the council  is in  line with                                                               
what that  body wants to  support.  She  said her efforts  are to                                                               
streamline  the process.    She  pointed out  that  those on  the                                                               
council are  volunteers who  work hard, but  the council  has not                                                               
been successful  with a strategic  plan that it has  been working                                                               
on for four years.                                                                                                              
                                                                                                                                
5:14:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CISSNA  remarked   that  HB   215  is   succinct                                                               
legislation.   She recalled that  six years ago  discussions over                                                               
domestic   violence    took   place.      She    said   resulting                                                               
recommendations  are not  usually  embraced  by the  legislature.                                                               
She encouraged  doing "some  assessments of  this process."   She                                                               
talked about the  efforts of the community  blending "with this,"                                                               
because she said she thinks there  are "a lot of people out there                                                               
that have been working on this for some time."                                                                                  
                                                                                                                                
5:16:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  Representative Cissna's  remarks                                                               
are correct.  Besides the council  and the network, there used to                                                               
be a  funding committee and an  action committee, she said.   She                                                               
said the action committee struggled  to get anything done because                                                               
they did not  control the funds.  She said  people have not heard                                                               
CDVSA's response  to the  audits.   She said page  3 of  the bill                                                               
provides that  one of  the goals  of the task  force would  be to                                                               
consider  the   relationships  between  the  council   and  other                                                               
entities.   She said  the legislature should  set the  mandate of                                                               
how it will  address violence in Alaska.  The  council, she said,                                                               
is in need  of a supportive nudge - a  partner that can recognize                                                               
its work and the challenges therein.                                                                                            
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH stated for the record:                                                                                
                                                                                                                                
     I don't think  you can prevent rape; I  don't think you                                                                    
     can prevent  someone from stealing your  purse; but you                                                                    
     can  make people  aware that  that  is out  there as  a                                                                    
     possibility in  [their] lives.   But  when we  start to                                                                    
     educate  our public,  and when  we  move toward  social                                                                    
     change, you're  going to see  an increase  in reporting                                                                    
     of child victimization.   ... It means  we're doing the                                                                    
     right thing, because kids are  saying it out loud.  ...                                                                    
     I just don't leave with  anybody the impression that if                                                                    
     we  do this  that the  numbers  are going  to go  down,                                                                    
     because  that's  not  what's  going  to  happen.    The                                                                    
     numbers are going to go  up, and that means we're doing                                                                    
     our job.                                                                                                                   
                                                                                                                                
5:19:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER requested  that the  sponsor provide  the                                                               
report  titled  "Preventing  Intimate  Partner  Violence,  Sexual                                                               
Violence and Child Maltreatment" identified  on page 3, lines 17-                                                               
18.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH,  in  response   to  a  question  from                                                               
Representative Gardner,  explained that  if an amendment  were to                                                               
pass,  regarding how  often the  task  force would  meet and  who                                                               
would pay  per diem  and travel expenses,  then "a  more accurate                                                               
number document" would be available.                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER asked for the definition of ex officio.                                                                  
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH specified that  ex officio means "not a                                                               
voting   member."     She  explained   the  importance   of  that                                                               
distinction.                                                                                                                    
                                                                                                                                
5:23:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 1, labeled 25-                                                                    
LS0681\C.2, Luckhaupt/Bullard, 4/10/07, which read:                                                                             
                                                                                                                                
     Page 3, following line 20:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(e)  The task force shall meet a minimum of at                                                                       
     least once in the  following cities: Juneau, Anchorage,                                                                    
     Fairbanks, and a rural community of the state."                                                                            
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 3, line 22, following "AS 39.20.180.":                                                                                
          Insert "Each department shall pay the per diem                                                                        
     and   travel  expenses   for   its  representative   or                                                                    
     representatives to  the task  force. The  Department of                                                                    
     Public  Safety  shall  pay  the  per  diem  and  travel                                                                    
     expenses for the two public members of the task force                                                                      
       and the director of the Alaska Network on Domestic                                                                       
     Violence and Sexual Assault."                                                                                              
                                                                                                                                
5:24:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER objected  for discussion  purposes.   She                                                               
asked  if the  council has  its own  way of  paying per  diem and                                                               
travel expenses  or if it  should be included under  the coverage                                                               
given by the Department of Public Safety.                                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  explained  that  CDVSA  has  its  own                                                               
resources since it is a division of the State of Alaska.                                                                        
                                                                                                                                
REPRESENTATIVE  GARDNER removed  her objection.   There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
5:25:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 2, as follows:                                                                    
                                                                                                                                
     On page 3, line 27:                                                                                                        
          Delete "February 1"                                                                                                   
          Insert "March 1"                                                                                                      
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
5:26:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 3, as follows:                                                                    
                                                                                                                                
     On page 2, line 6:                                                                                                         
          Between "for victims of" and "sexual assault;"                                                                        
          Insert "domestic violence and"                                                                                        
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
5:26:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to report  HB 215, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
215(HES)  was  reported  from the  House  Health,  Education  and                                                               
Social Services Standing Committee.                                                                                             
                                                                                                                                

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