02/08/2002 01:05 PM House JUD

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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE HOUSE JUDICIARY STANDING COMMITTEE February 8, 2002 1:05 p.m. MEMBERS PRESENT Representative Norman Rokeberg, Chair Representative Scott Ogan, Vice Chair Representative Jeannette James Representative John Coghill Representative Kevin Meyer Representative Albert Kookesh MEMBERS ABSENT Representative Ethan Berkowitz COMMITTEE CALENDAR HOUSE BILL NO. 332 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." - HEARD AND HELD HOUSE JOINT RESOLUTION NO. 15 Proposing amendments to the Constitution of the State of Alaska relating to inflation- proofing the permanent fund. - HEARD AND HELD HOUSE BILL NO. 243 "An Act relating to sexual assault or abuse of a minor." - MOVED CSHB 243(JUD) OUT OF COMMITTEE SENATE BILL NO. 183 "An Act relating to public interest litigants and to attorney fees; and amending Rule 82, Alaska Rules of Civil Procedure." - BILL HEARING POSTPONED SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 321 "An Act relating to the purpose for crime victims' compensation; and limiting the factors that may be considered in making a crime victims' compensation award in cases of sexual assault or sexual abuse of a minor." - SCHEDULED BUT NOT HEARD PREVIOUS ACTION BILL: HB 332 SHORT TITLE:EXTENDING COUNCIL ON DOMESTIC VIOLENCE SPONSOR(S): REPRESENTATIVE(S)BUNDE Jrn-Date Jrn-Page Action 01/16/02 1981 (H) READ THE FIRST TIME - REFERRALS

01/16/02 1981 (H) JUD, FIN

01/16/02 1981 (H) REFERRED TO JUDICIARY 02/08/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HJR 15 SHORT TITLE:CONST. AM: PERMANENT FUND SPONSOR(S): RLS BY REQUEST OF LEG BUDGET & AUDIT Jrn-Date Jrn-Page Action 02/14/01 0316 (H) READ THE FIRST TIME - REFERRALS 02/14/01 0316 (H) JUD, FIN 02/14/01 0316 (H) REFERRED TO JUDICIARY 10/19/01 (H) JUD AT 11:00 AM Anch LIO Conf Rm 10/19/01 (H) Heard & Held 10/19/01 (H) MINUTE(JUD) 02/04/02 (H) JUD AT 1:00 PM CAPITOL 120 02/04/02 (H) Scheduled But Not Heard 02/08/02 (H) JUD AT 1:00 PM CAPITOL 120 BILL: HB 243 SHORT TITLE:VERIFY AGE REQD FOR DEFENSE IN SEX CRIMES SPONSOR(S): REPRESENTATIVE(S)DYSON Jrn-Date Jrn-Page Action 04/10/01 0930 (H) READ THE FIRST TIME - REFERRALS 04/10/01 0930 (H) JUD 04/25/01 (H) JUD AT 1:00 PM CAPITOL 120 04/25/01 (H) Heard & Held 04/25/01 (H) MINUTE(JUD)

01/23/02 (H) JUD AT 1:00 PM CAPITOL 120

01/23/02 (H) assigned MINUTE(JUD) WITNESS REGISTER REPRESENTATIVE CON BUNDE Alaska State Legislature Capitol Building, Room 501 Juneau, Alaska 99801 POSITION STATEMENT: Sponsor of 15 RONALD W. LORENSEN, Attorney Simpson, Tillinghast, Sorensen & Longenbaugh One Sealaska Plaza, Suite 300 Juneau, Alaska 99801 POSITION STATEMENT: Speaking as counsel to the Alaska Permanent Fund Corporation, provided comments and responded to questions regarding HJR 15. REPRESENTATIVE FRED DYSON Alaska State Legislature Capitol Building, Room 104 Juneau, Alaska 99801 POSITION STATEMENT: Sponsor of ACTION NARRATIVE TAPE 02-13, SIDE A Number 0001 CHAIR NORMAN ROKEBERG called the House Judiciary Standing Committee meeting to order at 1:05 p.m. Representatives Rokeberg, Ogan, Coghill, Meyer, and Kookesh were present at the call to order. Representative James arrived as the meeting was in progress. HB Number 0050 CHAIR ROKEBERG announced that the first order of business would be HOUSE BILL NO. 332, "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." Number 0071 REPRESENTATIVE CON BUNDE, Alaska State Legislature, sponsor, explained that HB Violence and Sexual Assault (CDVSA) to June 30, 2006. He noted that last [fiscal] year, the CDVSA provided services to over 7,000 Alaskan women and children, giving them safe shelter throughout the state for a total of over 50,000 "shelter nights." He mentioned that an audit conducted by the Legislative Audit Division suggested the sunset extension. REPRESENTATIVE MEYER asked if it is typical to extend sunsets four years at a time. REPRESENTATIVE BUNDE said that in his experience, it is. REPRESENTATIVE OGAN asked whether all of the concerns raised by the Legislative Audit Division's audit have been addressed by the CDVSA. REPRESENTATIVE KOOKESH, after noting that the sponsor's statement makes reference to providing services for perpetrators, asked what those services entail. REPRESENTATIVE BUNDE said that there is a "batterers' in which perpetrators are encouraged to change their behavior. Number 0421 SUSAN SCUDDER, Executive Director, Council on Domestic Violence and Sexual Assault (CDVSA), Department of Public Safety (DPS), said that the CDVSA strongly supports the extension of the sunset date. It provides a critical service [pertaining to] the public safety of Alaskans, particularly Alaskan women and children, and provides prevention services to perpetrators of domestic violence. She noted that of the five recommendations made as a result of the audit performed on the CDVSA, one is the extension of the sunset date. CHAIR ROKEBERG referred to the Legislative Audit Division's Recommendation No. 1, which said: "The legislature should amend the Council on Domestic Violence and Sexual Assault's statutes related to appointment of council members." He asked Ms. Scudder to speak