02/20/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| Confirmation Hearing, Commissioner, Department of Administration | |
| Confirmation Hearing, Commissioner, Department of Corrections | |
| Confirmation Hearing, Commissioner, Department of Public Safety | |
| SB75 | |
| SB43 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 75 | TELECONFERENCED | |
| *+ | SB 43 | TELECONFERENCED | |
| + | HB 21 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 20, 2007                                                                                        
                           9:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator Gary Stevens, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Lyda Green                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Con Bunde                                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Confirmation of Governor Appointees                                                                                             
     Commissioner, Department of Administration                                                                                 
          Annette Kreitzer                                                                                                      
     Commissioner, Department of Corrections                                                                                    
          Joe Schmidt                                                                                                           
     Commissioner, Department of Public Safety                                                                                  
          Walt Monegan                                                                                                          
     CONFIRMATIONS ADVANCED                                                                                                     
                                                                                                                                
SENATE BILL NO. 75                                                                                                              
"An Act  extending the  Council on  Domestic Violence  and Sexual                                                               
Assault; and providing for an effective date."                                                                                  
     MOVED CSSB 75(STA) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 43                                                                                                              
"An Act  relating to contributions from  permanent fund dividends                                                               
to community  foundations, to certain  educational organizations,                                                               
and  to certain  other  charitable organizations  that provide  a                                                               
positive  youth development  program, workforce  development, aid                                                               
to  the arts,  or aid  and  services to  the elderly,  low-income                                                               
individuals,  individuals   in  emergency   situations,  disabled                                                               
individuals, or  individuals with  mental illness;  and providing                                                               
for an effective date."                                                                                                         
     HEARD AND HELD                                                                                                             
                                                                                                                              
CS FOR HOUSE BILL NO. 21(STA)                                                                                                   
"An Act  relating to the state  flag; and relating to  the proper                                                               
retirement of an official state flag."                                                                                          
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB  75                                                                                                                  
SHORT TITLE: EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                                             
SPONSOR(S): SENATOR(S) ELTON                                                                                                    
                                                                                                                                
02/07/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/07       (S)       STA, FIN                                                                                               
02/20/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
BILL: SB  43                                                                                                                  
SHORT TITLE: CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                                            
SPONSOR(S): SENATOR(S) THERRIAULT                                                                                               
                                                                                                                                
01/16/07       (S)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (S)       STA, FIN                                                                                               
02/20/07       (S)       STA AT 9:00 AM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Annette KREITZER, Commissioner Designee                                                                                         
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Spoke to her confirmation.                                                                                
                                                                                                                                
JOE SCHMIDT, Commissioner Designee                                                                                              
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Spoke to his confirmation.                                                                                
                                                                                                                                
WALT MONEGAN, Commissioner Designee                                                                                             
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke to his confirmation and in favor of SB
75.                                                                                                                           
                                                                                                                              
SENATOR KIM ELTON                                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 75 as sponsor.                                                                               
                                                                                                                                
CHRIS ASHENBRENNER, Interim Program Administrator                                                                           
Council on Domestic Violence and Sexual Assault                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Spoke in support of SB 75.                                                                                
                                                                                                                                
SENATOR GENE THERRIAULT                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 43 as sponsor.                                                                               
                                                                                                                                
HEATHER BRAKES, staff                                                                                                           
to Senator Therriault                                                                                                           
Alaska Capitol Building                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered a question regarding SB 43.                                                                      
                                                                                                                                
MICHELLE BROWN, President and CEO                                                                                               
United Way of Anchorage                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke in favor of SB 43.                                                                                  
                                                                                                                                
SAMMYE POKRYFKI, Program Officer                                                                                                
Rasmuson Foundation                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke in favor of SB 43.                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL MCGUIRE  called the  Senate  State Affairs  Standing                                                             
Committee  meeting  to order  at  9:04:43  AM. Senators  McGuire,                                                             
French, Stevens, and Green were present at the call to order.                                                                   
                                                                                                                                
CHAIR MCGUIRE  announced that the  first order of  business would                                                               
be  the  confirmation  hearings  for  the  commissioners  of  the                                                               
Department  of Administration  (DOA),  Department of  Corrections                                                               
(DOC), and Department of Public Safety (DPS).                                                                                   
                                                                                                                                
^Confirmation     Hearing,     Commissioner,    Department     of                                                               
Administration                                                                                                                  
                                                                                                                                
9:05:18 AM                                                                                                                    
ANNETTE   KREITZER,   Commissioner    Designee,   Department   of                                                               
Administration,  said  she was  the  Chief  of Staff  for  former                                                               
Lieutenant  Governor  Loren  Lehman  where  she  provided  policy                                                               
advice  to  the Division  of  Elections.  She  also worked  as  a                                                               
committee  aide for  Loren Lehman  when he  was senator  with the                                                               
following  committees:   Special  Committee   on  Oil   and  Gas,                                                               
Resources, Labor  and Commerce, and  Finance. She said  she never                                                               
wanted to work in government, but intended to be a journalist.                                                                  
                                                                                                                                
9:06:28 AM                                                                                                                    
CHAIR MCGUIRE  expressed her appreciation of  dedicating her life                                                               
to public service.                                                                                                              
                                                                                                                                
