Legislature(2005 - 2006)CAPITOL 106
05/02/2006 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Department of Administration, Division of Elections Follow-up | |
| Department of Administration State Health Plan Procurement Procedure | |
| SB134 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 134 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
May 2, 2006
8:06 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Carl Gatto, Vice Chair
Representative Jim Elkins
Representative Bob Lynn
Representative Jay Ramras
Representative Berta Gardner
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
DEPARTMENT OF ADMINISTRATION, DIVISION OF ELECTIONS FOLLOW-UP
- HEARD
OVERSIGHT HEARING(S): DEPARTMENT OF ADMINISTRATION STATE HEALTH
PLAN PROCUREMENT PROCEDURE
- HEARD
CS FOR SENATE BILL NO. 134(JUD)
"An Act relating to a pilot project to review and investigate
certain complaints from victims of sexual assault in the first
degree or sexual abuse of a minor in the first degree concerning
actions of justice agencies."
- MOVED CSSB 134(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 134
SHORT TITLE: POLICE INVESTIGATION STANDARDS/ARRESTS
SPONSOR(s): SENATOR(s) BUNDE
03/08/05 (S) READ THE FIRST TIME - REFERRALS
03/08/05 (S) STA, JUD
03/17/05 (S) STA AT 3:30 PM BUTROVICH 205
03/17/05 (S) Heard & Held
03/17/05 (S) MINUTE(STA)
04/05/05 (S) STA AT 3:30 PM BELTZ 211
04/05/05 (S) Moved CSSB 134(STA) Out of Committee
04/05/05 (S) MINUTE(STA)
04/06/05 (S) STA RPT CS 1DP 4NR NEW TITLE
04/06/05 (S) NR: THERRIAULT, ELTON, HUGGINS, DAVIS
04/06/05 (S) DP: WAGONER
04/06/05 (S) FIN REFERRAL ADDED AFTER JUD
04/18/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/18/05 (S) Scheduled But Not Heard
04/12/06 (S) JUD RPT CS 5DP NEW TITLE
04/12/06 (S) DP: SEEKINS, FRENCH, THERRIAULT,
HUGGINS, GUESS
04/12/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/12/06 (S) Moved CSSB 134(JUD) Out of Committee
04/12/06 (S) MINUTE(JUD)
04/13/06 (S) FIN REFERRAL WAIVED
04/20/06 (S) TRANSMITTED TO (H)
04/20/06 (S) VERSION: CSSB 134(JUD)
04/21/06 (H) READ THE FIRST TIME - REFERRALS
04/21/06 (H) STA, JUD
05/02/06 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SCOTT NORDSTRAND, Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Testified during the oversight hearing from
the department, regarding the state health plan procurement
procedure.
SENATOR CON BUNDY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 134 as sponsor.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House State Affairs Standing
Committee meeting to order at 8:06:58 AM. Representatives
Gatto, Elkins, Lynn, Ramras, Gardner, and Seaton were present at
the call to order. Representative Gruenberg arrived as the
meeting was in progress.
^DEPARTMENT OF ADMINISTRATION, DIVISION OF ELECTIONS FOLLOW-UP
8:07:44 AM
CHAIR SEATON reviewed the answers to questions related to the
Division of Elections oversight held on a previous day.
8:10:48 AM
REPRESENTATIVE GATTO expressed gratitude for the answers
provided by the division, but said he still wants to know if
there is some way that somebody could cheat by duplicating a
card used in the voting machines.
8:11:43 AM
CHAIR SEATON asked Representative Gatto to remember that voters
sign in, thus the number of voters is recorded. He thanked the
division for getting back to committee with answers.
^OVERSIGHT HEARING(S)
^DEPARTMENT OF ADMINISTRATION STATE HEALTH PLAN PROCUREMENT
PROCEDURE
8:12:34 AM
CHAIR SEATON announced that the next order of business was the
Oversight Hearing for the Department of Administration State
Health Plan Procurement Procedure.
CHAIR SEATON announced that the committee may go into executive
session during this hearing.