to that issue. MS. SCUDDER explained that the current statute regarding appointment of council members requires the Alaska Network on Domestic Violence & Sexual Assault (ANDVSA), which is a nonprofit coalition of the programs served by the CDVSA, to submit a list of recommended persons to the governor, and requires the governor to appoint three persons to the council after consultation with the ANDVSA. However, the governor is not required to choose the appointees from the ANDVSA's list; rather, he/she must simply consult with the ANDVSA. She noted that it is fairly standard practice for the governor to consult with the experts in any field when making appointments to boards or commissions. She said that the CDVSA does not feel that the statutes need to be changed since the governor only consults with the ANDVSA and does not have to follow its recommendations regarding appointees; "in fact, precedent shows there have been governors who have appointed people who were not recommended by the [ANDVSA]." REPRESENTATIVE OGAN referred to the audit's statement that an apparent conflict of interest exists when a council member reviews, evaluates, approves, and monitors a grant to the same non-profit corporation that was responsible for recommending that individual for council membership. MS. SCUDDER said: The way that this works is the [ANDVSA] puts out the word to all the programs that there is an opening, and then the programs themselves have a specific protocol that they use - an evaluation process - and they recommend people to the [ANDVSA], and then the [ANDVSA] will recommend people to the governor. The people who are recommended by the individual programs may indeed have had an affiliation with any of those programs in the past. In fact, on our current [council], one of our more recent appointments used to be on the board of STAR [Standing Together Against Rape] in Anchorage, and actually had to resign that position in order to serve on the council. [Because we want to have people who are informed on the issue], ... that same perceived conflict of interest could occur with many people who have served on the council: that they will have had an affiliation with a domestic violence or sexual assault program somewhere in the state at some point in time.... REPRESENTATIVE MEYER asked how the CDVSA interacts with groups like Star. MS. SCUDDER explained that the CDVSA provides funding to those programs, mostly through federal grants, and then provides oversight of the grants to ensure that the programs are fulfilling all the requirements of the grants. Number 0740 DEL SMITH, Deputy Commissioner, Office of the Commissioner, Department of Public Safety (DPS), added that the CDVSA, of which he is a member, is intended to serve not only as a funding body, but also as a center of information about related subjects. He noted that the CDVSA does maintain ongoing discussions with the different programs across the state. CHAIR ROKEBERG referred to the Legislative Audit Division's Recommendation No. 3, which said: "The legislature should amend AS 18.66.050 referring to the council hiring staff, and the council should address personnel issues and promote strong leadership by the executive director." He asked Ms. Scudder to comment. MS. SCUDDER explained that current statute says that the council shall hire an executive director and staff, but in practice, that is not what happens. The council hires the executive director who then hires the staff; there have not been any cases where the council has directly hired staff. CHAIR ROKEBERG asked why the CDVSA has not sought a statutory change regarding that issue. MS. SCUDDER replied that "it hasn't been posing a problem." MR. SMITH added that although he has been a member of the council for the past seven years and is aware of what the statute says, "it never occurred to me that I wanted to be involved, or [that] any member of the council wanted to be involved in the selection of staff for the executive director." He said that it just seemed like an unnecessary change because, in practice, the council has interpreted the statute to mean that the council hires the executive director who then hires his/her own staff. CHAIR ROKEBERG remarked that this practice, in essence, is an example of the administration interpreting and following, as it sees fit, the laws passed by the legislature. He noted, however, that although the current practice is working, the statute should be changed to reflect "reality." REPRESENTATIVE KOOKESH agreed that the statute should be changed to reflect the current practice. He added that since he puts a lot of faith in the people he hires, if he hired an executive director, for example, he'd expect that executive director to hire the appropriate staff. CHAIR ROKEBERG noted that the audit does recommend a statutory change to this effect, and that he prefers the administration to follow what the statutes say. REPRESENTATIVE JAMES said she agrees with Representative Kookesh; when hiring a leader, it is important for that leader to have employees that he/she can work with. She, too, opined that the statute should be changed to reflect current practice. Number 1016 CHAIR ROKEBERG referred to the Legislative