SENATOR GREEN said she is  appreciative of all the attributes Ms.                                                               
Kreitzer brings to the job.                                                                                                     
                                                                                                                                
SENATOR STEVENS asked if she plans any departmental changes.                                                                    
                                                                                                                                
COMMISSIONER  KREITZER  said  she  is getting  her  feet  on  the                                                               
ground. She  won't change anything  just for the sake  of change.                                                               
She has  been asked to  look at the  state travel office,  so she                                                               
has been giving that time  and consideration. She will also focus                                                               
on the unfunded liability of PERS and TRS.                                                                                      
                                                                                                                                
9:08:01 AM                                                                                                                    
CHAIR MCGUIRE  said that Local  71 representatives came  into her                                                               
office and expressed concern about  statute AK39.90.020. In March                                                               
of 2005  the Department  of Law  (DOL) issued  an opinion  on the                                                               
ruling that  family members  cannot be  in supervisory  roles and                                                               
extended  it  to include  family  members  working alongside  one                                                               
another. In the  rural communities it is difficult to  put a work                                                               
crew together.  Not allowing brothers  and sisters,  for example,                                                               
to work together is an artificial barrier, she stated.                                                                          
                                                                                                                                
9:09:43 AM                                                                                                                    
COMMISSIONER KREITZER  said Senator  French has also  raised this                                                               
issue.  She said  she will  see how  many departments  the ruling                                                               
affects. She  spent seven years  in Cold Bay and  understands the                                                               
limited opportunities for employment in small communities.                                                                      
                                                                                                                                
9:10:32 AM                                                                                                                    
SENATOR  FRENCH said  Commissioner Kreitzer  has a  reputation of                                                               
being a  hard worker,  but asked about  her ability  to supervise                                                               
1000 employees and her management style.                                                                                        
                                                                                                                                
COMMISSIONER KREITZER  said she has  supervised 10 people  in the                                                               
past.  She has  read many  books on  how to  throw a  wrench into                                                               
management style,  and now she  finds herself in  management. She                                                               
said  it is  important to  believe and  trust in  her staff.  Her                                                               
style is  to get people into  the department that she  trusts and                                                               
who  support  the  people  in the  department.  "And  that's  the                                                               
biggest challenge  for me  right now, moving  from a  small staff                                                               
where I was able to do  that pretty effectively, to a much larger                                                               
department and  figure out how to  get the culture that  I bring,                                                               
to all levels of the department."                                                                                               
                                                                                                                                
9:12:24 AM                                                                                                                    
SENATOR FRENCH asked what her biggest challenge will be.                                                                        
                                                                                                                                
COMMISSIONER KREITZER said  the department needs to  get a handle                                                               
on Enterprise  Technology Services and  all the IT  projects that                                                               
are going on, "and maybe pull back a little bit."                                                                               
                                                                                                                                
SENATOR FRENCH  asked if  political views will  play any  role in                                                               
hiring or promoting staff.                                                                                                      
                                                                                                                                
COMMISSIONER KREITZER  said when  an administration comes  in, it                                                               
brings a  certain philosophy, "and  to the extent that  there are                                                               
folks who  not only disagree  with that philosophy, but  would do                                                               
everything to subvert that philosophy,  I would have to say yes."                                                               
She said  that goes  beyond political  boundaries because  in the                                                               
private sector someone who disagrees  with the company president,                                                               
"you would probably have the same reaction."                                                                                    
                                                                                                                                
SENATOR FRENCH asked  the level of the employee  and the spectrum                                                               
of activity. He  said he could see her not  hiring someone who is                                                               
actively campaigning  against her  or her  boss, but  someone who                                                               
writes a $100 check to a  candidate with different views from the                                                               
administration would fall outside the realm of job performance.                                                                 
                                                                                                                                
9:14:56 AM                                                                                                                    
COMMISSIONER KREITZER  said she agrees,  and she is  referring to                                                               
sensitive jobs that are involved in policy direction.                                                                           
                                                                                                                                
^Confirmation Hearing, Commissioner, Department of Corrections                                                                  
                                                                                                                                
COMMISSIONER  SCHMIDT,   Commissioner  Designee,   Department  of                                                               
Corrections (DOC),  said he was  an apprentice  airplane mechanic                                                               
and  a mover  in 1987,  and  then he  took  a job  as a  security                                                               
officer at a halfway house and  was happy he could make his truck                                                               
payments. He went  to Seward in 1988. He said  he was promoted to                                                               
superintendent and in charge of  the "Anchorage Complex." He said                                                               
he then went to Pt. McKenzie  and loved that, which was "a little                                                               
closer to home  than I thought it  was going to be."  There was a                                                               
great deal  of work to  do there and that  is when he  started to                                                               
think about  doing more. He said  it is an exciting  time; "we're                                                               
talking about  reigniting some regional expansion  talks with our                                                               
facilities  and of  course the  new facility  out in  the valley-                                                               
we've got  that moving along real  good." He said he  is happy to                                                               
be part of what is going on with the department.                                                                                
                                                                                                                                
