Legislature(2011 - 2012)HOUSE FINANCE 519
02/23/2012 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB125 | |
| SB23 | |
| Presentation: Domestic Violence & Sexual Assault Programs Update. | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 224 | TELECONFERENCED | |
| += | SB 23 | TELECONFERENCED | |
| + | SB 30 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 125 | TELECONFERENCED | |
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.