Legislature(2005 - 2006)BUTROVICH 205

02/22/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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01:28:28 PM Start
01:33:32 PM Overview: Medicare Prescription Drugs - Department of Health and Social Services
01:56:11 PM SB250
02:32:37 PM SB299
03:17:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Medicare Prescription Drugs - TELECONFERENCED
Department of Health & Social Services
*+ SB 299 NONDISCRIMINATION HEALTH CARE PROVIDERS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL TELECONFERENCED
Heard & Held
                                                                                                                                
        SB 250-DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL                                                                     
                                                                                                                                
CHAIR DYSON announced SB 250 to  be up for discussion.  He opened                                                               
public testimony.                                                                                                               
                                                                                                                                
1:56:11 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON interpreted  Commissioner Tandeske's written comments                                                               
to be saying  he agrees with the auditor's  conclusions about the                                                               
composition of the board, but  not with the proposed Amendments 1                                                               
and  2, offered  and discussed  at  the 2/17/06  hearing.   Chair                                                               
Dyson asked whether that is a fair summary.                                                                                     
                                                                                                                                
BILL TANDESKE,  Commissioner, Department of Public  Safety (DPS),                                                               
replied, "Almost."  He clarified  that he doesn't take issue with                                                               
the finding of an appearance  of a possible conflict in requiring                                                               
that the governor  consult the Network for  Domestic Violence and                                                               
Sexual Assault  (Network). However,  as a practical  matter, he'd                                                               
be inclined  to consult it  anyway.   He also doesn't  oppose the                                                               
designation  of a  rural position,  which he  has advocated  for.                                                               
However,  excluding some  small  communities such  as Pelican  or                                                               
Angoon -  connected only by  the Alaska Marine Highway  - perhaps                                                               
was  overly  restrictive.    He  emphasized  having  true  public                                                               
members  that bring  a wide  variety of  life experiences  to the                                                               
Council on  Domestic Violence and  Sexual Assault (Council)  - or                                                               
to any board or commissioner, for that matter.                                                                                  
                                                                                                                                
1:58:48 PM                                                                                                                    
                                                                                                                                
BILL HOGAN, Deputy Commissioner,  Department of Health and Social                                                               
Services   (DHSS),  referenced   his  letter   regarding  Senator                                                               
Therriault's position on the auditor's  comments and the proposed                                                               
amendments.    Noting  his  own  comments  would  be  similar  to                                                               
Commissioner Tandeske's, Mr. Hogan  said DHSS doesn't believe the                                                               
Network  should  have  exclusive  consultative  authority  -  the                                                               
system has  many other  stakeholders including  police, hospitals                                                               
and other providers  from whom input is important.   He concurred                                                               
with  having  a  designated  rural   member,  but  suggested  the                                                               
language  in the  proposed  amendment is  restrictive.   He  also                                                               
suggested, in general, that the  pool of potentially qualified or                                                               
competent  candidates for  the Council  shouldn't be  limited; he                                                               
noted that his written comments reflect that.                                                                                   
                                                                                                                                
CHAIR   DYSON   asked  whether   Mr.   Hogan   agreed  with   the                                                               
recommendations  of  the  auditor,  put  forth  in  SB  250,  and                                                               
disagreed with the proposed amendments.                                                                                         
                                                                                                                                
MR. HOGAN affirmed that.                                                                                                        
                                                                                                                                
CHAIR DYSON called a brief at-ease.                                                                                             
                                                                                                                                
2:01:25 PM                                                                                                                    
                                                                                                                                
SUSAN  A. PARKES,  Deputy  Attorney  General, Criminal  Division,                                                               
Department   of  Law   (DOL),  noting   that  she   is  the   DOL                                                               
representative on  the Council,  expressed support  for extending                                                               
the Council and offered to answer questions.                                                                                    
                                                                                                                                
CHAIR DYSON  referenced an  e-mail from  Ms. Parkes  that stated,                                                               
among other  things, opposition to  the amendment to SB  250 that                                                               
would exclude state employees from serving as public members.                                                                   
                                                                                                                                
2:03:42 PM                                                                                                                    
                                                                                                                                
PAT DAVIDSON, Legislative Auditor,  Division of Legislative Audit                                                               
(DLA), informed  the committee  that after  the last  hearing and                                                               
review  of amendments,  she'd gone  back  to look  at the  sunset                                                               
reviews conducted  by DLA in  the past.   She'd been  looking for                                                               
any findings  and recommendations in  those reports that  had, at                                                               
their core, a concern about the  composition of the Council.  She                                                               
reported that none  of them identified the  actual composition of                                                               
the Council as a core problem.                                                                                                  
                                                                                                                                
SENATOR ELTON arrived at 2:04:22 PM.                                                                                          
                                                                                                                                