9:17:19 AM                                                                                                                    
CHAIR MCGUIRE  said she  enjoyed hearing his  vision in  a recent                                                               
meeting, and she looks forward to seeing the results.                                                                           
                                                                                                                                
SENATOR  STEVENS said  he was  impressed with  the skill-building                                                               
program in the prisons.                                                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT  said recidivism is a  community problem but                                                               
DOC has  a piece of it,  "and we should be  responsibleā¦to try to                                                               
stop people  from coming  back to jail-giving  them a  tool bag."                                                               
Pt. McKenzie  is establishing a  welding program  and corrections                                                               
will teach farming  and meat cutting. The best  time to influence                                                               
people is  during incarceration because  they aren't  drinking or                                                               
doing drugs. "If anybody can  get their attention, we can." There                                                               
is a committee  evaluating current programs and  will recommend a                                                               
statewide program. Substance  use is huge; one  study showed that                                                               
92 percent of prisoners were substance abusers when arrested.                                                                   
                                                                                                                                
9:19:20 AM                                                                                                                    
SENATOR  STEVENS said  he remembers  creating the  new campus  in                                                               
Kodiak  in  the 1970s,  and  the  furniture was  manufactured  in                                                               
Seward and is still being used.                                                                                                 
                                                                                                                                
SENATOR GREEN said  she has been very supportive  and involved in                                                               
the new prison and asked for an update.                                                                                         
                                                                                                                                
COMMISSIONER SCHMIDT said  he is talking with  the utilities now.                                                               
The  design is  a  campus  concept with  a  central building  and                                                               
separate   housing   units.   It    gives   the   prisoner   more                                                               
responsibility of going  to food and laundry  services. It models                                                               
the  real  world, he  stated,  and  there  will be  staffing  and                                                               
construction  efficiencies.  It  is   cheaper  to  build  smaller                                                               
buildings, he said,  but he doesn't know how  much cheaper. Water                                                               
is  currently  being  drilled for.  Groundwork  will  begin  this                                                               
summer and foundation work will begin next summer, he stated.                                                                   
                                                                                                                                
CHAIR MCGUIRE suggested giving a tour to the committee.                                                                         
                                                                                                                                
9:22:11 AM                                                                                                                    
SENATOR FRENCH  said Commissioner Schmidt seems  to be well-liked                                                               
and  well-respected in  his field.  He expressed  concern with  a                                                               
report on recidivism  and Alaska's low success  rate. The crucial                                                               
period of time seems  to be the first 12 months  out of jail, and                                                               
Senator  French  asked  if  there   is  a  sufficient  number  of                                                               
probation officers to guide them.                                                                                               
                                                                                                                                
9:23:21 AM                                                                                                                    
COMMISSIONER  SCHMIDT   said  he  can't  say   there  are  enough                                                               
probation officers until  there is no recidivism. He  said DOC is                                                               
always advocating  for more, and  the electronic  monitoring bill                                                               
will take up some  resources, but it is a good  step in the right                                                               
direction.   Giving   the   prisoners  tools   while   they   are                                                               
incarcerated is part of it,  but a calculated re-entry is equally                                                               
important,  if  not  more important.  The  probation  officer  is                                                               
important  because the  more supervision  and  guidance they  are                                                               
given, the better. The model  should be helping them succeed, but                                                               
not to the detriment of public safety.                                                                                          
                                                                                                                                
COMMISSIONER  SCHMIDT said  that  one of  the recidivism  numbers                                                               
might  be a  false  positive because  a  probation officer  might                                                               
violate an  offender, particularly  one that  is mentally  ill. A                                                               
probation officer  sees "a  pattern developing  and we  know it's                                                               
going to go bad  at the end of the day, so we  bring them back to                                                               
jail, get them stabilized, get  their medication, fix up whatever                                                               
it might  be that they need,  and put them back."  He noted there                                                               
is no  way to do  that without going  through the court.  So they                                                               
return  to jail,  "but  really,  it was  a  preemptive move."  He                                                               
suggested  adding the  tool he  called  "shock incarceration"  of                                                               
bringing someone back  into jail to straighten them  out and give                                                               
them another shot at successfully re-entering.                                                                                  
                                                                                                                                
SENATOR FRENCH  asked if there  are offices around the  state are                                                               
doing better  than others, and  he asked  him to compare  them to                                                               
see what is working.                                                                                                            
                                                                                                                                
9:26:09 AM                                                                                                                    
CHAIR MCGUIRE said she is  greatly concerned about prisoners with                                                               
mental health  issues. The  state decided  to de-institutionalize                                                               
people  with mental  health problems  and  use a  community-based                                                               
model.  Cutting funding  to these  entities directly  corresponds                                                               
with  increased  incarcerations.   She  asked  what  Commissioner                                                               
Schmidt is doing  to address it. She noted that  there is a great                                                               
deal of  evidence that  if the underlying  disease is  taken care                                                               
of, then people can stop their criminal behavior.                                                                               
                                                                                                                                
