Legislature(2005 - 2006)BUTROVICH 205
02/17/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB250 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 250 | TELECONFERENCED | |
SB 250-DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL
CHAIR DYSON announced SB 250 to be up for consideration.
1:40:50 PM
TOM MAHER, Staff, Legislative Budget and Audit Committee, Alaska
State Legislature, introduced SB 250 by paraphrasing from the
following:
Senate Bill 250 relates to the termination date of the
Council on Domestic Violence and Sexual Assault and
eliminates references to the Network on Domestic
Violence and Sexual Assault.
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.... Sec. 3 of this
bill extends the sunset date for the Council from
June 30, 2006 to June 30, 2014 - an eight-year
extension.
The audit 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. These are on-going issues and the Council,
in its response, is working to resolve them. It is
fair to note that the auditor commented that with
"limited staffing and several mandates, the Council
chose to focus primarily on their grant funding and
oversight role" - to insure continued funding of grant
programs.
... Sections 1 and 2 address the other recommendation
directed to the legislature in this report. That is
that the Legislature amend the 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.
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".
Increasing the standard sunset period allows for
better use of audit staff, committee time, and makes
the sunset process less consuming for boards and
regulatory agencies.
Second, as Alaska's sunset process has matured, most
of the sunset reviews are less about eliminating board
and commissions, and more about operational
performance. To better measure operational
performance, last session, two new criteria were added
to statute that must be considered in the course of a
sunset review by the auditors:
1. The extent to which the board, commission, or
agency has effectively attained its objectives
and the efficiency with which it has operated.
2. The extent to which the board, commission, or
agency duplicates the activities of another
governmental agency or the private sector.
Expanding the criteria will assure that auditors will
measure the efficiency and effectiveness of boards,
commissions or agencies under review.
Finally, there is one fiscal note from Occupation
Licensing - passage of this legislation will incur no
additional costs - and the outlying fiscal years the
fiscal note merely shows the cost of continuing this
board at the current level already included in the
budget.
1:43:47 PM
CHAIR DYSON invited Ms. Davidson to explain the proposed
amendment to AS 18.66.020(a) and to speak to the problem that
this would cure.
PAT DAVIDSON, Legislative Auditor, Division of Legislative Audit
(DLA), explained that the problem relates to perception.
Currently, when considering appointments to the Council, the
Governor is required to consult a list of persons recommended
for appointment that is compiled and submitted by the Network.
While the Network receives money from the Violence Against Women
Act federal grant, most of its money comes from a state plan
that is federally authorized. In addition, it receives
discretionary state money that is not subject to federal
oversight. The DLA is concerned that the aforementioned
statutory requirement creates the possibility of a perceived
conflict of interest because the Governor's choice of appointees
is not restricted to the list submitted by the Network. The DLA
suggests that this statutory requirement be deleted.
CHAIR DYSON asked if a potential conflict arises from the
Network's possible interest in recommending appointees likely to
procure the discretionary part of the state grant for the
Network.
MS. DAVIDSON replied that is correct. The conflict arises from
the network's position as both a recommender of appointees and a
possible recipient of grants made by the Council. In addition
to its concern about transparency, the DLA is also concerned
that the statutory requirement is unfair to the Network because
of the undue suspicion that it could incur.
SENATOR ELTON remarked that the interest of transparency may be
better served under the current statutory requirement because it
ensures that the public is informed of the Network's
recommendations and the Governor has the choice of whether or
not to consider them. He expressed his concern that the public
may have no way of knowing about recommendations of the Network
if the statutory requirement is removed.
1:50:23 PM
MS. DAVIDSON responded that any organization may make
recommendations to the Governor, and the DLA is concerned that
the statutory requirement makes the Network a first among
equals. She said there is no compelling reason that the
Governor should be required to hear the recommendations of the
Network, and she added that originally the Network was not a
grantee and the statute did not create a conflict of interest.
SENATOR ELTON said he understands the DLA's concerns, given that
a perceived conflict may be as bad as an actual one.
CHAIR DYSON stated that although the bill would not be passed
out today, he would like to have the potential amendments aired.
MR. MAHER said he reviewed the auditor's report with Senator
Therriault, who has recommended that this committee consider the
potential conflict. He said he and Senator Therriault had asked
a representative from the Network if they had additional
language to propose.
1:53:51 PM
CHAIR DYSON requested that Senator Elton move to adopt his
amendments, saying he himself would then object for discussion
purposes, after which public testimony would be taken.
SENATOR ELTON moved to adopt Amendment 1, which read:
AMENDMENT 1
Offered in the Senate HESS Committee To: SB 250
Page 1, line 2:
Following "Assault";
Insert "amending the council membership and the
qualifications for membership of the council's public members;"
Delete the first occurrence of "and"
Page 1, line 7:
Following "three"
Delete "persons"
Insert "public members [PERSONS]"
Page 1, line 7:
Following "governor":
Insert ", who shall include
(a) one member who resides in a community not connected
to the highway or marine highway system,
(b) one member who is a survivor of domestic violence
or sexual assault or who has counseled or advocated
for survivors of domestic violence or sexual
assault; and
(c) one member who is an expert in domestic violence
and sexual assault program service delivery"
Page 2, line 3:
Delete the second occurrence of "and"
Insert "; and
(6) the executive director of the Alaska Network on Domestic
Violence and Sexual Assault, who shall serve as an ex
officio, nonvoting member"
Page 2, line 12:
Insert a new section to read:
*Sec. 3. AS 18.66.020(c) is amended to read:
(c) A person who receives compensation from or is an employee
of a domestic violence, sexual assault, or crisis intervention
or prevention program may not be appointed as a voting member to
the council.
