Legislature(2011 - 2012)HOUSE FINANCE 519

02/23/2012 01:30 PM FINANCE


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Audio Topic
01:41:07 PM Start
01:50:07 PM HB125
02:22:23 PM SB23
02:33:38 PM Presentation: Domestic Violence & Sexual Assault Programs Update.
04:29:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Update: Domestic Violence & Sexual Assault TELECONFERENCED
Programs
+ HB 224 SALES OF NICOTINE PRODUCTS TO MINOR TELECONFERENCED
Scheduled But Not Heard
+= SB 23 FILM PRODUCTION TAX CREDIT/AUDITS TELECONFERENCED
Heard & Held; Assigned to Subcommittee
- Bring up adoption of HCS(L&C) & hold for
future public testimony & hearings
+ SB 30 RETURN OF SEIZED PROPERTY TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 125 ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Moved CSHB 125(L&C) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 23, 2012                                                                                          
                         1:41 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:41:07 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the  House Finance Committee meeting                                                                    
to order at 1:41 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Kate  Burkhart,   Executive  Director,  Advisory   Board  on                                                                    
Alcoholism and  Drug Abuse, Department of  Health and Social                                                                    
Services;  Shirley   Gifford,  Director,   Alcohol  Beverage                                                                    
Control Board,  Department of Public  Safety; Representative                                                                    
Mike  Hawker, Sponsor;  Senator Johnny  Ellis, Sponsor;  Joe                                                                    
Masters, Commissioner, Department  of Public Safety; Michael                                                                    
Geraghty, Attorney General, Department  of Law; Andre Rosay,                                                                    
Director,   UAA  Justice   Center,   University  of   Alaska                                                                    
Anchorage   Justice   Center;   Lauree   Morton,   Executive                                                                    
Director, Council  on Domestic Violence and  Sexual Assault,                                                                    
Department of  Public Safety; Michael  Hanley, Commissioner,                                                                    
Department of Education and  Early Development; Bill Streur,                                                                    
Commissioner,  Department  of  Health and  Social  Services;                                                                    
Richard   Svobodny,   Deputy  Attorney   General,   Criminal                                                                    
Division,  Department  of  Law; Joe  Schmidt,  Commissioner,                                                                    
Department of Corrections.                                                                                                      
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Crystal Schoenrock, Business Owner, Nikiski; Anna Sappah,                                                                       
Executive    Director,   Alaska    Addiction   Professionals                                                                    
Association; David Lambert, Self, Fairbanks.                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
Presentation:                                                                                                                   
          DOMESTIC VIOLENCE & SEXUAL ASSAULT PROGRAMS                                                                           
          UPDATE                                                                                                                
                                                                                                                                
HB 125    ALCOHOLIC BEVERAGE CONTROL BOARD                                                                                      
                                                                                                                                
          CSHB 125(L&C)  was REPORTED out of  committee with                                                                    
          "no  recommendation" and  with  one fiscal  impact                                                                    
          note and one zero  fiscal note from the Department                                                                    
          of Commerce, Community and Economic Development.                                                                      
                                                                                                                                
HB 224    SALES OF NICOTINE PRODUCTS TO MINOR                                                                                   
                                                                                                                                
          HB 224 was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
CSSB 23(FIN)                                                                                                                    
          FILM PRODUCTION TAX CREDIT/AUDITS                                                                                     
                                                                                                                                
          CSSB 23(FIN) was HEARD and  HELD and referred to a                                                                    
          subcommittee    consisting    of    Representative                                                                    
          Costello  (Chair), Representative  Fairclough, and                                                                    
          Representative Guttenberg.                                                                                            
                                                                                                                                
CSHB 30(2d JUD)                                                                                                                 
          RETURN OF SEIZED PROPERTY                                                                                             
                                                                                                                                
          CSHB 30(2d JUD) was SCHEDULED but not HEARD.                                                                          
                                                                                                                                
HOUSE BILL NO. 125                                                                                                            
                                                                                                                                
     "An Act moving the  Alcoholic Beverage Control Board to                                                                    
     the  Department of  Commerce,  Community, and  Economic                                                                    
     Development and relating to  duties of that department;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
CRYSTAL   SCHOENROCK,    BUSINESS   OWNER,    NIKISKI   (via                                                                    
teleconference),  testified in  support of  the legislation.                                                                    
She  thought the  Alcohol Beverage  Control (ABC)  Board was                                                                    
putting  the  onus  on  the state  troopers  and  police  to                                                                    
monitor local  bars in her  area. She  expressed frustration                                                                    
that  two troopers  had come  to  her bar  recently and  had                                                                    
notified the  bartender to close  because she was  without a                                                                    
Techniques of  Alcohol Management  (TAM) card;  the troopers                                                                    
had not known that employees  were allowed 30 days to obtain                                                                    
the  card.   She  believed   the  Department   of  Commerce,                                                                    
Community  and  Economic  Development (DCCED)  would  handle                                                                    
licensing  better than  Department of  Public Safety  (DPS).                                                                    
She  stressed   that  the  board   needed  to   educate  law                                                                    
enforcement  about  their  responsibilities related  to  the                                                                    
issue.                                                                                                                          
                                                                                                                                
Representative  Gara asked  for detail  on rules  related to                                                                    
obtaining   a  TAM   card.  Ms.   Schoenrock  replied   that                                                                    
bartenders had  30 days  from their date  of hire  to obtain                                                                    
the card.                                                                                                                       
                                                                                                                                
Representative Gara  wondered why the trooper's  mistake was                                                                    
the fault of  the ABC Board. Ms. Schoenrock  did not believe                                                                    
the mistake had  been the board's fault, but  that the board                                                                    
needed to educate troopers on ABC Board regulations.                                                                            
                                                                                                                                
ANNA   SAPPAH,   EXECUTIVE    DIRECTOR,   ALASKA   ADDICTION                                                                    
PROFESSIONALS  ASSOCIATION  (via teleconference),  vocalized                                                                    
opposition  to  the  legislation; the  association  did  not                                                                    
believe that  the move  would benefit  the public  or state.                                                                    
She  relayed that  the board's  focus on  public safety  and                                                                    
enforcement  had  reduced  youth alcohol  consumption  since                                                                    
1995.  She  noted  the negative  repercussions  of  underage                                                                    
drinking.  She stressed  that enforcement  programs had  the                                                                    
power to save lives. She  believed moving the board from DPS                                                                    
to  DCCED  would  interrupt or  reduce  current  enforcement                                                                    
efforts.                                                                                                                        
                                                                                                                                
1:50:07 PM                                                                                                                    
                                                                                                                                
KATE  BURKHART,   EXECUTIVE  DIRECTOR,  ADVISORY   BOARD  ON                                                                    
ALCOHOLISM AND DRUG ABUSE (ABADA),  DEPARTMENT OF HEALTH AND                                                                    
SOCIAL   SERVICES,  spoke   against  the   legislation.  She                                                                    
emphasized that  the 88 percent  compliance rate was  due to                                                                    
the effectiveness  of the  ABC Board  and the  industry. The                                                                    
continued   decrease  in   underage  drinking   reports  was                                                                    
currently lower  than the  national average  and was  due to                                                                    
the hard  work of the prevention  partners, communities, ABC                                                                    
Board, and  industry. She  discussed less  positive outcomes                                                                    
in other states. The ABADA  was concerned that gains towards                                                                    
reducing underage  drinking could be  lost if the  ABC Board                                                                    
was moved to DCCED. The  advisory board was concerned that a                                                                    
transition plan  had not been  made public  including, where                                                                    
the ABC  Board would  reside and  how the  licensing support                                                                    
would be  provided. States that  did not have the  ABC Board                                                                    
under a  law enforcement  agency had less  positive outcomes                                                                    
related   to   underage   drinking   and   alcohol   related                                                                    
fatalities.  She   emphasized  the  ABADA's   concern  about                                                                    
potential unintended consequences.                                                                                              
                                                                                                                                