9:27:35 AM                                                                                                                    
COMMISSIONER SCHMIDT  said there  is no  excuse for  committing a                                                               
crime,  but a  mentally ill  person may  be able  to change  with                                                               
counseling or  medication. There  are 33,000 bookings  each year,                                                               
and  more than  13,000 have  mental  illness issues.  He said  40                                                               
percent  of  the inmates  suffer  from  mental illness  including                                                               
brain injury,  mental retardation, and  developmental disability.                                                               
He said 18  percent have a serious chronic  illness like bi-polar                                                               
or schizophrenia. His  mental health staff sees  100 new patients                                                               
each  month.  In  the  1950s   there  were  560,000  hospitalized                                                               
nationwide, in  the 1980s it dropped  to 130,000, and in  2002 it                                                               
was 61,000. "Where did they go?  I know where they went." He said                                                               
he  can't answer  the question  of whether  they should  be in  a                                                               
hospital or in a prison.  But as the commissioner of corrections,                                                               
they  are in  his  hands  so he  hires  mental  health staff  and                                                               
supports the  mental health units.  When a prisoner  is seriously                                                               
assaultive, that person  will go into a maximum  security unit to                                                               
keep  everyone safe.  The mental  health  units can  be far  more                                                               
dangerous because it is difficult  to see the behavior coming on.                                                               
The  units are  effective. He  said he  doesn't know  how to  fix                                                               
recidivism, but he  will try some things that have  worked in the                                                               
past. Listening to the community is important, he said.                                                                         
                                                                                                                                
9:30:59 AM                                                                                                                    
CHAIR MCGUIRE said  she applauds his answer and  the knowledge of                                                               
who  is  coming  into  the   prisons  and  coming  out.  Alaska's                                                               
framework includes  rehabilitation, and  a 60  percent recidivism                                                               
rate shows that the state  is failing. If underlying problems can                                                               
be cured, it is better for everyone, she stated.                                                                                
                                                                                                                                
^Confirmation Hearing, Commissioner, Department of Public Safety                                                                
                                                                                                                                
WALT MONEGAN, Commissioner Designee,  Department of Public Safety                                                               
(DPS),  said in  33  years  of working  in  the Anchorage  Police                                                               
Department, he found  that he loves the challenge  of police work                                                               
and the people he works with. He  said he spent much of his youth                                                               
in  the Bush,  and it  is a  part of  Alaska that  sometimes gets                                                               
overlooked.  He  said he  wants  to  enhance  the safety  of  all                                                               
Alaskans. The DPS is much more  than troopers or airplanes; it is                                                               
also  public  transportation,  education, and  working  with  the                                                               
communities.  If DPS  does  its  job well,  it  will  ease up  on                                                               
Commissioner Schmidt's workload.                                                                                                
                                                                                                                                
9:34:04 AM                                                                                                                    
SENATOR STEVENS said the issues  in rural Alaska are enormous. He                                                               
spoke of  the VPSO  [Village Public  Safety Officer]  program and                                                               
family members arresting each other.                                                                                            
                                                                                                                                
COMMISSIONER MONEGAN said  the VPSO program was  a great concept,                                                               
but it  has not been  nurtured. He  wants it formalized  with set                                                               
expectations. It  needs to be part  of an overall effort  and not                                                               
be an  island in  a small  community with  no other  support. The                                                               
best way to  do that is to work with  the Alaska Police Standards                                                               
Council to create  tiers of peace officers.  Then standards could                                                               
be set  for hiring and  training so  that anyone entering  a tier                                                               
could know what must be done to rise to the next tier.                                                                          
                                                                                                                                
9:36:28 AM                                                                                                                    
SENATOR FRENCH  asked about  the tier  program because  it sounds                                                               
innovative and like a big step forward.                                                                                         
                                                                                                                                
COMMISSIONER  MONEGAN said  currently  there  are village  police                                                               
officers,   tribal  police   officers,   village  public   safety                                                               
officers, troopers,  and municipal  police officers.  Village and                                                               
tribal police are often selected  by the community and then given                                                               
minimal  training and  equipment  and sent  out  to police  their                                                               
communities.  They  might  not otherwise  qualify  to  be  police                                                               
officers because of their background,  but they are still willing                                                               
to serve.  The next level,  the VPSO, requires  background checks                                                               
and more extensive training. The  third level would be the Alaska                                                               
State Troopers or the municipal  police officer. He would like to                                                               
put them into a tier system.  The village and tribal police would                                                               
be tier  one with a certain  set of standards. Tier  two would be                                                               
the  VPSO, and  tier three  would be  the troopers  and municipal                                                               
police  officers.  If  it  all runs  through  the  Alaska  Police                                                               
Standards Council, each  level would be documented,  "so that any                                                               
individual in  any one of the  tiers, if they decide  to advance,                                                               
they can build upon their  former trainingā¦and feel that they are                                                               
part  of  something  larger  than  themselves  and  move  towards                                                               
enhancing public safety throughout the state."                                                                                  
                                                                                                                                
9:39:33 AM                                                                                                                    
SENATOR GREEN noted that funding  varies for the different levels                                                               
of officers, and she asked if that will change.                                                                                 
                                                                                                                                
COMMISSIONER  MONEGAN  said  no,   he  would  envision  a  formal                                                               
structure,  and  any  community  that  wants  to  develop  a  law                                                               
enforcement presence can select which level is appropriate.                                                                     
                                                                                                                                