8:13:13 AM
REPRESENTATIVE ELKINS stated his opposition to the oversight.
He said he doesn't understand why it is being brought back
before the House when it has already been before both bodies.
He stated:
I have a problem with the fact that this is under
appeal, and I just don't think we should be involved
in it. I also believe that the Alaska Constitution
prohibits the legislature from interfering in the
contract, and in this case by holding these hearings
..., I think we're treading on ground that we should
be [on] .... I just want that a part of the record,
because I think that this is not a good idea.
8:14:02 AM
REPRESENTATIVE GARDNER asked Representative Elkins if he would
still maintain his objection if the committee does not intend to
take any action, but just hears the issue in an effort to learn
about the process.
8:14:26 AM
REPRESENTATIVE ELKINS indicated that he would.
8:14:59 AM
SCOTT NORDSTRAND, Commissioner, Department of Administration,
announced his availability to discuss the issues surrounding the
third-party administrator contract for the state health plans.
8:15:43 AM
REPRESENTATIVE ELKINS stated his understanding that Aetna is
appealing, and he asked Mr. Nordstrand where the state stands in
the appeal process.
8:15:55 AM
COMMISSIONER NORDSTRAND responded that there has been a protest
by Aetna over the outcome of the RFP. He said, "It was
initially appealed to a procurement officer." That appeal was
denied, and now it has been assigned by an administrative law
judge in the Department of Administration. He said because of
his involvement in "trying to resolve the issue that came up in
the process," he recused himself as the final decision maker in
"this particular administrative process." He offered his
understanding that the final decision will be issued by Judge
Kennedy by May 15. If any of the parties are not pleased with
the outcome of the final administrative order, he said, then
there would be a process of an appeal to the [Alaska] Superior
Court and, ultimately, to the [Alaska] Supreme Court, which he
said could take up to two and one half years.
8:17:30 AM
REPRESENTATIVE ELKINS said he doesn't want to "get into another
one of those Sheffield things" that happened a few years back.
He asked Commissioner Nordstrand, "Do you feel comfortable ...
that the legislature's kind of bouncing around the outside of
this whole process, around the edges?"
8:18:01 AM
COMMISSIONER NORDSTRAND responded:
Certainly I understand that the legislature has an
oversight function. This is a very important decision
for the state; changing the third-party administrator
is no small choice. We believe we went through the
process in an appropriate way. We are required ... by
statute - it's unique ... to third-party
administrators - ... to put it out to bid.
... In terms of comfortableness, ... we're in the
process of litigation. I can tell you that every time
that I come and speak to the legislature about this
topic, it is transcribed, it is sent to the lawyers
involved, it is used in the process of litigation, ...
my comments to the Senate Labor and Commerce Committee
are now memorialized, to some degree, in the briefing,
which now was filed on Friday. So, ... I have to be
cognizant of that, but I also want to be open to the
committee and let you know what I know, so that you
can fulfill your oversight function.
REPRESENTATIVE ELKINS said, "I just feel that ... we're
injecting politics in the process, and ... I'm real
uncomfortable with that."
The committee took an at-ease from 8:19:53 AM to 8:23:42 AM.
8:25:08 AM
CHAIR SEATON asked for a motion to go into executive session.
8:25:22 AM
REPRESENTATIVE GRUENBERG moved and asked for unanimous consent
for the committee to go into executive session to discuss a
matter relating to a bidding process and the finances of the
State of Alaska concerning health care contracts, which may
involve potential litigation, and for designated witnesses to be
present and bound by confidentiality.
CHAIR SEATON asked if there was any objection to the motion.
8:26:33 AM
REPRESENTATIVE GARDNER asked that designated staff be allowed to
remain in the room, under the same confidentiality agreement.
8:26:48 AM
CHAIR SEATON noted that there was no objection. He listed those
who would remain in the room: the House State Affairs Standing
Committee members, Representative Guttenberg, Scott Nordstrand,
Melanie Millhorn, Vern Jones, and legislative staff Louis Flora,
Iris Matthews, Cody Rice, Ann Peskoe, and Jane Pierson.