Audit Division's Recommendation No. 4, which said, "The council should address statutory responsibilities that relate to consultation with the Department of Health and Social Services (AS Ms. Scudder to comment. REPRESENTATIVE COGHILL interjected to suggest that Recommendation No. 4 and Recommendation No. 5, which said: "Council members and the executive director should consult with the Department of Education and Early Development, school district representatives, and grantees who have worked toward curriculum development to create a comprehensive standardized curriculum to be used within the schools across the state," could be rolled into a "communication discussion between agencies." CHAIR ROKEBERG offered Ms. Scudder the opportunity to address both recommendations together. MS. SCUDDER said that Recommendation No. 4 asked that the council work with the Department of Health & Social Services (DHSS) on the training of healthcare professionals in identifying and treating cases of domestic violence and sexual assault. She explained that the council has had a role in this [training]; the DHSS has an ongoing program - The Alaska Family Violence Prevention Project - and at its inception as a ten- state test program, the CDVSA sat on the program's advisory board. She said she is not sure "exactly what happened in the audit on that," but the healthcare professionals in Alaska are receiving training on these issues already. She added that the CDVSA was at the table when this program was first set up, can certainly take a more active role in the ongoing process of the program, and will do that with the DHSS. MS. SCUDDER mentioned that the second part of [Recommendation No. 4] pertains to mandatory training for certain types of employees - including employees of the court, judges, and private employees - on issues of domestic violence. She explained that the CDVSA has also had a role in that training through one of the grants that it administers - the "Violence Against Women Act" grant - and one of the portions of that training this year is to have judges receive training on domestic violence issues. Thus, she assured the committee, some of this aspect of Recommendation No. 4 is already being addressed, and the CDVSA will take a look at the training to ensure that it is comprehensive and meets the needs [of participants]. Number 1153 MS. SCUDDER said that Recommendation No. 5 pertained to working with the Department of Education and Early Development (EED) to develop a statewide curriculum on domestic violence and sexual assault issues. She explained that historically, the CDVSA has left it to the individual programs funded by the CDVSA to [create] curriculums that are tailored to their regions. She reiterated that the activity recommended in the audit is happening; the programs are in the schools, but the curriculum has not been [created] by the CDVSA. She noted that the CDVSA will, however, gather the materials that are already being used around the state, and will work with the EED to come up with at least a base model that school districts can use if they want to - but, once again, letting the individual programs in the [different] areas add information that is specific to those areas to ensure that cultural and other local, relevant issues are addressed. CHAIR ROKEBERG asked whether curriculum requirements are a matter of federal law. MS. SCUDDER said she did not know. In response to a question pertaining to what is taught in the classroom regarding sexual assault and domestic violence, she explained that the recommendation of the CDVSA is to start age-appropriate education in the school system; part of the solution is breaking a cycle, and part of breaking a cycle is education. MR. SMITH added that what is intended of the curriculum in the schools is to break the cycle of violence, to teach that violence is not the answer to resolving problems; that is what the curriculum is focused on, not necessarily on sex education. REPRESENTATIVE JAMES asked whether any assertiveness training/education is being offered. MS. SCUDDER said yes; in the programs throughout the state, counseling services are offered to victims of domestic violence and sexual assault, and part of those services include empowering people so that they can become stronger advocates for themselves. Number 1387 REPRESENTATIVE OGAN mentioned that for years, he'd served on the "public finance subcommittee," noting that at the time, that subcommittee felt that the batterers' issue was not receiving enough emphasis. He said he is disappointed to see, years later, that the audit is pointing out the same weaknesses regarding the batterers' program, and he surmised that perhaps this issue is not a priority for the council. MS. SCUDDER countered that the CDVSA funds seven community- based, nonprofit batterers' programs, and three [batterers'] programs in the prisons. So it is not that batterers' issues aren't being addressed, she added; "it is fairly new to the council - we've only been doing this for three years - but it is something that we are addressing." REPRESENTATIVE OGAN opined that a lot of things done by the CDVSA merely address the problem after the fact. He also opined that the batterers' program