Legislature(2013 - 2014)HOUSE FINANCE 519
03/06/2014 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB124 | |
| SB71 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 71 | TELECONFERENCED | |
| + | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
March 6, 2014
8:34 a.m.
8:34:01 AM
CALL TO ORDER
Co-Chair Stoltze called the House Finance Committee meeting
to order at 8:34 a.m.
MEMBERS PRESENT
Representative Alan Austerman, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Mark Neuman, Vice-Chair
Representative Les Gara
Representative David Guttenberg
Representative Lindsey Holmes
Representative Cathy Munoz
Representative Tammie Wilson
MEMBERS ABSENT
Representative Mia Costello
Representative Bryce Edgmon
Representative Steve Thompson
ALSO PRESENT
Senator Kevin Meyer; Kris Curtis, Legislative Auditor,
Alaska Division of Legislative Audit; Lauree Morton,
Executive Director, Council on Domestic Violence and Sexual
Assault, Department of Public Safety; Kelly Howell, Special
Assistant, Department of Public Safety; Ms. Caren Robinson,
Alaska Women's Lobby; Senator Peter Micciche; Ms. Anna Kim,
Department of Revenue Tax Division.
PRESENT VIA TELECONFERENCE
Johanna Bales, Deputy Director, Tax Division, Department of
Revenue.
SUMMARY
CSSB 71 (FIN)
PAYMENT OF FISHERY RESOURCE LANDING TAX
CSSB 71 was HEARD and HELD in committee for
further consideration.
SB 124 EXTENDING COUNCIL ON DOMESTIC VIOLENCE
SB 124 was REPORTED out of committee with a "do
pass" recommendation and with one previously
published fiscal note: FN1 (DPS).
SENATE BILL NO. 124
"An Act extending the termination date of the Council
on Domestic Violence and Sexual Assault; and providing
for an effective date."
8:34:48 AM
SENATOR KEVIN MEYER testified on SB 124; an extension bill
for the Council of Domestic Violence and Sexual Assault. He
informed the committee that he spent time on the Stand
Together Against Rape (STAR) Board. He thanked
Representative Holmes for carrying the companion bill on
the House side. He stated that the mission of the council
was to provide safety for Alaskans victimized or impacted
by domestic violence and sexual assault. The council was
responsible for ensuring a system-wide crisis intervention
services. The council works in the public interest by
awarding and administrating grants to the various community
organizations. Services were also provided for the domestic
violence and sexual assault victims. He spoke about
batterer's intervention services to domestic violence
perpetrators along with crisis intervention and prevention
services.
Senator Meyer explained that the Division of Legislative
Audit completed a sunset review on May 21, 2013. The
division's recommendation was to extend for an additional
eight years.
Co-Chair Stoltze explained that Kris Curtis, Legislative
Auditor, Alaska Division of Legislative Audit would present
the audit recommendations.
Senator Meyer pointed out the audit's three
recommendations. The council took appropriate measures to
address all three recommendations. He highlighted the
council's importance to the state. He requested the
committee's support for the extension.
Co-Chair Stoltze acknowledged that the Senate bill had 19
co-sponsors.
8:37:20 AM
Representative Gara complimented the senator on his
presentation of the bill. He wished to cross-sponsor the
legislation.
Senator Meyer replied that cross-sponsoring the bill was an
available option for House members.
Co-Chair Stoltze had cross-sponsored the legislation.
Senator Meyer appreciated the support.
8:38:30 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, discussed the sunset audit pertaining to
the council, "Summary of: A Sunset Review on the Department
of Public Safety, Council on Domestic violence and Sexual
Assault, May 21, 2013 (copy on file)." She noted that the
purpose of the audit was to determine whether the council
was serving the public's interest and whether the
termination date should be extended. The report provided a
summary of the council's organization and function as well
as a description of funding sources. The audit concluded
that the council was serving the public's interest by
funding and monitoring Alaskan domestic violence and sexual
assault response programs and prevention activities.
Additionally, the division found that the council was
effectively serving as essential coordinator for related
services throughout Alaska. The division recommended that
the termination date be extended the maximum 8 years
provided for in statute.