The committee took an at-ease from 8:29:01 AM to 9:49:49 AM in
order to hold executive session.
9:49:50 AM
CHAIR SEATON called the committee back to order and stated that
after the executive session he is now more comfortable with the
procedures that the state is following.
SB 134-POLICE INVESTIGATION STANDARDS/ARRESTS
9:51:00 AM
CHAIR SEATON announced that the last order of business was CS
FOR SENATE BILL NO. 134(JUD), "An Act relating to a pilot
project to review and investigate certain complaints from
victims of sexual assault in the first degree or sexual abuse of
a minor in the first degree concerning actions of justice
agencies."
9:51:22 AM
The committee took an at-ease from 9:51:57 AM to 9:52:13 AM.
9:52:18 AM
SENATOR CON BUNDY, Alaska State Legislature, introduced SB 134
as sponsor. He said the bill is a response to a constituent
who, after being a victim of a sexual assault, couldn't get
his/her calls returned "or even communication with the local
police department." Senator Bundy stated that the unfortunate
result of that is that victims are victimized again and suffer
from thinking that their experience "was not held in enough
serious regard by our system." He indicated that the reason for
the lack of communication may have been that the police are
human and make mistakes, or that "they have the press of other
business." He said victims who go through this experience are
even less likely to report the crime, because they may question
why they should go through the torture if they are not going to
be taken seriously.
SENATOR BUNDY said, "SB 134 seeks to make the investigative
process easier and more thorough for sexual abuse and sexual
assault victims by providing another place for them to go if
communication with law enforcement hasn't been successful." He
said he worked closely with the Department of Law and the
Department of Public Safety on the bill. He stated that to his
knowledge "all the departments and organizations support SB
134." He explained that the bill would allow the Office of
Victims' Rights (OVR) to intercede on behalf of a sexual abuse
or assault victim, if the victim contacts OVR in the
investigation or reporting stage of prosecuting a sex crime. He
said the bill requires that the investigative complaint be the
result of a major crime, either unclassified sexual assault or
unclassified abuse of a minor.
SENATOR BUNDY said the bill sets up a pilot program that would
end in September 2008, and he explained the reason for using a
pilot program is that although the problem addressed is
widespread and only the tip of the iceberg has been seen, it is
not yet known how intensive the program will be. He stated that
the bill has the support of both urban and rural communities.
9:55:10 AM
SENATOR BUNDY related that the bill would allow OVR the same
rights and responsibilities while handling these cases as it
does when the case goes to court. The big difference would be
that the bill would allow OVR to look into the investigation,
rather than waiting until there is a charge and the case ends up
in court. He stated, "We don't charge any organization with
setting standards for police investigations; however, the
attorneys for OVR are charged with determining if there's been
negligence in the investigation, and then will go about in
assisting their victim." Senator Bundy described SB 134 as a
"simple and common sense bill," and he asked for the committee's
support of it.
9:56:42 AM
REPRESENTATIVE GATTO moved to adopt CSSB 134(JUD) as the work
draft. There being no objection, it was so ordered.
9:58:10 AM
SENATOR BUNDY, in response to an observation made by
Representative Gatto, explained that the Senate State Affairs
Standing Committee version contained language that "was not
enthusiastically supported by law enforcement." He added, "They
didn't want the activity that was called for that would
basically pull the certification of an officer who messed up an
investigation."
9:58:36 AM
CHAIR SEATON told Representative Gatto that there are three
fiscal notes in the committee packet from the Senate Judiciary
Standing Committee.
9:58:56 AM
SENATOR BUNDY noted that they are zero fiscal notes.
9:59:19 AM
REPRESENTATIVE RAMRAS stated that he thinks SB 134 is a great
bill that recognizes an important problem.
9:59:40 AM
CHAIR SEATON, after ascertaining that there was no one to
testify, closed public testimony.
9:59:50 AM
REPRESENTATIVE ELKINS moved to report CSSB 134(JUD) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 134(JUD) was
reported out of the House State Affairs Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
10:00:19 AM.
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