Legislature(2005 - 2006)SENATE FINANCE 532
03/14/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB303 | |
| SB304 | |
| SB250 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 303 | TELECONFERENCED | |
| + | SB 304 | TELECONFERENCED | |
| + | SB 250 | TELECONFERENCED | |
| + | TELECONFERENCED |
10:44:06 AM HOUSE CS FOR SENATE BILL NO. 250(STA) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault." This was the first hearing for this bill in the Senate Finance Committee. TOM MAHER, Staff to Senator Therriault, read the sponsor statement into the record as follows. This legislation stems from recommendations contained in the Legislative Audit Report entitled, "Council on Domestic Violence and Sexual Assault Sunset Audit", dated September 23, 2005. Legislative Audit also recommended that the Legislature amend Council statutes related to the appointment of Council members. 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. 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 deletes both statutory references that produce this appearance of conflict. This audit was conducted under revisions made last session to the sunset process. The standard sunset period for occupational boards and non-occupational boards was changed from "not to exceed four years" to "not to exceed eight years". Additionally, to better measure operational performance, two new criteria were added to statute that must be considered in the course of a sunset review by the auditors: · The extent to which the board, commission, or agency has effectively attained its objectives and the efficiency with which it has operated. · The extent to which the board, commission, or agency duplicates the activities of another governmental agency or the private sector. Mr. Maher noted that the Senate Health, Education and Social Services Committee reported this legislation from its committee with no changes. The fiscal note for this bill reflects that implementation would incur no additional costs. 10:47:44 AM Senator Hoffman asked about the aforementioned conflicts. 10:47:55 AM PAT DAVIDSON, Director, Division of Legislative Audit, responded that the statutory language is "relatively soft"; the governor is required to accept the list of recommendations submitted by the Network. This legislation would not require the governor to select from those nominees for appointment to the Council on Domestic Violence and Sexual Assault (CDVSA). The governor could appoint others. Ms. Davidson expressed concern that the Network is a grantee, specifically some of the discretionary grants it receives. A non-profit organization codified in statutes makes that organization "first among equals" and does not appear to be necessary. 10:49:13 AM BARBARA MASON, Executive Director, Alaska Council on Domestic Violence and Sexual Assault, provided an overview of the CDVSA as follows. The Mission of the Council on Domestic Violence and Sexual Assault is to implement a statewide system of services for the protection of individuals and families affected by domestic violence and sexual assault. The Council is a Governmental entity housed in the Department of Public Safety. · The Council is made up of seven members consisting of representatives from the departments of Public Safety, Law, Education and Early Development, Health and Social Services, and three public members appointed by the Governor. As the Executive Director it is my job to move forward the work of the Council. · One of our tasks is to administer the funds received from the State of Alaska and the Federal Government. · We administer the state certified Batterer Intervention Program (BIPS). · We also use a proprietary database to capture information from funded CDVSA programs in order to comply with the data requirements from our funding sources. In conclusion I would like to state that the Council supports SB 250 as written. Difference between the Council and the Network is really very simple. CDVSA · Administers the State and Fed. Funds · Is a government entity Network · Represents the programs receiving the funds · Is a private non-profit The common goal between the two is to provide safety and intervention for those affected by DV/SA. 10:50:46 AM PEGGY BROWN, Executive Director, Alaska Network on Domestic Violence and Sexual Assault, testified that the nonprofit statewide organization represents over 20 member programs. The Network has historically had a viable working relationship with the CDVSA. Neither the Council nor the Network disputed the "value" of the proposed provision that would allow the Network to provide a list of nominees for the public seats of the Council to the governor. Ms. Brown quoted testimony provided by the commissioner of the Department of Public Safety to the Senate Health, Education and Social Services Committee: "As a matter of practicality, the governor should consult with the Network before appointing public members to CDVSA." Ms. Brown asserted the Network should remain codified in statute. The governor "is in no way, shape or form bound by any recommendation" made by the Network. Rather, of the past five recommendations, two had been selected. Additionally, the Network is "first among equals". It is the "expert in this field" for the State, the "voices of the victims" it serves, and provides a service to the governor in making recommendations of knowledgeable persons who are not perpetrators for Council seats. The Network undertakes a screening process in selecting those it recommends for appointment to the Council. In choosing those to recommend, the Network attempts to provide "adequate representation" of rural and urban residants; survivors of domestic violence or sexual assault and those who provide services to victims. 10:55:01 AM Ms. Brown pointed out that in addition to the Network and the Council not opposing the nomination process, the governor has not identified a problem either. 10:55:52 AM Senator Olson asked if the witness supported or opposed the bill. 10:56:08 AM Ms. Brown was against the removal of the Network from statutory language. 10:56:22 AM BRENDA STANFILL, Executive Director, Interior Alaska Center for Nonviolent Living, and Chair, Alaska Network on Domestic Violence and Sexual Assault, testified in Juneau that Ms. Brown spoke of behalf of others present at this hearing. Victims must be "heard" on the Council. Because the Council itself is not authorized to appoint public representatives to its Board, the Network provides recommendations of qualified candidates. Ms. Stanfill requested amending the bill in the event the Network was removed from statute, to provide clear definition of qualifications and representations of the public members. 10:57:36 AM Co-Chair Green referenced the recommendations of the Division of Legislative Audit and requested updates on the implementation of these changes. 10:58:35 AM Co-Chair Wilken offered a motion to report the bill from Committee with individual recommendations and accompanying fiscal note. There was no objection and SB 250 was MOVED from Committee with zero fiscal note #1 from the Department of Public Safety.
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