Ms. Cutis noted that the report included information about
the council's expenditures and funding. She pointed out
page 16 of the audit revealing that funding and
expenditures for the council had increased from FY 09
through FY 12. The increases were the result of the FY 12
addition of a prevention coordinator, reduction in staff
vacancies, increased funding through the governor's Choose
Respect initiative and the additional focus on domestic
violence and sexual assault prevention. The audit
identified three areas for operational improvements
addressed on page 11 in the findings and recommendations
section.
8:40:17 AM
Ms. Curtis pointed out the first recommendation was a
continuation of prior finding identified by the division in
the 2005 sunset audit report. The recommendation encouraged
improvement between the council, the Department of
Education and Early Development and Department of Health
and Social Services. The current audit determined that the
council had significantly improved coordination between
themselves and the Department of Education and Early
Development. The council did not coordinate with the
Department of Health and Social Services to develop
standards and procedures. She stated that general standards
and procedures for health care providers and facilities
delivering services to domestic violence victims were
developed over 10 years ago, however the council and the
department did not coordinate regarding continued delivery
and availability of the standards. The recommendation was
an improvement in the coordination process.
Ms. Curtis pointed out the second and third recommendations
beginning on page 13 of the audit. Both recommendations
were administrative in nature. The second recommendation
included improvement procedures for the timely posting of
public notices by the council's executive director. She
stated that the council lacked formal procedures to guide
their posting; 23 percent of meetings were not posted
during the audit period and 59 percent were not posted
timely. The third recommendation included improvement of
grant award in monitoring policies and procedures. The
council did have internal controls in place to award funds
to grantees and monitor their performance. The internal
controls were not used consistently during the audit period
due to staff turnover and a lack of procedures. The council
did agree with all three recommendations.
8:41:57 AM
Representative Wilson pointed out that the audit report was
incomplete in the member's packets. She noticed the federal
matching funds. She asked for documentation regarding all
funding for the council.
8:42:35 AM
Ms. Curtis explained that page 16 provided a complete
analysis of the funding including federal, interagency,
PFD's for incarcerated individuals and general funds.
Representative Wilson asked if the council was required to
account for private funding.
Ms. Curtis replied that the audit determined that federal
and general funds were the primary sources. She recommended
asking the council's executive director.
Co-Chair Stoltze stated that the council's executive
director and staff from the Department of Public Safety
would testify on the legislation.
8:44:26 AM
LAUREE MORTON, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, DEPARTMENT OF PUBLIC SAFETY,
appreciated the hearing.
KELLY HOWELL, SPECIAL ASSISTANT, DEPARTMENT OF PUBLIC
SAFETY introduced herself.
Ms. Morton informed the committee that the programs served
9330 program participants with approximately 75 percent
seeking services for domestic violence. She noted that 20
percent of program participants sought services for sexual
assault, 30 percent for stalking and approximately 13
percent for other violent crimes. She pointed out that
people often experience more than one of these types of
crimes. She stated that 68 percent of participants were
adults, 28 percent were children, 79 percent were women and
17 percent were men. She highlighted the 3000 volunteers
that provided over 78,000 hours of service. She noted that
approximately 200 employees staffed the 20 programs funded
by the council with 418 beds available.
Ms. Morton noted that the council provided funding for
rehabilitation services for perpetrators of domestic
violence. She stated that 84 people completed the program.
A best practices manual and a revision of regulations would
further improve the diversity of services. She mentioned
the Alaska victimization survey. She discussed the
coordination of several different intervention activities,
training, and coordination with the Office of Children's
services and training with first responders.
8:47:59 AM
Representative Gara asked about the interplay between the
council and shelters operating beyond their capacity.
Ms. Morton understood the problem of bed shortages in
shelters throughout the state. She believed that a capital
request was submitted with a combination of state funds and
funds from the Rasmussen foundation to explore an expansion
of bed capacity in Alaska.
Representative Gara asked about a shelter than was over
capacity. He asked if a shelter would accept a beneficiary
if they were over-capacity.
Ms. Morton replied that when beds and spaces were not
available in the facilities, other accommodations were made
in safe homes or hotels.
8:50:47 AM
Representative Wilson asked how much money was coming in.
She asked about duplicates provided in the statistics
mentioned by Ms. Morton.
Ms. Morton replied that the count included unduplicated
numbers. She explained that the council required grantees
to provide a 15 percent match to state funds granted. She
mentioned two federal funding sources; The Family Violence
Prevention and Services Act and The Victims of Crime Act
that both required a 20 percent match for grantee funds.