CHAIR  MCGUIRE  encouraged  Commissioner  Monegan  to  train  and                                                               
recruit young  Alaskans. There are not  enough probation officers                                                               
or other  public safety  people. She noted  that the  state crime                                                               
lab is a big  passion of hers, and she said the  lab should be up                                                               
and working  at the level  of other  states. A coroner  was added                                                               
two years  ago because  one coroner  cannot be  in two  places at                                                               
once. She asked for assurance that the crime lab would stay.                                                                    
                                                                                                                                
9:41:32 AM                                                                                                                    
COMMISSIONER  MONEGAN  said  helping  Alaskans  get  into  public                                                               
safety  careers  is  important,  and  it  is  difficult  to  find                                                               
qualified people  throughout the  nation. He  said the  people at                                                               
the crime  lab are wonderful  and dedicated, and they  work under                                                               
pressure, and he will give them the encouragement they deserve.                                                                 
                                                                                                                                
CHAIR MCGUIRE  moved to  forward the  names of  Annette Kreitzer,                                                               
Joe  Schmidt,   and  Walt   Monegan  to   a  joint   session  for                                                               
consideration. Hearing no objections, it was so ordered.                                                                        
                                                                                                                                
         SB  75-EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                                      
                                                                                                                                
9:43:34 AM                                                                                                                    
CHAIR McGUIRE announced the consideration of SB 75.                                                                             
                                                                                                                                
SENATOR KIM  ELTON, Alaska State  Legislature, sponsor of  SB 75,                                                               
said  the  bill extends  the  Council  on Domestic  Violence  and                                                               
Sexual Assault, which is due to  expire in June. Between 2000 and                                                               
2004 there  were over 32,000  incidents of domestic  violence and                                                               
sexual  assault reported  across  Alaska.  Extending the  council                                                               
will  provide  continued  program planning  and  coordination  of                                                               
victim  services.  He noted  that  Legislative  Budget and  Audit                                                               
supports the extension,  and it has been endorsed  by the Network                                                               
on   Domestic  Violence   and  Sexual   Assault,  Juneau   Police                                                               
Department,  Standing  Together  Against  Rape,  Sitkans  against                                                               
Family  Violence,  Abused Women,  Women's  Aid  in Crises,  Kenai                                                               
LeeShore  Center,  Tundra   Women's  Clinic,  Unalaskans  against                                                               
Sexual  Assault  and  Family Violence,  and  the  Alaska  Women's                                                               
Lobby.                                                                                                                          
                                                                                                                                
9:45:34 AM                                                                                                                    
SENATOR GREEN said  there have been many  conversations about the                                                               
network  and   the  council  including   "a  certain   amount  of                                                               
questions."  She said  the extension  is  too long,  and she  has                                                               
talked to  people about having  study groups  gather information.                                                               
There is some concern, she said.  She asked to extend the council                                                               
to 2011 instead of 2014.                                                                                                        
                                                                                                                                
SENATOR ELTON said  he has been part of  those conversations, and                                                               
he agrees that  there needs to more. He said  that everybody sees                                                               
the need  for the council and  a need to continue  discussions on                                                               
how the  council does business  and who  sits on the  council. He                                                               
advocates a  rural designee, for  example. The  conversations can                                                               
be done within the context  of the extension, he stated. Alaska's                                                               
House of  Representatives bill  extends the  council to  2011. He                                                               
doesn't have a strong opinion on the time period.                                                                               
                                                                                                                                
SENATOR GREEN  said the task force  to be formed would  begin its                                                               
work immediately. It would have  a plan in place regarding "where                                                               
the people  come from and  who's contributing  to it and  what is                                                               
the  role of  whom,  so there  is a  little  more assurance  that                                                               
everyone is in agreement."                                                                                                      
                                                                                                                                
She moved Amendment 1:                                                                                                          
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "2014"                                                                                                       
          Insert "2011"                                                                                                       
                                                                                                                                
Hearing no objections, Amendment 1 passed.                                                                                      
                                                                                                                                
CHAIR MCGUIRE  said she has  visited the Alaska  Women's Resource                                                               
Center in  Anchorage, and she  said, "In our  community, Covenant                                                               
House, certainly for  young women, is a place that  will often be                                                               
a refuge  for those who are  seeking help in a  domestic violence                                                               
situation at  a young age.  Stepping Stones-to get in  you've got                                                               
to have been  in a domestic violence situation and  have a child.                                                               
Then you  have AWAKE, and  so forth."  She asked how  this agency                                                               
helps bring those groups together and facilitates help.                                                                         
                                                                                                                                
SENATOR  ELTON said  the  council works  with  federal and  state                                                               
money and the  process is semi-protected from  decisions that are                                                               
made   by  elected   officials.   The  decisions   are  made   by                                                               
professionals. The council has members  from the executive branch                                                               
and  from  service  providers.  He said  others  can  answer  the                                                               
question about delivery of services to the other groups.                                                                        
                                                                                                                                