1:52:26 PM                                                                                                                  
                                                                                                                              
SHIRLEY GIFFORD,  DIRECTOR, ALCOHOL BEVERAGE  CONTROL BOARD,                                                                    
DEPARTMENT  OF PUBLIC  SAFETY, vocalized  opposition to  the                                                                    
bill. The ABC  Board had been working hard to  adhere to its                                                                    
audit recommendations. She invited  the committee members to                                                                    
ride  along with  board  investigators  on their  compliance                                                                    
checks.  She believed  much of  the  industry testimony  had                                                                    
been based  on anecdotal information and  noted that stories                                                                    
always had two  sides. Compliance checks had  been going and                                                                    
had increased  from 700 to 804  in FY 10 to  FY 11. Industry                                                                    
had  also  increased  its  compliance  from  an  85  percent                                                                    
success rate  in FY 10 to  an 88 percent success  rate in FY                                                                    
11.  She   stressed  that  compliance  checks   resulted  in                                                                    
compliance.                                                                                                                     
                                                                                                                                
Ms. Gifford relayed that Jeff  Jessee with the Alaska Mental                                                                    
Health  Trust  Authority,  Diane Casto  from  Department  of                                                                    
Health and  Social Services, Dr. Rivera  from the University                                                                    
of  Alaska,   and  board  members  would   meet  to  address                                                                    
recommendations   on  underage   drinking   included  in   a                                                                    
University  of  Alaska  Anchorage report.  She  communicated                                                                    
that the  board worked  with licensees on  a daily  basis to                                                                    
help them succeed. She discussed  that the ABC Board trained                                                                    
law  enforcement  and  licensees and  their  employees.  She                                                                    
pointed  to reports  that underage  drinking  in Alaska  was                                                                    
lower than the national average  and believed that the board                                                                    
had been  doing a  good job. She  opined that  the increased                                                                    
compliance checks had added to the success rate.                                                                                
                                                                                                                                
1:56:55 PM                                                                                                                    
                                                                                                                                
Vice-chair   Fairclough  asked   whether   there  were   two                                                                    
enforcement officers.  Ms. Gifford  replied that  there were                                                                    
four state  investigators: one in Juneau,  one in Fairbanks,                                                                    
and two in  Anchorage. One of the investigators  was a full-                                                                    
time  compliance  officer  and  was funded  by  an  underage                                                                    
drinking enforcement grant through  the Department of Health                                                                    
and Social Services.                                                                                                            
                                                                                                                                
Vice-chair  Fairclough referred  to a  complaint related  to                                                                    
aggressive     compliance     enforcement    in     business                                                                    
establishments. She  wondered how many complaints  there had                                                                    
been  and whether  there was  a staffing  issue that  caused                                                                    
some of the issues.                                                                                                             
                                                                                                                                
Ms. Gifford replied  that she had received  the first formal                                                                    
complaint  two days  earlier. There  had  been instances  in                                                                    
which   the  Cabaret,   Hotel,   Restaurant  and   Retailers                                                                    
Association  (CHARR)  had  asked  questions  about  specific                                                                    
occurrences that she had followed  up on. She explained that                                                                    
the  group  had  been  satisfied with  the  information  she                                                                    
provided.                                                                                                                       
                                                                                                                                
Vice-chair Fairclough believed  the formal complaint related                                                                    
to  the  Eagle River  area.  Ms.  Gifford responded  in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Representative  Neuman asked  how  the move  to DCCED  would                                                                    
change the  ABC Board's  enabling language. Ms.  Gifford did                                                                    
not believe  a change  would occur. She  added that  she had                                                                    
not  received  any direction  from  the  department on  what                                                                    
would change.                                                                                                                   
                                                                                                                                
Representative   Neuman   wondered   whether   the   board's                                                                    
enforcement authority would change  under DCCED. Ms. Gifford                                                                    
believed  the   board's  enforcement  authority   would  not                                                                    
change, but could not be certain.                                                                                               
                                                                                                                                
Representative Neuman wondered  what oversight DPS currently                                                                    
had over the  ABC Board. Ms. Gifford replied  that the board                                                                    
was housed  under DPS for administrative  purposes only; the                                                                    
department   provided  computer   support,  personnel,   and                                                                    
resources, but  her position  answered to  the ABC  board of                                                                    
directors.  She did  not expect  the oversight  would change                                                                    
under DCCED.                                                                                                                    
                                                                                                                                
Co-Chair  Thomas   referred  to  prior  testimony   from  an                                                                    
individual  who had  acted on  a  decision made  by the  ABC                                                                    
Board related  to a  brewery license.  He wondered  what the                                                                    
final outcome had been.                                                                                                         
                                                                                                                                
Ms. Gifford  replied that  the issue  had been  discussed at                                                                    
the  recent board  of directors  meeting;  she believed  the                                                                    
board was on the road  to rectifying the issue. The business                                                                    
had not been shut down and  the board was continuing work to                                                                    
come up with a solution.                                                                                                        
                                                                                                                                
2:01:20 PM                                                                                                                    
                                                                                                                                
Co-Chair  Thomas  wondered  whether there  was  an  employee                                                                    
responsible for reappropriation of  liquor licenses from one                                                                    
location to another. He referred  to a Skagway case in which                                                                    
a  license had  not been  done  in accordance  with the  ABC                                                                    
Board's  policies. Ms.  Gifford  was not  familiar with  the                                                                    
case.                                                                                                                           
                                                                                                                                
Co-Chair Thomas  explained that issue related  to a pizzeria                                                                    
that  wanted to  move  a  license closer  to  a cruise  ship                                                                    
location  in  the  downtown area.  The  business  owner  had                                                                    
fought  ABC board  decisions. Ms.  Gifford replied  that the                                                                    
licensee  had   requested  a   duplicate  license   for  her                                                                    
establishment, but she had not received one.                                                                                    
                                                                                                                                
Co-Chair  Thomas  asked  whether  there  was  an  ABC  agent                                                                    
assigned to oversee the process.  Ms. Gifford responded that                                                                    
there was a licensing unit  that included one supervisor and                                                                    
two   business  registration   examiners.  Applicants   were                                                                    
assigned to one  of the two examiners when  they applied for                                                                    
a license.  She clarified that  the license in  question had                                                                    
gone through  the proper process  and had not  been approved                                                                    
by the board.                                                                                                                   
                                                                                                                                
2:04:15 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  why  ABC boards  housed in  non-                                                                    
public  safety   departments  were  not  as   successful  at                                                                    
reducing  underage drinking.  Ms. Gifford  did not  have the                                                                    
statistical information.  She believed  the majority  of ABC                                                                    
boards  throughout  the  country were  housed  under  public                                                                    
safety or  revenue departments and several  were stand-alone                                                                    
agencies.                                                                                                                       
                                                                                                                                
DAVID   LAMBERT,  SELF,   FAIRBANKS  (via   teleconference),                                                                    
supported the bill.  He opined that the  legislation was not                                                                    
anti-alcohol and  was a bill  designed to put the  ABC Board                                                                    
under  the appropriate  department. He  explained that  end-                                                                    
users needed  education, which would help  with enforcement.                                                                    
He  stressed  that  the  bill did  not  change  the  board's                                                                    
enforcement  power.  He  emphasized   that  the  bill  would                                                                    
provide  training  and  industry   support  and  would  help                                                                    
people.                                                                                                                         
                                                                                                                                
Co-Chair Stoltze  CLOSED public testimony. He  discussed the                                                                    
sunset  fiscal   note  that  reflected  the   costs  of  the                                                                    
department.                                                                                                                     
                                                                                                                                