is the one preventative program that goes to the root of the problem. He suggested that more money, time, and resources should be spent on the people who are perpetrating these crimes, rather than on just trying to make the victims whole. MR. SMITH confirmed that initially, the CDVSA was not spending anything on the batterers' programs; then the CDVSA was able to spend $200,000 and now it spends $360,000. He added his belief that there is a recommendation/request for funds in the governors budget this year as well. He explained that the problem is that "you've got to spend out of both pockets for a while." He continued: I want to break the cycle of violence, as every member does that's involved in this, and certainly batterers' intervention and changing their behavior is an appropriate approach. But I cannot leave women on the street who are not protected. So I need to spend money on shelters also. I'd spend every dime you're willing to give us for batterers' intervention, in addition to what we already get. Number 1563 JAMES WELCH, Chief of Police, City of Fairbanks, testified via teleconference and stated simply that the Fairbanks Police Department (FPD) is in support of extending the sunset for the CDVSA because the council performs some very important and necessary work throughout Alaska and because the council's support and guidance are needed throughout the law enforcement community. Number 1599 BRENDA STANFILL, Executive Director, Interior Alaska Center for Non-Violent Living (IAC), testified via teleconference. She noted that the IAC has a community-based batterers' intervention program as well as a program in the prison. She spoke in support of extending the sunset for the CDVSA, noting that she has been with her organization for six years and thus has had an opportunity to see what the CDVSA has accomplished. She said that the IAC definitely appreciates the support and oversight provided by the CDVSA; "they come in every two years, at least, go through our records, make sure we're doing what we say we're going to be doing, [and], in addition to that, they're great at providing support when we're having issues." Number 1673 WINIFRED KELLY, Tundra Women's Coalition (TWC), testified via teleconference, asking the committee to extend the sunset on the CDVSA. She said that the CDVSA funds programs that are very important and much needed in Alaska. She relayed that although CDVSA-funded programs have many success stories, the TWC is still receiving calls from victims who need services; in 2001, for example, 718 crisis calls were taken, and 1,969 shelter nights were provided. She noted that in the Yukon-Kuskokwim Delta, the TWC is a strong community resource that provides necessary education and outreach services, in addition to crisis intervention services. She extended her thanks to Representative Bunde for sponsoring HB 332 going. She continued: As you may have heard, it's been pretty rough out here in Bristol Bay the last few years. The failing of our fishing industry has had a devastating affect on many of our communities, and one measure of that problem is that SAFE provided nearly as many shelter nights in the first quarter of fiscal year [FY] '02 [as] we provided in all of fiscal year '01. In addition to the SAFE shelter, we also have a residential care facility for children, in state custody, that's operated in the same building as our domestic violence program. We have a Sister's Program, which is a treatment and shelter program set up specifically for women - with children - who are battered and chemically dependent. We have a fetal-alcohol-syndrome prevention program where we provide childcare for any parent, but particularly for young women who are attempting to go into after-care treatment or evening treatment, [and] we provide childcare and transportation for them. We have an active children's program. We have an active village outreach program; we have at least two trained volunteers in 24 of our 33 villages, and we have four part-time paid advocates in 4 of our villages. MS. BAIM also said: Our board of directors consists of many people from our community, including two village residents [from] outside of Dillingham. We depend on the council [in order] to be able to provide these core services; the council's direction and oversight of our programs guarantees the most efficient and effective use of state resources. The council also helps to coordinate the efforts of other state, federal, and local agencies to enhance the safety of victims and to reduce domestic violence. We need them to continue their good work, and I urge you to pass HB opportunity to develop a committee substitute (CS), Chair Rokeberg announced that HJR Number 2458 CHAIR ROKEBERG announced that the next order of business would be HOUSE JOINT RESOLUTION NO. 15, Proposing amendments to the Constitution of the State of Alaska relating to inflation- proofing the permanent fund. CHAIR ROKEBERG called an at-ease from 1:50 p.m. to 1:52 p.m. TAPE 02-13, SIDE B Number 2459 REPRESENTATIVE MEYER moved to adopt the proposed committee substitute (CS) for HJR having an ERA as a cushion. He said that it could be considered a belt-and-suspenders way of protecting the