The council funded between 30 to 85 percent of the total
budgets. Programs in communities did receive money from
private foundations, fundraising and federal grants. She
explained that the council funds comprised less than 50
percent of the total budget for 10 programs.
8:52:22 AM
Representative Wilson wished to understand the available
federal funding.
8:52:41 AM
Vice-Chair Neuman discussed the $1.4 million moved to
Department of Public Safety from the Department of Health
and Social Services for domestic violence and sexual
assault. He asked Commissioner Streur multiple times about
the money used by the Department of Health and Social
Services. He pointed out the audit and the council's
coordination with the Department of Health and Social
Services. He asked Ms. Morton to tell him how the $1.4
million was used by the Department of Health and Social
Services.
Ms. Morton replied that the $1.4 million was detailed in a
reimbursable services agreement from the office of the
governor to the Division of Behavioral Health for four-year
pilot projects. She believed that the difficulty in
obtaining information existed with the Division of
Behavioral Health. The transfer was requested because the
pilot projects would be completed on June 30th, 2014. She
noted that the provision of the primary prevention
strategies and goals could be better utilized through the
services of the council's primary strategies. She noted the
intention of winding the pilot projects down, with the view
toward continuing some.
Ms. Morton continued that money for the unsuccessful pilot
projects would be granted to communities ready to engage in
primary prevention strategies. She stated that the funding
source was one-time only. She expected an improved
awareness about sexual assault and domestic violence in the
participating communities. The council hoped for a
decreased acceptance of violence and improved community
sanctions as a result of the funding. She mentioned the
council's contract with a group of evaluation teams that
were working to provide a comprehensive evaluation of
primary prevention strategies, utilizing the $1.4 million.
8:57:24 AM
Vice-Chair Neuman discussed concerns with the one-time
funding expenditures. He noted statistics quoting that sex
offenders averaged 110 victims and 318 offenses before they
were caught. He stated that sex offenders went undetected
for an average of 16 years before they were caught. He
questioned the efficacy of one-time funding.
8:57:59 AM
Representative Holmes stated that she served on a
legislative task force in 2006, following a prior audit.
The task force presented 26 recommendations; most of them
had been implemented. She sought additional information
about the batterer's intervention program. She asked for
information about the council's action regarding the audit
findings. She mentioned that the council signed a
memorandum of agreement with the Department of Corrections
to be the responsible entity for revising the regulations
for the batterer's intervention program. She pointed out
two stakeholder groups that were meeting to address
regulation revision and best practices. She mentioned an
expansion of materials and understanding available in the
last 30 years. She noted that the council hosted quarterly
meetings on February 26th and 27th to review a draft of
regulations agreed upon thus far. The council hoped to
present a draft for the public proofing process in May
2104. The council hoped to operate under new regulations by
2016.
9:00:54 AM
Co-Chair Stoltze found the Batterer Intervention Programs
(BIPs) acronym offensive.
Representative Holmes agreed.
Ms. Morton concurred.
9:01:34 AM
Ms. Morton discussed the audit recommendation related to
public notices, which was addressed by the council with a
written protocol. She stated that the council designated
their meeting dates for the upcoming fiscal year. The dates
were listed on the council's website. She spoke about the
improvement of the evaluation and grant processes. She
instituted a policy where coordinators met once a quarter
to evaluate files. She mentioned that work with the
Department of Health and Social Services was specific to a
statutory requirement to implement policies and procedures
for healthcare facilities and how to work with victims of
domestic violence. The council's responsibility was to
consult with the department during the process. She met
with Commissioner Streur and planned to consult further
about updating policies and procedures.
9:03:41 AM
Representative Guttenberg appreciated Ms. Morton's historic
perspective. He asked how the council measured success.
Ms. Morton replied that she viewed individual success
stories when evaluating the council's performance. The
council bore witness to survivors and held the stories of
people trapped in criminal activities. She spoke about a
safety plan and the ability to access resources. She
discussed various supports available including an
understanding of the judicial system. She stated that if
legal representation was accessed, women felt safer. She
stated that people learned skills that allowed for
increased safety and support. The council provided safety
and services. She agreed that batterers and sex offenders
existed in the world, but she hoped to move toward a place
of zero-acceptance of the crimes.
9:07:36 AM
Ms. Morton pointed out $157 thousand designated for a
public awareness prevention campaign with recognition of
the benefits of prevention. She believed that the state was
experiencing a greater willingness to discuss the issues
because Alaskan's were better informed about the problems.