9:51:27 AM                                                                                                                    
CHRIS  ASHENBRENNER, Interim  Program  Administrator, Council  on                                                           
Domestic  Violence  and Sexual  Assault,  said  the council  uses                                                               
communication to  coordinate the multiple services  and agencies.                                                               
The  council funds  the  20 victim  service  agencies around  the                                                               
state with a  two-year funding cycle. The  council funds training                                                               
and participates  with its sister agency-the  Network on Domestic                                                               
Violence and  Sexual Assault,  which is  the advocacy  agency for                                                               
many of  the victim  service programs as  well as  other programs                                                               
that may  not be  members of  the network.  She said  the council                                                               
coordinates  trainings and  venues  for  discussions on  domestic                                                               
violence and sexual assault.                                                                                                    
                                                                                                                                
CHAIR MCGUIRE asked about administrative  overhead. When she goes                                                               
onsite, it is  always a tough day seeing people  in a tough life,                                                               
and  the resources  are never  enough. She  noted that  people in                                                               
Stepping Stones are trying to get  back on their feet, get a job,                                                               
and get their children in day care.                                                                                             
                                                                                                                                
MS.  ASHENBRENNER  said  overhead  is about  ten  percent,  which                                                               
includes the council administrative  offices that do auditing and                                                               
the council  itself, which  has quarterly  meetings. She  said 76                                                               
percent of the funding goes directly to victim service programs.                                                                
                                                                                                                                
9:54:58 AM                                                                                                                    
MS.  ASHENBRENNER said  she would  be happy  to participate  in a                                                               
report. She urged movement of the  bill so the council can do its                                                               
work instead of figuring out how to dismantle.                                                                                  
                                                                                                                                
9:55:45 AM                                                                                                                    
WALT MONEGAN, Commissioner Designee,  Alaska Department of Public                                                               
Safety, said  police officers responding to  domestic violence or                                                               
sexual assault  only work on  a problem  to a certain  point, and                                                               
that  is  not  enough.  Organizations  such  as  the  Council  on                                                               
Domestic  Violence  and  Sexual  Assault are  necessary  to  help                                                               
people "get the rest of the way." He strongly supports the bill.                                                                
                                                                                                                                
9:57:43 AM                                                                                                                    
SENATOR  FRENCH moved  SB  75, as  amended,  from committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, CSSB 75(STA) passed from committee.                                                                         
                                                                                                                                
         SB  43-CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                                     
                                                                                                                                
9:58:10 AM                                                                                                                    
CHAIR MCGUIRE announced the consideration of SB 43.                                                                             
                                                                                                                                
SENATOR  GENE THERRIAULT,  Alaska State  Legislature, said  SB 43                                                               
will encourage  Alaskans to  give more  to charity.  The Rasmuson                                                               
Foundation  offered to  underwrite the  expense of  operating the                                                               
system by which Alaskans can  donate a portion of their permanent                                                               
fund  dividend to  qualified organizations.  The foundation  will                                                               
cover the  expenses for three years,  and the fiscal note  is the                                                               
estimation of the cost of  running the program. The ultimate goal                                                               
is to increase private philanthropy  in Alaska. Alaskans who earn                                                               
$100,000 or  more rank  49th or  50th in the  nation in  terms of                                                               
giving.  Alaskans with  lower income  give more  than those  with                                                               
middle or  high income.  Senator Therriault  believes that  SB 43                                                               
will  help  encourage  those  Alaskans to  give  more  by  making                                                               
contributing  easier. There  is a  zero fiscal  note, so  for the                                                               
first three  years, 100 percent of  the donations will go  to the                                                               
charities. The Rasmuson  Foundation would be an  agent to operate                                                               
the  program.  Participating charities  would  need  to meet  the                                                               
criteria set out in the bill.  The donation would be noted on the                                                               
electronic application  for the dividend.  There would be  a drop                                                               
down menu  for who  to give to  and how much.  The gift  could be                                                               
made to a general category or to a specific group.                                                                              
                                                                                                                                
10:02:26 AM                                                                                                                   
SENATOR THERRIAULT said the process  would be easy, and he listed                                                               
the   criteria   for   participating  charities.   The   Rasmuson                                                               
Foundation  is very  familiar with  the organizations  around the                                                               
state. He  said he worked  with the Department  of Administration                                                               
to make  sure the program would  be easy to administer.  The bill                                                               
has  been  written  to  steer   contributions  toward  youth  and                                                               
workforce  development, the  arts, elderly  services, low  income                                                               
individuals,  individuals in  emergency situations,  disabled and                                                               
mentally  ill individuals,  and community  foundations. Anchorage                                                               
and Kenai have community foundations,  which build up trusts from                                                               
estate gifts to support community entities, he explained.                                                                       
                                                                                                                                
10:04:45 AM                                                                                                                   
SENATOR THERRIAULT  said organizations  would have to  prove they                                                               
meet  the  criteria,  including   having  a  voluntary  board  of                                                               
directors who are  all Alaska citizens. At least  five percent of                                                               
their annual receipts  must come from contributions,  and if they                                                               
have  a total  annual  budget of  more  $250,000, an  unqualified                                                               
audit must be performed. The  legislation sets up a trial program                                                               
that  will  sunset  in  2010,   and  if  it  is  successful,  the                                                               
legislature can move or eliminate the sunset date.                                                                              
                                                                                                                                