earnings. CHAIR ROKEBERG noted that "that's what we have now." were adopted, however, then future legislatures would be limited to the amount constitutionally stipulated via this legislation. "So we [won't] have an [ERA] that we could dip into," he added. MR. STORER said: "Not all of it, no." CHAIR ROKEBERG countered: "We wouldn't have any." just be the 6 percent or 5 percent or whatever appropriation limit the legislature stipulates. MR. GRUENING noted that the part that doesn't change in is the concept of protecting the principal. Once "principal" is defined, the rest is earnings reserve or whatever the legislature wants to call it, he added. That aspect of the statute doesn't get repealed by HJR to help fill the fiscal gap. MR. STORER, after noting that the dividend formula would remain the same, said that there could be between $375 million and $550 million available for appropriation. He reminded members, however, that ultimately, if more is taken "off the table," there would be some diminishment of the dividend over time, though that impact would be relatively small. REPRESENTATIVE JAMES remarked that the legislature is attempting to fill a $900 million hole this year, and to fill even half of that with taxes is going to have a huge impact on Alaska's economy, "to suck that out of the people's pockets." remarked that Alaska is going to have to "grow our economy," which is going to take money. "You don't get anywhere without investing in something; we need to probably spend some more money, ... and so, quite frankly, I don't want to have my hands tied right now," she added. She said that although she likes the concept of HJR at this time. REPRESENTATIVE COGHILL stated: It's available now. He also mentioned that it wasn't going to be easy to go to the people and convince them to vote to allow the legislature to appropriate from the permanent fund. CHAIR ROKEBERG remarked that HJR consistent level of appropriation so that the needs of the state could be met in such an environment. REPRESENTATIVE COGHILL said that his point is that the legislature would still be limited to 5 percent of whatever the value of the fund is, and people might view it differently in that kind of situation. Number 0740 REPRESENTATIVE MEYER relayed that a constituent of his had mentioned that back when the permanent fund was started, no one had ever dreamed that it would one day be worth $25 billion, and had proposed that some of that money could be used to close the fiscal gap. Representative Meyer surmised that in his constituent's opinion, $25 billion was enough; he posited that it might be time to question how big the permanent fund should get. Are "we" going to be here 20 years from now with a fund that's worth $75 billion, he asked. CHAIR ROKEBERG offered that it is a question of whom the fund should benefit: "you, or your grandchildren?" REPRESENTATIVE MEYER said that the question for him is, "At what point is enough, enough: when has it grown enough, and when should we start using it for something?" MR. GRUENING remarked that Representative Meyer has brought up a point regarding the way inflation-proofing is done now: it actually is taken from the earnings reserve and placed into the principal, where it can't be spent. Under [HJR Number 0565 REPRESENTATIVE OGAN asked whether HJR MR. KELLY said that the [PFD] projection for the following year is a little bit under $1 billion - under the existing statutes - and that is also what it would be under HJR allocation for us to appropriate." That's not the same thing, she argued, adding that if it is the 5 percent, the amount "in that pot" is reduced to half - instead of almost all, as indicated the APFC representatives. "So it either can't be done at all, or it greatly changes the way we do it, in one fell swoop," she said. CHAIR ROKEBERG said that that is why he believes a statutory change is needed, "because, number one, there's statutory requirements for inflation-proofing, which would be obviated by the adoption of [HJR 15] would means that "the earnings reserve goes away." MR. GRUENING pointed out that actually, the legislature appropriates funds in each year's budget for inflation-proofing. He added that there was an attorney general's opinion - "back in the 'Dave Rose days'" - that indicated proofing is automatic, but the legislature was of a contrary opinion. Number 0263 RONALD W. LORENSEN; Attorney; Simpson, Tillinghast, Sorensen & Longenbaugh; noted that he has been counsel to the APFC for over five years. He said that his interpretation of [HJR 15, deposited shall only be used for certain purposes. It is the following sentence in Section 1 that stipulates what happens to income, he explained, adding that although HB Number 0140 CHAIR ROKEBERG announced that the last order of business would be HOUSE BILL NO. 243, "An Act relating to sexual assault or abuse of a minor." Number 0242 REPRESENTATIVE MEYER moved to adopt the proposed committee substitute (CS) for CSHB Judiciary Standing Committee. ADJOURNMENT Number 0738 There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 2:49 p.m.

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02/08/2002 01:05 PM House JUD

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