Ms. Howl stated that she was the department's designee on
the council. She replied that the Department of Public
Safety and the Alaska state troopers attacked the problem
through training. She stated that a training coordinator
organized training throughout the state for troopers and
Village Public Safety Officers (VPSO). She stated that the
training was provided at the public safety training academy
and through local and regional trainings throughout Alaska.
The training pertains to laws and notification of victim's
rights. She discussed the measuring of success by the
victimization survey performed by the University of Alaska
Anchorage in conjunction with the council. Victims were
encouraged to seek assistance by contacting law enforcement
and accessing victim service programs. The department
expected the number of incidents to increase with the
state's awareness leading to greater reporting of the
crimes.
Co-Chair Stoltze appreciated the Choose Respect program. He
pointed out that he purchased 75 t-shirts for young
athletes in Palmer. He talked to the children and their
parents about the message of respect. He believed that
battles were won by influencing the youth.
9:13:05 AM
Representative Munoz mentioned the 17 percent of men
seeking service from the council. She wished for
elaboration.
Ms. Morton replied that adult males sought services for
domestic violence, sexual assault and stalking.
Representative Munoz asked if male victims received the
same level of service as females.
Ms. Morton replied yes, but safe shelter was more difficult
to obtain for males.
9:14:12 AM
Co-Chair Stoltze asked about the male victims.
Ms. Morton did not have details.
Co-Chair Stoltze expressed curiosity.
MS. CAREN ROBINSON, ALASKA WOMEN'S LOBBY, testified in
support of the bill and the council.
The Mission of the lobby is to defend and advance the
rights and needs of women, children and families in
Alaska. We strongly support extending the Council on
Domestic Violence and Sexual Assault. Many of the
Lobby's steering committee members sat at the original
table when we created the council. It would have not
been possible without the backing of Governor Hammond,
Lt. Governor Terry Miller, and the commissioner of
Public Safety, Commissioner Nicks. Also the support of
former legislators Hugh Malone, Bill Miles, Russ
Meekins, Sam Cotton, Nilo Kopena, Arliss Stugulos, and
in the later years Rick Halford and Fran Ulmer. Today
with the support of Governor Parnell, the council
members, and most important with the leadership of
Lauree Morton you have vibrant council and staff. This
should give you comfort. I think most of us have the
same vision when it comes to domestic violence and
sexual assault and that vision is stopping it. We've
come a long way, but it's taken a long time and we
have a ways to go. For a little perspective: In the
beginning there were no programs, no staff, and no
money. Very few people even understood or cared about
the complex problems of violence against women.
Neither police nor medical providers had the training
or understanding to respond effectively to sexual
assault. We didn't have a 911 emergency system or even
a 411 option. In 1980, the first National Conference
on Domestic Violence was held in Washington DC.
Finally, an issue that had haunted women and kept in
the shadows forever was in the spotlight. Alaska from
the start was unique. Shelter programs successfully
worked to secure state funding for five regional
shelters. We believed, it was important to have
regional shelters that rural woman and children
deserved safety as much as their urban counterparts.
We insisted that a new statewide Council on Domestic
Violence and Sexual Assault be under the Department of
Public Safety and that batterers be arrested like any
other violent person. This put Alaska years ahead of
the nation in recognizing that women victims are not
sick and in need of mental health treatment. They are
victims needing medical assistance and police support,
just like any other crime victim. We offered all
victim services for women and children under one
umbrella. We learned that battered women often are
marital rape victims or incest survivors and that some
children in violent homes are victims of physical or
sexual abuse as well. We recognized that it is
critical to have offender treatment services for men
and that stopping domestic and sexual violence begins
with education. But today, with a big thanks for the
continued efforts of folds at the State council and
this legislative body, physicians today routinely ask
patients if they are safe at home, teachers are
required to report suspected abuse, children learn
early on about the difference between good touch and
bad touch and reports domestic violence result in
arrest. Offenders are licked up, shelters exist
throughout Alaska and the nation and women are telling
their stories. The governor, legislators, law
enforcement, schools and health providers have
responded Victims in Alaska are no longer alone. Thank
you for supporting the council on Domestic Violence
and Sexual Assault.