10:06:49 AM                                                                                                                   
SENATOR GREEN asked if an elementary school would qualify.                                                                      
                                                                                                                                
SENATOR  THERRIAULT said  there has  been debate  about including                                                               
every school and the complexity of that.                                                                                        
                                                                                                                                
HEATHER  BRAKES, staff  to  Senator  Therriault, said  elementary                                                               
schools would not be eligible.                                                                                                  
                                                                                                                                
SENATOR  FRENCH asked  how Senator  Therriault came  up with  the                                                               
charitable programs that would be included.                                                                                     
                                                                                                                                
SENATOR THERRIAULT said  he stayed away from any  groups that are                                                               
in politically-sensitive  areas. "So  we just  tried to  draw the                                                               
line with  organizations that we believeā¦have  general support in                                                               
the  public;  did  not  stray into  the  political  arena;  their                                                               
function  is  readily  understandable,  identifiable;  trying  to                                                               
steer clear of  the groups that would potentially  get the effort                                                               
into trouble."                                                                                                                  
                                                                                                                                
10:09:31 AM                                                                                                                   
SENATOR  STEVENS said  the university  has a  foundation, and  he                                                               
asked how to  give to a particular campus.  He questioned whether                                                               
smaller campuses are 501C3 organizations.                                                                                       
                                                                                                                                
SENATOR THERRIAULT said he is not  sure, but any group could take                                                               
steps  to  create  an  organization   to  fit  the  criteria.  He                                                               
suggested speaking with the university.                                                                                         
                                                                                                                                
10:11:04 AM                                                                                                                   
SENATOR GREEN asked about Rasmuson Foundation's involvement.                                                                    
                                                                                                                                
SENATOR THERRIAULT said  they have agreed to pick  up the expense                                                               
of operating the program, and it  is outlined on the fiscal note,                                                               
including  software and  reprogramming.  After  three years,  the                                                               
foundation will step out of the  program, and it will become self                                                               
supporting. A  portion of  the donations would  then be  used for                                                               
the operating expenses.                                                                                                         
                                                                                                                                
10:12:18 AM                                                                                                                   
SENATOR  GREEN asked  who  would  do that  work  if the  Rasmuson                                                               
Foundation didn't do it.                                                                                                        
                                                                                                                                
SENATOR THERRIAULT  said it could  come out of  the contributions                                                               
themselves. The drafters  wanted to make it clear  that a portion                                                               
of the  giving will underwrite  the administrative  expense after                                                               
the three years that Rasmuson covers it.                                                                                        
                                                                                                                                
SENATOR GREEN said  she is nervous about the  connection with the                                                               
Rasmuson Foundation. "As  it and the Denali  Commission came into                                                               
being  years  ago,  at  different  times,  it  was  sort  of  our                                                               
assumption, certainly mine, that there  would not be a connection                                                               
between the state  budget and what they did as  foundations or as                                                               
a  commission. And  that seems  to be  kind of  diminishing, that                                                               
clear  line  between  it.  And  it kind  of  bothers  me;  and  I                                                               
understand the reason,  but it kind of bothers  me because, would                                                               
they then be  inclined, in the sunset year, to  become a lobbyist                                                               
for the program to the government?"  She said there needs to be a                                                               
clear line between foundations and the state budget.                                                                            
                                                                                                                                
10:14:42 AM                                                                                                                   
SENATOR THERRIAULT said he doesn't  fully understand the concern.                                                               
The Rasmuson Foundation is just  pledging money over the start-up                                                               
years to get the program up and  running. He said it is not money                                                               
like the mental health trust  that started a state program. There                                                               
will never  be any crossover  between the state treasury  and the                                                               
money going to the charities, he explained.                                                                                     
                                                                                                                                
CHAIR  MCGUIRE said  she understands  Senator Green,  but Senator                                                               
Therriault  explained the  distinction  well. Seed  money from  a                                                               
foundation  that  puts   a  program  into  place   can  create  a                                                               
constituency  and  a  dependency.  She said  it  reminds  her  of                                                               
federal matching funds, "for only  ten percent, you, too, get all                                                               
of these things,  but then once they're gone, we're  left to pick                                                               
up the tab."  But this is different, because  the foundation just                                                               
pays the  set-up costs, and  general funds  are not used.  If the                                                               
program continues,  the contributors  will pay  for it.  By 2010,                                                               
the state can see if people are  using it. She said she likes the                                                               
bill  and it  amazes her  "that  sometimes you  have to  motivate                                                               
humans in  a direction." There is  no law that keeps  people from                                                               
giving some of their dividend to  charity, but this will create a                                                               
reminder and  encouragement. Senator  Therriault has done  a good                                                               
job making sure money doesn't come out of state coffers.                                                                        
                                                                                                                                
10:17:55 AM                                                                                                                   
SENATOR THERRIAULT  said he understands  that some  programs need                                                               
state funds, but  this program doesn't. If  contributions are not                                                               
enough to pay for it, it will sunset.                                                                                           
                                                                                                                                