Co-Chair  Thomas  MOVED  to  report  CSHB  125(L&C)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Representative Gara  OBJECTED for discussion. He  noted that                                                                    
substance  abuse  agencies  had  a  legitimate  perspective,                                                                    
which aimed at the reduction  of alcohol abuse in the state.                                                                    
He discussed  the need  to weigh how  the bill  would impact                                                                    
the board and  to determine what would  maximize the board's                                                                    
ability to enforce the laws  to reduce underage drinking and                                                                    
to  increase compliance.  He hoped  DCCED  would not  divert                                                                    
money towards the promotion of  the state's alcohol industry                                                                    
if the bill passed.                                                                                                             
                                                                                                                                
Co-Chair Stoltze  discussed that the fiscal  notes reflected                                                                    
that the  board would be funded  the same under DCCED  as it                                                                    
had been under DPS.                                                                                                             
                                                                                                                                
2:10:39 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:12:58 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative   Gara  WITHDREW   his  OBJECTION.   Co-Chair                                                                    
Stoltze MAINTAINED the OBJECTION for further discussion.                                                                        
                                                                                                                                
Representative   Doogan  believed   that  the   conversation                                                                    
represented "one  of the more baffling  discussions" that he                                                                    
had heard in  committee. The bill, which was  about moving a                                                                    
board  from one  agency  to another,  seemed more  innocuous                                                                    
than  it had  been perceived.  The legislature  was involved                                                                    
only  because the  law required  it; he  was not  present to                                                                    
judge the  competency of the  ABC Board. He did  not believe                                                                    
anyone  had  made  a  compelling case  for  or  against  the                                                                    
transfer of the board.                                                                                                          
                                                                                                                                
Co-Chair  Thomas  referred  to earlier  discussion  about  a                                                                    
business owner  who had been  given advice by the  ABC Board                                                                    
that it had later changed;  the owner had been challenged by                                                                    
the board  only after  investing between  $2 million  and $3                                                                    
million in  a business. He  hoped the board  would reimburse                                                                    
the owner's legal fees related to the issue.                                                                                    
                                                                                                                                
Co-Chair Stoltze  believed there  were merits on  both sides                                                                    
of  the issue.  He  explained  that the  bill  had not  been                                                                    
rushed through  and there had  been a significant  amount of                                                                    
public  debate. He  stated that  the  issue came  down to  a                                                                    
policy call.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE   HAWKER  spoke  from   his  standpoint                                                                    
chairman  of   the  House   Legislative  Budget   and  Audit                                                                    
Committee  and  explained  that  the  HB  125  was  not  his                                                                    
personal legislation.  There had  been a  significant number                                                                    
of  public hearings  on  the debate  and  the committee  had                                                                    
issued a  letter stating its  opinion that the  board should                                                                    
be moved to DCCED.                                                                                                              
                                                                                                                                
2:18:17 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough explained  that the appropriate fiscal                                                                    
notes included:  one zero  fiscal note  from DCCED  and; one                                                                    
fiscal impact note  from DCCED containing an  FY 13 $247,000                                                                    
request and  a total of  $1,538.2 million in  the governor's                                                                    
FY 13 budget.                                                                                                                   
                                                                                                                                
Co-Chair Stoltze relayed that  the public safety fiscal note                                                                    
would not be adopted.                                                                                                           
                                                                                                                                
Representative  Doogan agreed  with Representative  Hawker's                                                                    
characterization  of   the  Legislative  Budget   and  Audit                                                                    
Committee process.                                                                                                              
                                                                                                                                
Representative  Hawker clarified  that the  bill represented                                                                    
the  lateral movement  of an  existing  agency, which  would                                                                    
only be funded under one department.                                                                                            
                                                                                                                                
Representative  Guttenberg  agreed  with  previous  comments                                                                    
regarding  weighing  the  interests  of both  sides  of  the                                                                    
issue. He believed  it was important to "watch  out what you                                                                    
wish for,"  and a move to  DCCED may not be  as advantageous                                                                    
as people thought.                                                                                                              
                                                                                                                                
There  being   NO  further  OBJECTION,  CSHB   125(L&C)  was                                                                    
REPORTED  out of  committee with  a "no  recommendation" and                                                                    
with one  fiscal impact note  and one zero fiscal  note from                                                                    
the   Department  of   Commerce,   Community  and   Economic                                                                    
Development.                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 23(FIN)                                                                                                
                                                                                                                                
     "An Act  relating to  transferable film  production tax                                                                    
     credits  and film  production tax  credit certificates;                                                                    
     requiring the  legislative audit division to  audit the                                                                    
     Alaska   film   production   incentive   program;   and                                                                    
     providing  for  an  effective   date  by  amending  the                                                                    
     effective dates of secs.3                                                                                                  
                                                                                                                                
2:22:23 PM                                                                                                                    
                                                                                                                                
Co-Chair   Thomas   MOVED   to  ADOPT   proposed   committee                                                                    
substitute   for  CSSB   23(FIN),  Work   Draft  27-LS0252\C                                                                    
(Bullock,  4/14/11). There  being  NO OBJECTION,  it was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
SENATOR   JOHNNY   ELLIS,   SPONSOR,  explained   that   the                                                                    
legislation  was intended  to diversify  the economy  and to                                                                    
create  jobs and  businesses in  the state.  He thanked  Co-                                                                    
Chair Stoltze for his fair  approach and for helping to move                                                                    
the bill forward;  he recognized that the  co-chair had been                                                                    
skeptical of  film and production  incentives. He  had heard                                                                    
that work  would potentially be  done in a  subcommittee and                                                                    
was supportive  of the  idea. He  thanked the  Department of                                                                    
Commerce, Community  and Economic  Development for  its work                                                                    
on the issue  and highlighted the governor's  support of the                                                                    
incentives.  He credited  the  department administering  and                                                                    
improving  the   program;  it  had   made  changes   to  the                                                                    
regulatory authority  and policies and  procedures, improved                                                                    
the program's  transparency, and  had taken steps  to ensure                                                                    
that  Alaskans  would  receive  the  most  benefits  of  the                                                                    
opportunities created by film  and television production. He                                                                    
was in  favor of  taking steps  to further  "Alaskanize" the                                                                    
bill. He  was available to  provide a full  presentation and                                                                    
to  discuss   the  committee's  suggestions   for  potential                                                                    
improvements at any time.                                                                                                       
                                                                                                                                
Co-Chair  Stoltze  looked  forward   to  working  towards  a                                                                    
balance. He discussed his inherent  skepticism of tax credit                                                                    
legislation, given that state general funds were used.                                                                          
                                                                                                                                
CSSB  23(FIN)  was   HEARD  and  HELD  and   referred  to  a                                                                    
subcommittee consisting of  Representative Costello (Chair),                                                                    
Representative Fairclough, and Representative Guttenberg.                                                                       
                                                                                                                                
2:28:25 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:33:00 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
^PRESENTATION: DOMESTIC  VIOLENCE & SEXUAL  ASSAULT PROGRAMS                                                                  
UPDATE.                                                                                                                       
                                                                                                                                
2:33:38 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  handed  the   gavel  over  to  Vice-chair                                                                    
Fairclough.                                                                                                                     
                                                                                                                                
JOE  MASTERS,  COMMISSIONER,  DEPARTMENT OF  PUBLIC  SAFETY,                                                                    
listed  individuals   available  to  discuss   the  domestic                                                                    
violence and  sexual assault initiative update.  He referred                                                                    
to  documents available  to the  committee, "Choose  Respect                                                                    
Overview   Document,  DVSA   Initiative  FY   13  Governor's                                                                    
Proposed Budget Highlights" and  "2012 Alaska Dashboard, Key                                                                    
Issues  Impacting Domestic  Violence and  Sexual Assault  in                                                                    
Alaska" (Copies on File.)                                                                                                       
                                                                                                                                