MS.  DAVIDSON, in  response to  Chair Dyson,  explained that  the                                                               
amendments discussed at the previous  [2/17/06] hearing seemed to                                                               
address  who was  on the  Council.   Therefore,  she'd wanted  to                                                               
determine  if   there  had  been  problems   with  the  Council's                                                               
composition  or the  qualifications  of appointees  in the  past,                                                               
given the  old rules.   She'd found  no problems relating  to the                                                               
composition of the Council as it currently exists.                                                                              
                                                                                                                                
2:05:49 PM                                                                                                                    
                                                                                                                                
TOM MAHER,  Staff to the  Legislative Budget and  Audit Committee                                                               
(LB&A),  reported that  he'd checked  with Senator  Therriault on                                                               
the amendment and  that Senator Therriault had  also reviewed the                                                               
departmental   responses.     Mr. Maher  noted   that  LB&A   had                                                               
eliminated  the  reference  to the  Network.    Although  Senator                                                               
Therriault was quite supportive of  putting back a Network member                                                               
on  the  Council  as  an   ex-officio,  nonvoting  member,  after                                                               
reviewing the departmental responses  he feels much less strongly                                                               
about  it  because  the  departments were  opposed  to  that  and                                                               
indicated it  would be a  conflict.   He added that,  in general,                                                               
Senator Therriault  doesn't support  a complete rewriting  of the                                                               
Council's composition.                                                                                                          
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence  and  Sexual Assault,  supported  the  extension of  the                                                               
Council.  She  said the suggested language that  was submitted by                                                               
the Network regarding  its elimination from statute  was merely a                                                               
response to  a request, and the  Network would be happy  to place                                                               
the matter entirely in the hands of the Council.                                                                                
                                                                                                                                
She referred  to a letter to  Ms. Davidson from the  chair of the                                                               
Council.    Ms.  Brown  reported   that  it  basically  says  the                                                               
following:  the  Council recognizes and understands  the merit of                                                               
this  issue; it's  important to  note  that the  governor is  not                                                               
bound by any  recommendation by the Network; and  because of this                                                               
safeguard,  the   Council  believes  obtaining  input   from  the                                                               
Network,   which  has   significant   knowledge  and   expertise,                                                               
outweighs any limitations or theoretical conflicts.                                                                             
                                                                                                                                
2:08:25 PM                                                                                                                    
                                                                                                                                
MS. BROWN reminded members that  in late 1978 the Network formed,                                                               
and in  late 1981 the Council  was formed at its  behest, because                                                               
of  a  perceived  need  for  a  state  agency  with  pass-through                                                               
capabilities for  funding.   She said the  Network put  forth the                                                               
items  in   the  amendments  to  formalize   existing  beneficial                                                               
interactions between the Network and  the Council.  For instance,                                                               
the  Council currently  invites the  director of  the Network  to                                                               
participate in its meetings.                                                                                                    
                                                                                                                                
She  explained  that the  idea  behind  establishment of  an  ex-                                                               
officio   position   for  a   Network   member   is  to   provide                                                               
institutional  knowledge.   This  applies  not  only to  programs                                                               
statewide,  but  also to  work  with  the governor's  Council  on                                                               
Disability and  Special Education, Office of  Children's Services                                                               
(OCS), and the  Division of Public Assistance.   "We're very tied                                                               
in  to  other  state  systems,"  Ms.  Brown  pointed  out.    She                                                               
disagreed that  being an ex-officio  member would be  a conflict,                                                               
and  offered  that  it  would  be  an  asset  instead,  providing                                                               
stability and  knowledge of domestic violence  and sexual assault                                                               
issues  across  the  state.   It  just  formalizes  what  already                                                               
happens and ensures continuity, she concluded.                                                                                  
                                                                                                                                
2:10:26 PM                                                                                                                    
                                                                                                                                
MS.  BROWN emphasized  the Network's  expertise,  citing her  own                                                               
background in  both law  enforcement and  medicine as  an example                                                               
and  mentioning  the  varying backgrounds  of  other  staff;  she                                                               
highlighted their desire  to be at the governor's  service and to                                                               
provide  a   screening  process  for  potential   candidates  for                                                               
membership.                                                                                                                     
                                                                                                                                
2:12:39 PM                                                                                                                    
                                                                                                                                
MS. BROWN  remarked that the  criteria for public members  in the                                                               
amendments were  put forth to  ensure a broad  perspective within                                                               
the  Council.   Expressing  reservations about  the exclusion  of                                                               
state workers from serving as  public members on the Council, she                                                               
offered to work with anyone on that part of the amendment.                                                                      
                                                                                                                                
SENATOR OLSON arrived at 2:14:53 PM.                                                                                          
                                                                                                                                
SENATOR  OLSON asked  Ms. Brown  to  relate her  position on  the                                                               
proposed amendments.                                                                                                            
                                                                                                                                
MS. BROWN replied  that the Network should remain  at the service                                                               
of   the  governor   in  making   recommendations  of   potential                                                               
appointees, and  that the  director of the  Network should  be an                                                               
ex-officio member of the Council.   She supported the designation                                                               
of a rural  public-member seat on the Council, as  well as a seat                                                               
for a  survivor of  domestic violence or  sexual assault,  or the                                                               
advocate of such a survivor.                                                                                                    
                                                                                                                                