Renumber the following bill section(s) accordingly.
Insert a new section to read:
Sec. 6. The uncodified law of the State of Alaska is amended
by adding a new section to read:
APPLICABILITY. The provisions of AS 18.66.020(a)(1)(A)-
(C), added by sec. 1 of this Act, apply to vacancies among the
public members of the Council on Domestic Violence and Sexual
Assault that occur on or after the effective date of sec. 1 of
this Act.
CHAIR DYSON objected for discussion.
SENATOR ELTON explained that Amendment 1 sets forth criteria for
public members serving on the Council. It provides that the
three public members shall include a member who is from a rural
community, which is defined as a community that is located off
the highway system and off the Marine Highway System; one member
who is a survivor of domestic violence or sexual assault or who
has advocated for survivors of domestic violence or sexual
assault; and one member who is an expert in the delivery of
domestic violence and sexual assault programs.
He said Amendment 1 provides that the executive director of the
Network serve as an ex-officio member of the Council to provide
it with his or her expertise, and it allows existing Council
members who do not meet the aforementioned criteria to complete
their terms. It makes a title change to accommodate for its
other changes.
1:57:59 PM
SENATOR ELTON moved to adopt Amendment 2, which read:
AMENDMENT 2
Offered in the Senate HESS Committee To: SB 250
Page 2, line 12:
Insert new bill sections to read:
Sec. 4. AS 18.66.020 is amended by adding a new subsection to
read:
(d) A public member appointed by the governor may not be an
officer or active employee of the state.
Renumber the following bill section accordingly.
Page 2, line 15:
Insert a new bill section to read:
Sec. 7. Section 4 of this Act takes effect August 1, 2007.
CHAIR DYSON objected for discussion.
SENATOR ELTON explained that Amendment 2 provides that any
public member serving on the Council may not be an officer or an
employee of the state. He added that since there is currently a
member of the Council who fits this description, the amendment
would become effective at the end of the member's term.
He said statute already delineates four positions on the Council
for state employees, and he is concerned about additional state
employees serving on it because they are already well
represented there. He expressed his concern that a number of
state employees have served as public members on the Council
over the past several years.
SENATOR ELTON reported that he'd submitted his amendments to the
Legislative Legal Services Division, but was not comfortable
with the result of their drafting. He advised anyone with
concerns about imprecise language to contact his office.
CHAIR DYSON opened public testimony, saying he would be
interested in hearing any alternative ideas.
2:01:04 PM
BRENDA STANDFILL, Chair, Network for Domestic Violence and
Sexual Assault; Executive Director, Interior Alaska Center for
Nonviolent Living, noted that her organization serves victims of
domestic violence and sexual assault in the Fairbanks area. She
said the Council is an important part of the state's efforts to
combat domestic violence and sexual assault, and she supports
its continuation for the next eight years.
She said the Network's formalized recommendation process should
remain in statute, since it ensures that people who make
outstanding contributions at the local level will continue to
come to the attention of the Governor. She agreed with Senator
Elton's comment that although this process may create the
appearance of impropriety, it is better to have the
recommendations of the Network on the record.
MS. STANDFILL agreed with regard to the proposed amendments,
that the public-member status of board members should be
defined, since state employees are often overrepresented. She
supported making the executive director of the Network an ex-
officio member of the committee, and added that this would
formalize the close relationship that currently exists between
the Network and the Council.
2:05:23 PM
BARBARA MASON, Executive Director, Council on Domestic Violence
and Sexual Assault, supported SB 250. She asked for time to
review the proposed amendments before commenting on them.
CAREN ROBINSON, Alaska Women's Lobby, Network on Domestic
Violence, said that originally the Council was placed under the
commissioner's office at the Department of Health and Social
Services, and its very small budget was divided informally among
its directors. As awareness of the seriousness of domestic
violence and sexual assault grew, however, then-Governor Hammond
declared that the state needed a formalized process according to
which it could administer funding dedicated to addressing the
problem; he insisted that the process be legislated in such a
way that his administration would be closely involved in the
process and, consequently, four committee seats were established
for commissioners or their designees.
MS. ROBINSON said the three public Council seats were
established to ensure that victims and those advocating for
victims were involved in the Council's decisions. She said
that, at the time, the administration decided the best way to
find the right people for these positions was to have potential
candidates forwarded by the Network. She remarked that
generally this system has worked very well.
She addressed the proposed amendments, saying that despite the
potential of a conflict of interest, it is more important to
maintain the close relationship between the Network and the
Council because the Council represents the voice of victims and
their advocates. She said she was not greatly concerned about
public employees serving as public committee members because
there have been wonderful state employees who have served in
that capacity.
2:13:52 PM
CHAIR DYSON said he'd like to know what the administration
thinks about the recommendations of the auditor and the
amendments.
MS. ROBINSON replied that the commissioners or their designees
who serve on the board should best represent the position of the
administration.
CHAIR DYSON requested that Mr. Maher ask the commissioners to
review the bill and amendments, and to give the committee their
views by next Wednesday.
MR. MAHER replied that he would do so. [SB 250 was held over.]
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