Commissioner  Masters  began   the  PowerPoint  presentation                                                                    
"House  Finance   Committee,  Domestic  Violence   &  Sexual                                                                    
Assault  Initiative Update,  February  23,  2110." (Copy  on                                                                    
File) with Slide 2: "Overview."  He noted that in 2009 there                                                                    
was widespread recognition in Alaska  that a serious problem                                                                    
existed  regarding  occurrences  of  domestic  violence  and                                                                    
sexual assault. The Alaska  victimization survey would later                                                                    
confirm the  data. In 2009, Governor  Parnell announced that                                                                    
ending   the   epidemic  would   be   a   priority  of   his                                                                    
administration.   Many  organizations   have  been   working                                                                    
together  to  solve  the  problem  and  provide  much-needed                                                                    
services. A starting point would  be in breaking the silence                                                                    
and  community   engagement.  Slide   3:  "March   29,  2012                                                                    
Participating  Communities," which  shows  the third  annual                                                                    
march to  "Choose Respect."  The march will  be held  in 110                                                                    
communities in  Alaska. He emphasized  that   Choose Respect                                                                    
is  not just  a  march or  a slogan,  but  a statement  that                                                                    
people will  no longer hide  abuse in communities,  but they                                                                    
will  stand  alongside  victims   and  survivors.  Slide  4:                                                                    
"Mission:  End  the  Epidemic"   showed  that  with  complex                                                                    
problems there  exists the  need for  broad-based solutions.                                                                    
The strategies  must be  concerned with  the short  and long                                                                    
term  goals. He  pointed out  that the  main strategies  are                                                                    
interconnected and listed in the multi-colored triangle.                                                                        
                                                                                                                                
2:38:19 PM                                                                                                                    
                                                                                                                                
MICHAEL  GERAGHTY,  ATTORNEY  GENERAL,  DEPARTMENT  OF  LAW,                                                                    
talked of Slide 5 and  Slide 6: "Overview." He indicated how                                                                    
impressed  he  has  been  with   the  laser-like  focus  the                                                                    
governor and  administration brought to the  issue. The only                                                                    
way  to deal  with the  problem is  through a  multi-agency,                                                                    
multi-disciplinary approach. Slide  7: "Key Priority Areas."                                                                    
He  indicated  that the  first  area  is in  Prevention  and                                                                    
Intervention.  He  specified  that  attention  needs  to  be                                                                    
brought to the  issue because of the  stigma associated with                                                                    
the  violence  has  to  go   away.  Support  is  needed  for                                                                    
survivors  to report  the abuse,  find shelter,  and receive                                                                    
treatment.  The  last  focus is  with  law  enforcement.  He                                                                    
stressed  that   efforts  need  to  be   balanced  with  the                                                                    
intervention. He  stressed that  crimes committed  against a                                                                    
partner or  spouse is  no different  from a  crime committed                                                                    
against  someone else.  People  need to  understand that  if                                                                    
they  are caught  they will  be punished.  Domestic violence                                                                    
and  sexual  assault  are  not  simply  public  safety,  law                                                                    
enforcement  issues, but  involves public  health, spiritual                                                                    
issues  in rural  communities, and  goals as  a society.  He                                                                    
returned  to   Slide  6  to   talk  about  the   culture  of                                                                    
responsibility.  He  noted  that  the problem  will  not  be                                                                    
solved  until  the issue  is  thought  about differently  in                                                                    
communities and  the mindset changes.  He referred  to youth                                                                    
leadership in  development and executing  programs. Children                                                                    
need  to  be  educated   about  the  issues,  raising  their                                                                    
sensitivity and awareness.                                                                                                      
                                                                                                                                
2:45:20 PM                                                                                                                    
                                                                                                                                
Representative Neuman  signified he worked on  making Alaska                                                                    
one of the  toughest in the field on abuse  of a minor. When                                                                    
going through  the Dashboard numbers, the  rate of juveniles                                                                    
in sexual  offenses is  about 14  percent of  the population                                                                    
involved. He added  that only about 20 percent  of cases are                                                                    
reported. The numbers are hard  to digest and agreed that it                                                                    
is a huge problem in Alaska.                                                                                                    
                                                                                                                                
Representative Doogan  referred to  the numbers on  Chart 7.                                                                    
He noticed the large increase  in money for survivors in the                                                                    
Support for Survivors section.                                                                                                  
                                                                                                                                
2:48:05 PM                                                                                                                    
                                                                                                                                
Representative Guttenberg  commented on the increase  in the                                                                    
support  for services  in  affordable  housing. He  asserted                                                                    
that affordable housing  was so important in  cases of abuse                                                                    
or  recidivism  in  prisons.  He  believed  that  affordable                                                                    
housing  was  a key  to  success.  He  asked if  the  amount                                                                    
requested was enough to accomplish the goals.                                                                                   
                                                                                                                                
Vice-chair  Fairclough mentioned  that there  is a  proposed                                                                    
voucher  program  for  domestic  violence  as  part  of  the                                                                    
governor's initiative.                                                                                                          
                                                                                                                                
Representative Gara emphasized the  need for law enforcement                                                                    
in  villages to  reduce domestic  violence. He  stressed the                                                                    
need  to hire  the  officers sooner  rather  than later.  He                                                                    
spoke  of ten  villages  without law  enforcement. He  urged                                                                    
that the  plan to  add law enforcement  over the  next eight                                                                    
years needed to move more quickly.                                                                                              
                                                                                                                                
Commissioner   Masters   answered  Representative   Doogan's                                                                    
question  by  referring  to   the  Choose  Respect  Overview                                                                    
document, page 4, where the  issue of funding is broken down                                                                    
by category  and the category  for survivors has  a specific                                                                    
listing of  the budgetary increments.  Vice-chair Fairclough                                                                    
asked  if that  answered  Representative Doogan's  question.                                                                    
Representative Doogan replied that it did.                                                                                      
                                                                                                                                
Commissioner Masters  responded to Representative  Gara that                                                                    
the rate  of adding  officers was  based on  recruitment and                                                                    
training,  as well  as the  villages' willingness  to accept                                                                    
them.                                                                                                                           
                                                                                                                                
2:52:56 PM                                                                                                                    
                                                                                                                                
ANDRE ROSAY, DIRECTOR, JUSTICE  CENTER, UNIVERSITY OF ALASKA                                                                    
ANCHORAGE  JUSTICE  CENTER,  presented  Slide  8:  "Lifetime                                                                    
Estimates: Victimization  Survey." The survey  was conducted                                                                    
statewide in FY  10 and in Anchorage,  Fairbanks, Juneau and                                                                    
Bristol Bay in FY 11.  The survey utilizes the best possible                                                                    
methodology  to create  the  most  reliable estimates  while                                                                    
minimizing  risk  to  respondents.   He  stressed  that  the                                                                    
statistics listed were conservative  because of the existing                                                                    
stigma associated with disclosing the violence.                                                                                 
                                                                                                                                
Representative  Costello remarked  that  the statistics  are                                                                    
shocking. She  asked if these  statistics are  reflective of                                                                    
the  Behavior  Risk Factor  Survey  from  the Department  of                                                                    
Health and Social Services. Dr.  Rosay replied that they are                                                                    
different surveys but  agreed that there is  some overlap in                                                                    
content.  Dr. Rosay  continued  with  the "Intimate  Partner                                                                    
Violence" He  stressed that almost  half of all  adult women                                                                    
in  Alaska have  experienced  intimate  partner violence  at                                                                    
some  point  in  their  lifetime.  In  the  sexual  violence                                                                    
column, about  one out  of every three  women in  Alaska has                                                                    
experienced sexual  violence. He emphasized that  these were                                                                    
conservative  estimates.  He  stressed that  Alaska's  rates                                                                    
continue to be unacceptably high.                                                                                               
                                                                                                                                