9:19:42 AM
Co-Chair Stoltze CLOSED public testimony. He discussed the
fiscal note which showed a continued annual operating
budget expenditure of $17,762,000, with $3.7 million in
federal receipts.
Representative Holmes MOVED to REPORT SB 124 out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
SB 124 was REPORTED out of committee with a "do pass"
recommendation and with one previously published fiscal
note: FN1 (DPS).
CS FOR SENATE BILL NO. 71(FIN)
"An Act relating to the fishery resource landing tax."
9:22:35 AM
SENATOR PETER MICCICHE, testified in support of CSSB 71
(FIN). He presented a portion of his sponsor statement.
SB 71 is a bill important to commercial fishing
families throughout Alaska. It has been introduced to
repair glitches in the landing resource tax statutes
and regulations that require the payment of unfair
penalties and interest by well-intentioned commercial
fishermen.
Senator Micciche elaborated that the bill changed the
current timing of tax payments to align with the
publication of the corresponding statewide average fish
report. He stated that section 1 aligned the date that the
resource landing tax was due with the date that the
statewide average fish price report was released. He noted
that the report was due March 31st, but sometimes was not
published until May. The mismatch in timing resulted in
late payment fines and interest for well-intentioned
producers as well as confusion, frustration and wasted time
that could be better spent harvesting and processing fish
to increase revenue.
Senator Micciche continued with section 2, which added a
new (e) and (f) in AS 43.77.020 appearing in section 3. The
current statute included provisions for 4 equal payments,
but with the seasonal nature of many fisheries with
variability of harvest, it was impossible for resource
landing taxpayers to predict their full-year's harvest for
equal payments. He noted that many fishermen operated in
only one of four quarters per year. He explained that
section 3 provided three different methods to make
estimated quarterly payments. A new subsection (f) required
the taxpayer to notify the department by March 31st of each
year the payment they choose.
9:25:11 AM
Senator Micciche noted that if a taxpayer failed to select
a payment method, the department would help them apply the
method with the lowest tax liability. He stated that the
bill provided a fair and equitable tax system by aligning
the date of the tax with the report. He pointed out the
various supporters of the bill. The legislation was
designed to bring efficiencies to both fishermen and the
department.
9:26:21 AM
Vice-Chair Neuman asked about the penalties or late fees.
He discussed the tax collected from factory trawlers and
floating processors. He mentioned different issues
affecting the fisheries. He was involved in discussions
with the Department of Revenue and Legislative Legal
regarding the use of penalty fees.
9:27:42 AM
Senator Micciche did not think that SB 71 was the right
bill for intercept issues. He understood the need for
fairness. He was willing to discuss the issues with Vice-
Chair Neuman.
Representative Munoz asked about the issue of cost recovery
comparing a flat rate to a percentage.
Senator Micciche considered the issue and considered an
amendment. He wished for the best bill for fishing families
in Alaska.
9:29:16 AM
MS. ANNA KIM, DEPARTMENT OF REVENUE TAX DIVISION, believed
that the senator captured the sentiment of the legislation.
She stated that the administration supported the
legislation.
9:30:50 AM
JOHANNA BALES, DEPUTY DIRECTOR, TAX DIVISION, DEPARTMENT OF
REVENUE (via teleconference), agreed that the
administration supported the legislation. She noted that
tax returns were due on April 1st of each year and
taxpayers were required to calculate the tax owed based on
statewide average prices published by the Department of
Fish and Game and the Department of Revenue. She stated
that it was impossible for fishermen to calculate the tax
by April 1st.
Co-Chair Stoltze CLOSED public testimony.
SB 71 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
9:33:24 AM
The meeting was adjourned at 9:33 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS SB 71 FIN Sponsor Statement.pdf |
HFIN 3/6/2014 8:30:00 AM |
SB 71 |
| SB 71 changes from original bill to CS.pdf |
HFIN 3/6/2014 8:30:00 AM |
SB 71 |
| SB 71 Letters in Support.PDF |
HFIN 3/6/2014 8:30:00 AM |
SB 71 |
| SB 124 DPS Council on Domestic Violence and Sexual Assault Audit 2013.pdf |
HFIN 3/6/2014 8:30:00 AM |
SB 124 |
| SB 124 Sponsor Statement.pdf |
HFIN 3/6/2014 8:30:00 AM |
SB 124 |
| SB 124 Support.pdf |
HFIN 3/6/2014 8:30:00 AM |
SB 124 |