SENATOR OLSON  asked her position  on the amendment that  has two                                                               
public members, one a survivor and one an expert in the field.                                                                  
                                                                                                                                
MS. BROWN replied that she supports the amendment.                                                                              
                                                                                                                                
2:18:26 PM                                                                                                                    
                                                                                                                                
BARBARA MASON,  Executive Director, Council on  Domestic Violence                                                               
and Sexual  Assault, Department of  Public Safety,  reported that                                                               
she'd  contacted  all  Council  members  and  that  much  of  her                                                               
testimony  would be  a synopsis  of  their comments.   The  first                                                               
question almost  every member  had asked was  the purpose  of the                                                               
amendment and  the situation  it was  trying to  fix.   Most were                                                               
also  concerned about  whether the  bill  would create  problems.                                                               
For  example,  it would  remove  from  consideration over  14,000                                                               
public  employees that  are Alaskan  residents with  expertise in                                                               
the field  of sexual  assault and domestic  violence.   There are                                                               
some  inconsistencies   with  the  public-employment   pieces  in                                                               
differentiating   between   government    employees   among   the                                                               
municipalities, boroughs,  cities, tribal entities and  so forth,                                                               
Ms.  Mason  said, which  asks  the  question of  defining  "state                                                               
employee."                                                                                                                      
                                                                                                                                
She said the Council supports  extending the sunset audit to 2014                                                               
and doesn't  oppose having one  public member from  rural Alaska.                                                               
However, the Council is concerned  about the exclusion of members                                                               
from communities  on the Alaska  Marine Highway and asks  to keep                                                               
that option open.   The Council opposes  restricting the election                                                               
of the other two public members  for several reasons, such as how                                                               
to define  an expert in this  field - there are  no university or                                                               
college degrees  in domestic violence  or sexual assault,  and no                                                               
standard qualifications to  identify such a person.   Many of the                                                               
current  committee   members  have  achieved   expertise  through                                                               
informal means, Ms. Mason noted.                                                                                                
                                                                                                                                
She reported that  the Council is concerned  about subsection (c)                                                               
of the amendment due to  its limitation; the Council would prefer                                                               
to  keep the  pool as  large as  it can.   The  Council does  not                                                               
support having  the executive director  of the Network as  an ex-                                                               
officio member  - the  Network is composed  of the  programs that                                                               
are funded,  and it receives grants  issued by the Council,  so a                                                               
conflict-of-interest  issue  is  the  cause  for  concern.    The                                                               
Council  is  pleased  with  its  current  relationship  with  the                                                               
Network, Ms. Mason said, and works to include their opinions.                                                                   
                                                                                                                                
2:23:55 PM                                                                                                                    
                                                                                                                                
MS.  MASON  emphasized  that  all the  meetings  are  public  and                                                               
everyone  is  more than  welcome  to  participate.   The  Council                                                               
opposes excluding  state employees as public  members, since they                                                               
often  have a  great  deal  of experience  and  expertise in  the                                                               
field.    Domestic violence  victims  receive  services from  law                                                               
enforcement    officers,   emergency    medical   people,    OCS,                                                               
prosecutors,  legal  advocates,  courts, tribal  courts,  judges,                                                               
housing  authorities,  batterers' programs,  treatment  programs,                                                               
and so forth.  A number  of people working for these agencies are                                                               
government employees.                                                                                                           
                                                                                                                                
2:25:55 PM                                                                                                                    
                                                                                                                                
SENATOR ELTON  asked why the  Council prefers to have  a majority                                                               
of state  employees, rather than  looking for  additional outside                                                               
perspective  from  the municipalities,  nonprofits  organizations                                                               
and so forth.                                                                                                                   
                                                                                                                                
MS. MASON  claimed state workers  have a unique  expertise, given                                                               
their positions within the state,  and said the Council hesitates                                                               
to limit the  positions to advocates for the victims.   She asked                                                               
where the expertise would come from when dealing with offenders.                                                                
                                                                                                                                
2:28:14 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON  explained  that his  proposed  amendment  doesn't                                                               
limit  the public  seats to  nonprofit employees  or the  medical                                                               
profession.    Instead, it  merely  prevents  the possibility  of                                                               
overrepresentation by one common category of people.                                                                            
                                                                                                                                
MS. MASON remarked that in some  ways the Council's purpose is to                                                               
address some  state government entities  that deal  with domestic                                                               
violence  issues.    He suggested  state  workers  have  valuable                                                               
insight into the operation of the aforementioned entities.                                                                      
                                                                                                                                
SENATOR ELTON  responded that  it seems stacked  in favor  of the                                                               
state, however.                                                                                                                 
                                                                                                                                
CHAIR DYSON  advised Senator  Elton that if  he wished  to modify                                                               
any of his amendments, the committee  would hear them at the next                                                               
bill hearing.  [SB 250 was held over.]                                                                                          

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