Representative  Wilson asked  if  the  statistics were  just                                                                    
from Alaska or  an accumulation in a  person's lifetime. Dr.                                                                    
Rosay  reported  that  most  of  the  violence  occurred  in                                                                    
Alaska.                                                                                                                         
                                                                                                                                
Representative  Doogan asked  if  intimate partner  violence                                                                    
and  sexual  violence  were mutually  exclusive.  Dr.  Rosay                                                                    
responded that they were. If  combined, then more than half,                                                                    
almost 60 percent of adult  women in Alaska have experienced                                                                    
intimate partner violence, sexual violence or both.                                                                             
                                                                                                                                
LAUREE  MORTON,  EXECUTIVE  DIRECTOR,  COUNCIL  ON  DOMESTIC                                                                    
VIOLENCE AND  SEXUAL ASSAULT,  DEPARTMENT OF  PUBLIC SAFETY,                                                                    
referred to  Slide 9: "2012 Alaska  Dashboard." She referred                                                                    
to  future progress.  In FY  12 regional  surveys are  being                                                                    
conducted  in Bethel,  Kodiak, and  Sitka. In  FY 13  survey                                                                    
would be  looking toward the  Kenai Peninsula and  the North                                                                    
Slope, and  every five  years the  statewide survey  will be                                                                    
repeated.                                                                                                                       
                                                                                                                                
Dr. Rosay referred to "2012  Alaska Dashboard" pamphlet. The                                                                    
document  was  created by  the  data  group within  Governor                                                                    
Parnell's Choose Respect  Initiative. The dashboard provides                                                                    
a  broad overview  of the  key issues  that impact  domestic                                                                    
violence and sexual  assault in Alaska. It  does not include                                                                    
performance   measures  or   how   individual  agencies   or                                                                    
departments   are  preforming.   The  group   identified  32                                                                    
different indicators. He  pointed to Page 3  that provides a                                                                    
dashboard  indicator  definitions.  On   page  1,  for  each                                                                    
indicator,  data has  been identified  from Previous  Alaska                                                                    
Data,  Current Alaska  Data and  percent change.  It is  the                                                                    
increase or decrease in current  Alaska data relative to the                                                                    
previous  Alaska data.  He warned  that it  is too  early to                                                                    
tell what the data trends will reveal.                                                                                          
                                                                                                                                
Ms. Morton moved  to Slide 10: "2012  Alaska Dashboard." She                                                                    
said  the  data group  looked  at  population measures,  not                                                                    
performance or outcome measures.  She explained that will be                                                                    
the next  step for the  data group. Progress would  be rated                                                                    
as   Satisfactory,   Uncertain,    or   Needs   Improvement.                                                                    
"Satisfactory" for  reporting is when there  is an increase.                                                                    
For victimizations  themselves, they  would like to  see the                                                                    
numbers  decrease.  The  "Uncertain" implies  there  is  not                                                                    
enough information or enough sway  in up or down percentage.                                                                    
The  "Needs  Improvement"  looks  at  the  opposite  of  the                                                                    
Satisfactory.  The hope  is that  the information  will help                                                                    
departments understand how to better help the victims.                                                                          
                                                                                                                                
3:02:44 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough relayed that  the report could show an                                                                    
increase  in  reporting, but  still  see  a green  dot.  She                                                                    
impressed  on  the  legislators   that  there  could  be  an                                                                    
increase rate in reporting as  the issue is highlighted, but                                                                    
that does not mean a bad job  is being done. There may be an                                                                    
increase for years  before a downturn is  seen. She asserted                                                                    
that  it  is  a  good  thing that  there  are  more  victims                                                                    
reporting abuse.                                                                                                                
                                                                                                                                
Ms.  Morton mentioned  additional information  was available                                                                    
on  Slide  11:  "Sources for  Additional  Information."  She                                                                    
moved to Slide 12: "Council  on Domestic Violence and Sexual                                                                    
Assault,  Prevention." Prevention  is another  component. It                                                                    
is  a systemic  process promoting  healthy environments  and                                                                    
behaviors such as the likelihood and frequency of violence.                                                                     
                                                                                                                                
3:07:43 PM                                                                                                                    
                                                                                                                                
She  highlighted Slide  14:  "Primary  Prevention" which  is                                                                    
stopping violence before it occurs.  This has not received a                                                                    
lot  of attention  in Alaska.  It  is important  to get  the                                                                    
message out clearly and succinctly  in order get the maximum                                                                    
understanding.  Ms.  Morton  referred   to  page  2  in  the                                                                    
Overview   Document   for   websites  available   for   more                                                                    
information.   She  pointed out  the Lead  On and  Stand Up/                                                                    
Speak  Up   which  are  youth  engagement   activities  that                                                                    
encourage youth  leadership. Green Dot is  a strategy having                                                                    
individuals  learn and  feel confident  with  ways in  which                                                                    
they can  intervene in  a situation  or prevent  a situation                                                                    
from happening.  Mr. Morton continued  to Slide  15: "Victim                                                                    
Services" that should offer  support for survivors. Services                                                                    
provided   are  Residential,   Advocacy,  Safety   Planning,                                                                    
Information  and   Referral,  and  Support.  Last   year  43                                                                    
attorneys offered pro-bono  help to victims and  10 new ones                                                                    
signed  up   this  year.   The  help   included  information                                                                    
referral,  safety   planning,  and  support  to   break  the                                                                    
isolation.                                                                                                                      
                                                                                                                                
3:10:02 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough thanked Ms.  Morton for implementing a                                                                    
strategic  plan in  bringing different  systems together  to                                                                    
focus  on  the  issue   to  make  perpetrators  accountable,                                                                    
protect  those  harmed  and now  the  beginning  of  primary                                                                    
prevention.                                                                                                                     
                                                                                                                                
3:10:48 PM                                                                                                                    
                                                                                                                                
MICHAEL  HANLEY, COMMISSIONER,  DEPARTMENT OF  EDUCATION AND                                                                    
EARLY DEVELOPMENT,  noted his  own shocking  revelation that                                                                    
in a  village he visited,  70 percent of women  were victims                                                                    
of violence.  A young  woman from  the village  informed him                                                                    
that she has  a better chance of being a  victim of violence                                                                    
than  she does  of  graduating from  school.  Slide: 16  and                                                                    
Slide  17: "Primary  Prevention in  Schools" mentioned  that                                                                    
the  program  emphasized   the  proactive  and  preventative                                                                    
nature  of the  component. The  goal  of the  schools is  to                                                                    
teach,  but also  to empower  children. Commissioner  Hanley                                                                    
referred  to the  Fourth R  for  healthy relationships.  All                                                                    
components on  the slide  are designed  to work  together to                                                                    
increase protective factors,  reduce risk behaviors, provide                                                                    
a  safety  net for  the  children  and help  provide  needed                                                                    
services  early. Slide  18: "Health  and Safety  Coordinator                                                                    
Position."  The position  focuses primarily  on school-based                                                                    
programs   for   Domestic   Violence  and   Sexual   Assault                                                                    
prevention in schools. The position,  led by Patty Owens, is                                                                    
in response to  Statute 14-30360 to provide  a school health                                                                    
education  specialist.  Slide   19:  "Healthy  Relationships                                                                    
Curriculum."  The Fourth  R is  the primary  concern of  the                                                                    
Health  and   Safety  Coordinator  position.   Teachers  are                                                                    
trained  in  36  secondary  schools  from  17  districts  to                                                                    
empower  and educate  individuals to  coach trainers  in the                                                                    
communities.                                                                                                                    
                                                                                                                                