10:18:49 AM                                                                                                                   
SENATOR  THERRIAULT   said  the  next  year's   dividend  may  be                                                               
$1,500.00, and he  hopes Alaskans will feel  generous because the                                                               
money "just  accrues to them for  drawing breath in the  State of                                                               
Alaska for a 12-month period."                                                                                                  
                                                                                                                                
SENATOR FRENCH noted  that the first few years  his full donation                                                               
will go to  the charity, and he asked what  percentage will go to                                                               
administrative overhead  after that. Alaskans could  believe that                                                               
they are giving the full amount, he said.                                                                                       
                                                                                                                                
SENATOR  THERRIAULT  said  the   major  expense  is  the  upfront                                                               
programming,  and  then   it  drops  down  to   $91,000.  So  the                                                               
individual Alaskan can decide to check a box or write a check.                                                                  
                                                                                                                                
10:21:37 AM                                                                                                                   
CHAIR MCGUIRE said there are  always overhead costs, and citizens                                                               
should know how much of their donation goes to the charity.                                                                     
                                                                                                                                
SENATOR  FRENCH  said  there  will  be  an  additional  layer  of                                                               
overhead,  and   it  is  somewhat  masked   by  the  foundation's                                                               
participation in  the first couple of  years. It may turn  out to                                                               
be negligible if a lot of people participate.                                                                                   
                                                                                                                                
SENATOR  THERRIAULT  said  that  when  he writes  a  check  to  a                                                               
charity, part of the money goes  to the mailing expense. He noted                                                               
that people can find out what charities have low overhead.                                                                      
                                                                                                                                
10:23:21 AM                                                                                                                   
SENATOR GREEN asked  how to declare the dividend income  and if a                                                               
person's tax liability goes down.                                                                                               
                                                                                                                                
SENATOR THERRIAULT  said the  income would be  the same  but then                                                               
there would be the charitable deduction.                                                                                        
                                                                                                                                
MICHELLE BROWN,  United Way  of Anchorage,  said she  supports SB
43. Alaskans have a wonderful  tradition of being good neighbors,                                                               
but  that tradition  needs to  grow  into a  tradition of  giving                                                               
dollars,  which  is  a  great  way  to  invest  money  back  into                                                               
communities. Government  cannot do everything, she  said. Much of                                                               
Alaska's quality  of life comes  from nonprofits  and volunteers.                                                               
Many  organizations  care  for   kids  and  connect  people  with                                                               
healthcare. They ensure  that people are housed and  fed, so they                                                               
can pay  attention to education  and work. Many issues  that seem                                                               
to  be personal,  like domestic  violence,  really have  enormous                                                               
financial and societal implications. She said  SB 43 is a way for                                                               
people to invest  in the quality of their communities,  and it is                                                               
very cost effective because  nonprofits are efficient. Nonprofits                                                               
employ about one in ten employed  Alaskans with a payroll of over                                                               
$1.1 billion, so they help  Alaska's economy. She said the United                                                               
Way of  Anchorage will help  implement the legislation and  has a                                                               
long  history  of   managing  donor-designated  fundraising.  She                                                               
stated that the United Way  would implement the legislation as it                                                               
is written, and it could be up and running very quickly.                                                                        
                                                                                                                                
10:27:31 AM                                                                                                                   
SAMMYE POKRYFKI,  Program Officer,  Rasmuson Foundation,  said SB
43 provides an easy way  to make charitable donations to favorite                                                               
nonprofits.  The   Rasmuson  Foundation   is  a   private  family                                                               
foundation funding nonprofits  in every corner of  the state. She                                                               
said it has  offered to pay for all startup  costs because Alaska                                                               
has  more nonprofits  per  capita than  any  other state-one  for                                                               
every  110 Alaskans.  The nonprofits  are famous  for doing  more                                                               
with less. Alaska depends on  them to provide essential services,                                                               
but  the  demand on  those  services  far outstrips  the  funding                                                               
available.  The   legislature  and   other  major   funders  have                                                               
indicated that  nonprofits must become more  sustainable. One way                                                               
to do that  is to augment public funding  with donated charitable                                                               
dollars, she stated.  Supporting nonprofits makes a  lot of sense                                                               
socially  and  economically. In  2006,  a  study found  that  the                                                               
nonprofit sector was a major  part of Alaska's economy. There are                                                               
19 public  charities among the  100 largest private  employers in                                                               
Alaska. They  make significant expenditures in  the state. Alaska                                                               
nonprofits are overly dependent on  federal dollars, at almost $1                                                               
billion last year alone. A  big part of becoming more sustainable                                                               
is increasing the amount of  individual charitable giving, and SB
43 will help do that for an even bigger economic impact.                                                                        
                                                                                                                                
10:30:50 AM                                                                                                                   
CHAIR MCGUIRE  said she likes the  bill and hopes to  move it out                                                               
on  Thursday. She  requested an  amendment that  would limit  the                                                               
overhead or  disclose it after  the Rasmuson  Foundation departs.                                                               
She said she  would like to hear from the  Alaska Permanent Fund,                                                               
and it is a great bill. SB 43 was held over.                                                                                    
                                                                                                                                
The Senate State Affairs Committee adjourned at 10:32 AM.                                                                     
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