04/06/2006 08:00 AM House STATE AFFAIRS

SB 250-DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL                                                                               
                                                                                                                                
9:55:12 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  announced that  the  last  order of  business  was                                                               
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."                                                                                                   
                                                                                                                                
9:55:25 AM                                                                                                                    
                                                                                                                                
W. TOM MAHER, Staff to  the Legislative Budget & Audit Committee,                                                               
Alaska  State Legislature,  presented  SB 250  on  behalf of  the                                                               
Senate  Rules Committee,  sponsor by  request of  the Legislative                                                               
Budget & Audit Committee.   He noted that Senator Gene Therriault                                                               
is the  chair of the  Legislative Budget  & Audit committee.   He                                                               
noted that last year, through  statute, the mandatory sunset time                                                               
period  was  changed  from  four   years  to  eight  years.    He                                                               
explained,   "As the  sunset process  has matured,  we're looking                                                               
less  at   eliminating  these   entities  than   measuring  their                                                               
effectiveness and performance."  He continued as follows:                                                                       
                                                                                                                                
     In  this sunset  review, [the  Division of  Legislative                                                                    
     Audit] concluded that the  Council on Domestic Violence                                                                    
     and Sexual  Assault continues to provide  a public need                                                                    
     and is  operating in  the public interest.   Page  7 of                                                                    
     the [audit]  report [included in the  committee packet]                                                                    
     has  those  conclusions.    Accordingly  in  the  bill,                                                                    
     Section 3 extends the sunset  date for the council from                                                                    
     June 30, 2006, to June 30, 2014.                                                                                           
                                                                                                                                
     The  audit  also, on  page  9,  addresses some  ongoing                                                                    
     operational  concerns that  include staff  turnover and                                                                    
     the  failure  of the  council  to  address two  of  its                                                                    
     statutory   mandates   regarding   working   with   the                                                                    
     Department of Education &  Early Development and school                                                                    
     districts on  curricula for the cause,  prevention, and                                                                    
     treatment of domestic violence  and sexual assault, and                                                                    
     also  a lack  of  coordination with  the Department  of                                                                    
     Health &  Social Services on  the delivery  of services                                                                    
     to  the  victims of  domestic  assault  by health  care                                                                    
     facilities  and other  providers.    These are  ongoing                                                                    
     issues  with  the council,  and  in  its response,  the                                                                    
     council says  they are  working to  resolve them.   The                                                                    
     committee may want the council  director to update them                                                                    
     on their progress.                                                                                                         
                                                                                                                                
MR.  MAHER said  Sections 1  and 2  of the  bill address  another                                                               
recommendation  directed at  the legislature,  which is  shown on                                                               
page 11 of  the report.  He said the  auditor recommends that the                                                               
legislature   amend  the   council   statutes   related  to   the                                                               
appointment of council  members.  He relayed that  the council is                                                               
comprised of  seven members, three  of whom are appointed  by the                                                               
governor,  and four  of  whom  are designated  in  statute to  be                                                               
department  heads, one  each,  from the  Department  of Law,  the                                                               
Department  of  Education  &  Early  Childhood  Development,  the                                                               
Department of  Health &  Social Services,  and the  Department of                                                               
Public  Safety.   Current law  requires the  Network on  Domestic                                                               
Violence & Sexual  Assault, a nonprofit corporation,  to submit a                                                               
list of  recommended candidates to  the governor  for appointment                                                               
when  a  vacancy occurs  on  the  council.   Further,  he  noted,                                                               
statute requires that  the governor fill any unexpired  term of a                                                               
council member  after consultation with  the network.   Mr. Maher                                                               
stated, "Since  the network  annually receives  a grant  from the                                                               
council for a  legal and advocacy project, and  the appearance of                                                               
conflict  exists when  a council  member reviews,  evaluates, and                                                               
approves,   and  monitors   a   grant  to   the  same   nonprofit                                                               
organization  that may  have  been  responsible for  recommending                                                               
that  individual -  the  appointee to  the council  -  we feel  a                                                               
conflict  exists."   The proposed  legislation would  delete both                                                               
statutory references that produce this conflict, he said.                                                                       
                                                                                                                                
MR. MAHER pointed  out that there is a zero  fiscal note with the                                                               
bill, which is  produced by the Department of Public  Safety.  He                                                               
reviewed that funds  for the council are already  included in the                                                               
governor's fiscal  year 2007 (FY  07) proposed  operating budget;                                                               
therefore, there  would be  no additional  fiscal impact  "due to                                                               
the extension of the council."                                                                                                  
                                                                                                                                
9:59:43 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON said  he  thinks everyone  on  the committee  would                                                               
agree that the  issue of domestic violence and  sexual assault is                                                               
of primary  significance within Alaska.   Regarding  the function                                                               
of the  council, he  stated, "Our responsibility  is not  only to                                                               
maintain things, but [also to] make  sure that we were working on                                                               
them in  an effective  manner."   He said he  would like  to hear                                                               
testifiers' opinions  relating to the council's  plan and whether                                                               
or not the existing mechanism is effective.                                                                                     
                                                                                                                                
10:01:01 AM                                                                                                                   
                                                                                                                                
PAT  DAVIDSON, Legislative  Auditor, Legislative  Audit Division,                                                               
Legislative Agencies & Offices,  stated her understanding that it                                                               
was  in the  early  1990s that  the mission  of  the council  was                                                               
significantly expanded,  and with  that expansion the  staff also                                                               
increased.    Ms.  Davidson  said the  audit  done  revealed  two                                                               
functions  of the  council -  originally  highlighted about  four                                                               
years  ago  during the  last  audit  -  that "still  hadn't  been                                                               
resolved  yet."   She said,  as  Mr. Maher  indicated, those  two                                                               
functions  were  the  coordination   with  the  schools  and  the                                                               
Department of Health & Social  Services.  She stated, "When staff                                                               
are  churning, it  does  make  it more  difficult  to get  things                                                               
accomplished."  She  concluded, "As the council  tries to address                                                               
those issues, we  hope and expect that they are  going to take on                                                               
these statutorily mandated items and start dealing with those."                                                                 
                                                                                                                                
10:03:44 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON   requested  that  Barbara  Mason,   the  Executive                                                               
Director of the Council on  Domestic Violence and Sexual Assault,                                                               
provide  for the  committee the  council's  action plan,  meeting                                                               
agenda,  and  council  member  attendance  and  minutes  of  past                                                               
meetings.                                                                                                                       
                                                                                                                                
[SB 250 was heard and held.]