Representative  Costello voiced  her concern  about students                                                                    
being bullied. She wondered if  there was information on how                                                                    
often  certain  students  are  in  the  principal's  office.                                                                    
Commissioner Hanley  responded that the information  was not                                                                    
available on a state-wide level  so there is not enough data                                                                    
on that  subject. Each school has  a goal to provide  a safe                                                                    
and healthy  environment. Representative  Costello mentioned                                                                    
that  parents  often come  to  her  with situations  over  a                                                                    
disagreement about what  constitutes bullying. She wondered,                                                                    
without  education, if  bullying continues  from primary  to                                                                    
high school and later into more serious behavior.                                                                               
                                                                                                                                
3:18:08 PM                                                                                                                    
                                                                                                                                
Representative Doogan indicated he  has been trying for five                                                                    
years  to  understand  sexual  violence  among  children  in                                                                    
schools. He  would like  some hard  data because  reports he                                                                    
has read  require millions  of dollars  to provide  help. It                                                                    
would be  nice to have  a reasonable conclusion on  how much                                                                    
such a program would cost.                                                                                                      
                                                                                                                                
Vice-chair  Fairclough  agreed with  Representative  Doogan.                                                                    
She  agreed  that  bullying by  certain  students  can  move                                                                    
through the  grades if no  one reaches them  with education.                                                                    
She agreed  with the  hope in  not defunding  student school                                                                    
nurses  as  they  are  the  ones  who  often  can  see  this                                                                    
behavior. She  cautioned however on  the need to  be careful                                                                    
in labeling children  too hastily. She agreed  more data was                                                                    
needed. Representative  Doogan mentioned the one  Health and                                                                    
Safety Coordinator  position and wondered if  more money was                                                                    
needed for additional positions.                                                                                                
                                                                                                                                
Commissioner Hanley  mentioned that  the one  position works                                                                    
full time. The  position could use more  technical and other                                                                    
assistances resources.                                                                                                          
                                                                                                                                
Representative Doogan  noted the  need for  more information                                                                    
to  be  provided to  the  legislators  regarding the  issue.                                                                    
Vice-chair  Fairclough pointed  out that  the House  Finance                                                                    
Committee  originally advocated  for  $3  million and  after                                                                    
decades, it  had been  funded for the  first time  two years                                                                    
ago.                                                                                                                            
                                                                                                                                
3:24:59 PM                                                                                                                    
                                                                                                                                
Representative  Guttenberg  mentioned Representative  Lynn's                                                                    
bill on acquiring  a data base on people  who abuse animals.                                                                    
He wondered if that is  a topic under "high risk behaviors."                                                                    
Commissioner Hanley  was unaware of the  bill, but contended                                                                    
that  when   looking  at  overall  behavior,   it  has  been                                                                    
recognized  that one  behavior  is not  usually an  isolated                                                                    
event.  If  an educator  saw  a  child  who was  abusive  of                                                                    
animals, it would probably be  indicative of other high-risk                                                                    
behaviors.                                                                                                                      
                                                                                                                                
BILL STREUR,  COMMISSIONER, DEPARTMENT OF HEALTH  AND SOCIAL                                                                    
SERVICES, indicated that he would  be presenting an overview                                                                    
of the  past, present and  future actions of  the Department                                                                    
of  Health  and  Social  Services in  relation  to  domestic                                                                    
violence.                                                                                                                       
                                                                                                                                
Co-Chair  Stoltze interjected  that it  was important  to be                                                                    
careful on how "unhealthy behavior" is described.                                                                               
                                                                                                                                
Commissioner Streur  voiced that he would  be moving quickly                                                                    
through the slides in his  presentation. Slide 20: "Outreach                                                                    
-  Reporting Harm  - Office  of  Children's Services"  deals                                                                    
with increasing  public awareness. There has  been an effort                                                                    
to stop  the abuse  before it begins.  Slide 21:  Outreach -                                                                    
Reporting  Harm -  Senior &  Disabilities  Services -  Adult                                                                    
Protective  Services"   involved  increasing   awareness  of                                                                    
domestic   violence   against  seniors.   Adult   Protective                                                                    
Services (APS)  receives approximately  500 reports  a month                                                                    
of  potential  domestic   violence  against  seniors.  Slide                                                                    
22:"Rural Pilot  Projects -  Division of  Behavioral Health"                                                                    
mentions  that  four  community projects  were  selected  in                                                                    
February  2011 in  Dillingham,  Kodiak,  Sitka, and  Bethel.                                                                    
Slide  23: "Trauma  Informed Care"  is a  program where  714                                                                    
individuals  were  trained  in  February  2011  to  use  the                                                                    
alcohol  screening  tool  to   identify  trauma.  Slide  24:                                                                    
"Trauma Informed Care." He noted  61 percent reported trauma                                                                    
symptoms  in   FY  11,  69   percent  reported   an  adverse                                                                    
experience,  and   18  percent  reported   intimate  partner                                                                    
violence.  Slide 25:  "Community  Engagement  - FWWI  Model"                                                                    
defined  that   Family  Wellness  Warriors   Initiative.  He                                                                    
explained that  the program is  spread throughout  the state                                                                    
in  and it  reaches  the community  and  village level.  The                                                                    
program equips  community leaders with skills  and knowledge                                                                    
to assume  responsibility for  their community's  efforts to                                                                    
reduce family violence and child maltreatment.                                                                                  
                                                                                                                                
Commissioner  Streur  continued  with Slide  26:  "Federally                                                                    
Funded Prevention Programs - Division  of Public Health." He                                                                    
reported that $1  million per year for 5  years through 2015                                                                    
would  be spent  for maternal,  infant, and  early childhood                                                                    
home  visiting.   The  program   involves  a   nurse  family                                                                    
partnership for  early screening  and education at  the home                                                                    
level.  Slide 27:  "Federally Funded  Prevention Programs  -                                                                    
Division of  Health." spoke  to the  Personal Responsibility                                                                    
Education  Program with  $250,000 per  year through  2015 to                                                                    
collaborate  with  the  Department   of  Education  &  Early                                                                    
Development to  implement the Fourth R  curriculum in Alaska                                                                    
schools. He  reported that an  evaluation of  the curriculum                                                                    
in underway. He divulged that  Healthy Start at $400,000 per                                                                    
year through  2015 would direct  client services  to include                                                                    
screening  and education  of all  Healthy Start  clients for                                                                    
DV/SA. He noted that group  health education session for all                                                                    
community  members  will  likely  occur  and  data  will  be                                                                    
gathered  for  evaluation  purposes. Slide  28:  "Additional                                                                    
Prevention Activities."  Commissioner Streur  commented that                                                                    
he is  personally pushing the Public  Health Nursing Centers                                                                    
very  hard.   The  centers  will  implement   screening  for                                                                    
suspected  case  of sexual  abuse.  Slide  29: "Screening  &                                                                    
Behavioral  Services."  He  noted that  these  services  are                                                                    
expected to  become available for  young children  and their                                                                    
families  in  primary  care  offices  and  community  mental                                                                    
health centers. The department focuses  on seniors and young                                                                    
children.                                                                                                                       
                                                                                                                                
3:34:08 PM                                                                                                                    
                                                                                                                                
Representative Neuman  cited that  public nurses need  to be                                                                    
trained  in sexual  or domestic  violence, not  just medical                                                                    
training. He explained that the  process is a very technical                                                                    
procedure  to categorize  information gathered.  He remarked                                                                    
that  the  nurses  are  required  to be  on  call  24/7.  He                                                                    
questioned if nurses were  staffed adequately throughout the                                                                    
state.  Commissioner  Streur  declared that  the  issue  was                                                                    
primarily public  safety driven. He noted  that Commissioner                                                                    
Masters could better answer that question.                                                                                      
                                                                                                                                
Vice-chair  Fairclough  interjected  that there  are  sexual                                                                    
assault response teams throughout the state.                                                                                    
                                                                                                                                
Representative Neuman  asked if  the program  was adequately                                                                    
funded.  Vice-chair Fairclough  responded that  there was  a                                                                    
three-legged   funding  stream   depending  on   the  people                                                                    
involved. Advocacy groups have  sought separate funding from                                                                    
the police  or the public safety  enforcement officer. There                                                                    
are  practices and  precautions to  ensure that  evidence is                                                                    
not damaged.  She signified  it is  a challenge.  Many rural                                                                    
communities do not  have a tax base to  fund these programs.                                                                    
Vice-chair  Fairclough stressed  that elder  abuse has  been                                                                    
rising  in Alaska  and  the challenges  to  ensure they  are                                                                    
safe.                                                                                                                           
                                                                                                                                
Representative   Doogan  spoke   with   the  Ombudsman   who                                                                    
indicated that cases involving the  elderly continue to rise                                                                    
in  all areas  from fraud  to violence.  Commissioner Streur                                                                    
remarked  that  could be  related  to  more success  in  the                                                                    
encouragement of  reporting and  identifying such  cases. He                                                                    
indicated that more cases were  being addressed and more was                                                                    
more proactive in seeking resolution of the cases.                                                                              
                                                                                                                                
Vice-chair Fairclough indicated that  the over 65 population                                                                    
was increasing  and assisted living facilities  are becoming                                                                    
an issue. She  asked if the commissioner had  any comment on                                                                    
the homes.  Commissioner Streur replied  he would  prefer to                                                                    
comment at another time.                                                                                                        
                                                                                                                                
3:40:55 PM                                                                                                                    
                                                                                                                                
Commissioner  Geraghty   excused  himself  from   the  room.                                                                    
Commissioner  Masters introduced  Slide  30: "Department  of                                                                    
Public Safety"  and the  goal to  provide a  law enforcement                                                                    
presence  of quality  in every  community that  desires one.                                                                    
Having   professional   police   in  a   community   has   a                                                                    
preventative  effect  in  serious  physical  injury  due  to                                                                    
assault. He indicated the desire  to improve law enforcement                                                                    
response  in adding  troopers  and investigative  positions,                                                                    
domestic  follow-up,  technical  crimes  investigation  unit                                                                    
investigator and major crimes unit investigators.                                                                               
                                                                                                                                
3:46:59 PM                                                                                                                    
                                                                                                                                
Commissioner  Masters  indicated  there has  been  increased                                                                    
funding for  forensic medical sexual  assault exams  and the                                                                    
development of pediatric sexual assault kits.                                                                                   
                                                                                                                                
Representative Costello asked a  question concerning the sex                                                                    
offender registry  and the number  of areas where  the state                                                                    
of  Alaska is  out  of compliance  with federal  regulations                                                                    
that would result in more  funding. She asked for a response                                                                    
to how serious a problem it is  and when a VPSO is sent into                                                                    
a  community  would  that  person  be  able  to  update  the                                                                    
registry. She also  wondered if a sex  offender registry was                                                                    
meaningful.                                                                                                                     
                                                                                                                                
Commissioner Masters  responded that there are  a variety of                                                                    
opinions whether a sex offender  registry is valuable. It is                                                                    
an important tool for those who  wish to know if there is an                                                                    
offender living near  them as it can comfort  some in taking                                                                    
steps towards  their own personal  safety. The  registry was                                                                    
effective in  the sense  that it  made offenders  aware they                                                                    
were  being watched.  There  is  also a  benefit  to have  a                                                                    
registry  so  when  an  offense  occurs,  and  suspects  are                                                                    
sought, it  becomes an investigative tool.  He remarked that                                                                    
Alaska was  not in compliance  with the requirements  of the                                                                    
Sex Offender  Registry Notification  Act. Alaska  would need                                                                    
to take significant  steps to be in  compliance. The penalty                                                                    
for non-compliance  is not that Alaska  receives less money.                                                                    
The cost  to get into compliance  is well over $1  million a                                                                    
year.  One of  the  penalty allowances  is  that Alaska  can                                                                    
apply  for   a  waiver   against  the  penalty   funds.  The                                                                    
application has been made to the Department of Justice.                                                                         
                                                                                                                                
3:53:33 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough referred to  a constitutional issue of                                                                    
retroactivity on sentencing which  is why Alaska cannot come                                                                    
into compliance without a constitutional convention.                                                                            
                                                                                                                                
Commissioner  Masters  replied  that the  issues  were  very                                                                    
complex.  He continued  to Slide  31: "Department  of Public                                                                    
Safety -  Training."   He informed  that it  is not  to have                                                                    
additional personal, but that  they are properly skilled and                                                                    
trained. He also  said there was a plan  to improve evidence                                                                    
and case  handling. A key  piece of the initiative  from the                                                                    
beginning  was the  new crime  lab.  He moved  to Slide  32:                                                                    
"Forcible  Rape, Domestic  Violence, Sexual  Assault, Sexual                                                                    
Abuse of  a Minor"  that showed four  bar charts  related to                                                                    
the  subject.   The  first  box  shows   what  was  reported                                                                    
federally  in Forcible  Rape and  the  trend. The  remaining                                                                    
three sections are  the actual reports to  the Department of                                                                    
Public Safety for investigation  as trooper cases. Increased                                                                    
reporting is necessary for success.                                                                                             
                                                                                                                                
3:57:16 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough noted  that  transportation in  rural                                                                    
Alaska  was  an  issue  to   get  people  moved  around  for                                                                    
reporting,   examination   or   preserving   the   evidence.                                                                    
Commissioner Masters  replied that King Air  is currently up                                                                    
and running; it had been down  at the beginning of the year.                                                                    
This will  be an issue  to deal  with. The downtime  on King                                                                    
Air  has  been  approximately   one-third  compared  to  its                                                                    
operational  time. Vice-chair  Fairclough  wondered how  old                                                                    
the King Air aircraft was.                                                                                                      
                                                                                                                                
Commissioner Masters replied that  the King Air-200 aircraft                                                                    
had been built in  1981. Vice-chair Fairclough believed that                                                                    
there were  two parts available  on a Google search;  it was                                                                    
becoming  harder to  come  by 31  year  old aircraft  parts.                                                                    
Representative Doogan  suggested purchasing a  new aircraft.                                                                    
Representative Neuman agreed  with the comment. Commissioner                                                                    
Masters  replied  that new  King  Air  aircraft was  in  the                                                                    
department's  long-range plan.  Vice-chair Fairclough  noted                                                                    
that  the  request would  not  be  frivolous and  the  state                                                                    
needed  to be  able  to reach  its  remote locations  during                                                                    
times of safety when people are in need.                                                                                        
                                                                                                                                
4:03:03 PM                                                                                                                    
                                                                                                                                
RICHARD   SVOBODNY,   DEPUTY  ATTORNEY   GENERAL,   CRIMINAL                                                                    
DIVISION,  DEPARTMENT  OF  LAW, discussed  the  drafting  of                                                                    
advice that  had led  to the  passage of  bills in  2010 and                                                                    
2011,  Slide: 33  "Department of  Law."   He noted  that the                                                                    
Department of Law was working  with the governor's office on                                                                    
2012  legislation that  further  strengthens  laws on  child                                                                    
exploitation  and sexual  assault. He  indicated that  since                                                                    
the  late  90s,  the  Department of  Law  had  been  funding                                                                    
between 17  and 24  positions through federal  earmarks. The                                                                    
state  legislature has  supplanted that  money with  General                                                                    
Funds as the  federal money diminished. He  pointed to Slide                                                                    
34: "Department  of Law" showing  that over three  years. He                                                                    
discussed  the creation  of the  Cybercrimes  Unit that  was                                                                    
staffed by  a full-time  prosecutor. There was  a three-year                                                                    
rotation that dealt with  domestic violence, sexual assault,                                                                    
and stalking.                                                                                                                   
                                                                                                                                
4:06:38 PM                                                                                                                    
                                                                                                                                
Mr.  Svobodny  moved to  Slide  35:  "2012 Legislation."  He                                                                    
noted  that  the  department  has   been  working  with  the                                                                    
governor on  a bill dealing  with laws on  human trafficking                                                                    
and sex  trafficking. He indicated  it would be made  one of                                                                    
the  most  serious  crimes  in Alaska  law.  He  pointed  to                                                                    
increased penalties  if a prostitute  is less than  18 years                                                                    
of  age.  It  also  allows for  forfeiture  of  property  in                                                                    
prostitution cases.                                                                                                             
                                                                                                                                
Co-Chair  Stoltze questioned  if  the  legislation had  been                                                                    
submitted  Mr. Svobodny  said  it had  been  read across  on                                                                    
February  22, 2012.  Co-Chair  Stoltze  acknowledged he  was                                                                    
originally unaware of the breath  of the issue. He was happy                                                                    
a bill on the subject had been introduced.                                                                                      
                                                                                                                                
Mr. Svobodny agreed that it  is a very difficult offense for                                                                    
police  to  investigate. Two  important  parts  of the  bill                                                                    
allow the  court to use  two-way video  conference testimony                                                                    
under  special circumstances  and requires  every person  to                                                                    
register  as a  sex offender  in  Alaska if  that person  is                                                                    
already required  to register  in another  jurisdiction. The                                                                    
governor's position was to come into compliance.                                                                                
                                                                                                                                
4:14:37 PM                                                                                                                    
                                                                                                                                
Mr.  Svobodny moved  to  Slide 36:  "LAW's  Requested FY  13                                                                    
Budget Increments."  He signified the fully  funded position                                                                    
of the  Palmer Child  Protection attorney and  paralegal was                                                                    
approved in FY 12. There had  been an increase in the cases.                                                                    
There is a  need to deal situations  involving children when                                                                    
they  are  young. An  additional  cold  case prosecutor  was                                                                    
funded.  Alaska has  approximately  100 different  languages                                                                    
making it  difficult to report  or testify. There is  a need                                                                    
to  provide  assistance  to  these  people.  He  noted  that                                                                    
Commissioner Streur  answered questions  about the  aging of                                                                    
the Alaska  society. The  legislature funded  three Medicaid                                                                    
fraud investigators  to look into  Medicaid fraud,  but also                                                                    
to make sure seniors are  properly taken care of in assisted                                                                    
living  facilities.  He  acknowledged that  a  position  was                                                                    
fully funded for a Kotzebue attorney.                                                                                           
                                                                                                                                
4:19:20 PM                                                                                                                    
                                                                                                                                
JOE  SCHMIDT,   COMMISSIONER,  DEPARTMENT   OF  CORRECTIONS,                                                                    
remarked  on previous  comments  about bullying  and gave  a                                                                    
personal  observation of  people he  knew as  trouble-makers                                                                    
when  they  were  young  were   now  incarcerated  as  adult                                                                    
trouble-makers.   He   was   shocked  at   some   of   these                                                                    
individuals'  early  experiences   and  abuse.  Commissioner                                                                    
Schmidt  moved  quickly   through  Slide  37:  "Corrections:                                                                    
Fairbanks  Pilot," Slide  38: "Pilot:  How it  Works," Slide                                                                    
39:  "What's  Different  about This  Approach?,"  Slide  40:                                                                    
"Expanded  Bethel  Sex  Offender  Management  Program,"  and                                                                    
Slide 41: "Mat-Su Area  Institutional Sex Offender Program."                                                                    
The  Probation  Accountability  Certain  Enforcement  (PACE)                                                                    
model  was taken  from the  Hawaii HOPE  model. The  program                                                                    
takes the  highest risk offenders  to help them move  off of                                                                    
drugs  or   alcohol.  The   police,  probation,   and  court                                                                    
officials make a point to bring  the offenders in as soon as                                                                    
they miss an  appointment and the individual  is thrown into                                                                    
jail. In  Bethel, a 2004  study, reported 48 percent  of the                                                                    
sex offense  arrests are in  Southwest Alaska.  He continued                                                                    
that probation officers were added  in Anchorage, Bethel and                                                                    
Fairbanks  to  deal  with a  domestic  violence  and  sexual                                                                    
assault caseload  to lower  the case  loads in  those areas.                                                                    
Representative  Costello complimented  Vice-chair Fairclough                                                                    
for her commitment  to this issue. She  commented that there                                                                    
have   been  five   commissioners   presenting  before   the                                                                    
committee  today and  that indicates  a commitment  from the                                                                    
administration.                                                                                                                 
                                                                                                                                
4:25:10 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  asked Representative  Guttenberg  to                                                                    
get together  with Alaska Housing  Finance for  questions on                                                                    
the support funding increment.                                                                                                  
                                                                                                                                
Co-Chair  Stoltze  thanked  Vice-chair  Fairclough  for  her                                                                    
passion  and information  on this  subject. Co-Chair  Thomas                                                                    
offered  his  thank you  to  Vice-chair  Fairclough for  her                                                                    
commitment.                                                                                                                     
                                                                                                                                
HOUSE BILL NO. 224                                                                                                            
                                                                                                                                
     "An Act relating to the prohibition of selling or                                                                          
     giving tobacco or a product containing nicotine to a                                                                       
     minor unless prescribed by a licensed physician."                                                                          
                                                                                                                                
HB 224 was SCHEDULED but not HEARD.                                                                                             
                                                                                                                                
CS FOR SENATE BILL NO. 30(2d JUD)                                                                                             
                                                                                                                                
     "An Act  providing for the release  of certain property                                                                    
     in the custody  of a law enforcement agency  to a crime                                                                    
     victim  under   certain  conditions  and   relating  to                                                                    
     requests  for that  release by  the office  of victims'                                                                    
     rights." and 4, ch. 63, SLA 2008."                                                                                         
                                                                                                                                
CSHB 30(2d JUD) was SCHEDULED but not HEARD.                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:29:58 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:29 PM.                                                                                           
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
CSSB_30_(2dJUD)_Sponsor_Statement.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB_30_(2dJUD)_Sectional.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB_30_(2dJUD)_Notes.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB_30_(2dJUD)_Explanation_of_Changes.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB30_(2dJUD) _Support_Denali Drilling.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB_30_(2dJUD)_Support_OVR.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB_30_(2dJUD)_Support_NFIB.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
CSSB_30_(2dJUD)_Support_Homebuilders.pdf HFIN 2/23/2012 1:30:00 PM
SB 30
HB 224 Sponsor Statment version D.pdf HFIN 2/23/2012 1:30:00 PM
HB 224
HB 224 Research and Articles.pdf HFIN 2/23/2012 1:30:00 PM
HB 224
HB 224 changes between original and CS.pdf HFIN 2/23/2012 1:30:00 PM
HB 224
Letter from Albert Berke reagrding closed captioning.docx HFIN 2/23/2012 1:30:00 PM
SB 23
SB 23 Support Aticles Recent.pdf HFIN 2/23/2012 1:30:00 PM
SB 23
HFIN-2.23.12.Choose Respect FY 2013 Budget Document.pdf HFIN 2/23/2012 1:30:00 PM
HFIN2.23.12Choose Respect Power Point.pdf HFIN 2/23/2012 1:30:00 PM
HFIN2.23.12DVSA_Dashboard_2012.pdf HFIN 2/23/2012 1:30:00 PM
CS WORKDRAFT HB 224 27-LS0466-X.pdf HFIN 2/23/2012 1:30:00 PM
HB 224
SB23 Back up.pdf HFIN 2/23/2012 1:30:00 PM
SB 23