Legislature(2021 - 2022)GRUENBERG 120
03/08/2022 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB387 | |
| SB71 | |
| HB291 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 387 | TELECONFERENCED | |
| += | SB 71 | TELECONFERENCED | |
| += | HB 291 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 291-EXTENDING COUNCIL ON DOMESTIC VIOLENCE
4:25:04 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 291, "An Act extending the termination
date of the Council on Domestic Violence and Sexual Assault; and
providing for an effective date."
4:25:36 PM
REPRESENTATIVE TARR, prime sponsor of HB 291, provided an
explanation of changes [hard copy included in the committee
packet] in the proposed committee substitute (CS), Version G,
which read as follows [original punctuation provided]:
Following feedback from our partners, we have included
several changes to HB 291:
Section 1: This section amends AS 18.66.020 to
expand the public membership of the Council on
Domestic Violence and Sexual Assault (CDVSA) to
include a representative from an Alaska Native
Organization. This section also allows for the
governor to consult specifically with the Alaska
Native Womens Resource Center during the appointment
process. The Alaska Native Womens Resource Center
(AKNWRC) and the Alaska Network on Domestic Violence
and Sexual Assault (ANDVSA) also will submit a list of
recommended appointees to the governor.
o This section also creates a new subsection (7) under
AS 18.66.020(a) to include another new member to the
CDVSA, the CEO of the Alaska Mental Health Trust
Authority (or their designee). This ensures that there
is a balance between the governmental and public
members of this council.
Section 2: This section amends AS 18.66.020(d) in
order to add a definition for Alaska Native
organization,which is based on federal statute (43
USC 1601 et seq and 25 USC 5304). There are also
numbering changes to reflect the newly-added
definition.
Section 3: This section extends the length of the
CDVSA to June 30, 2028.
Section 4: This section states that this Act takes
effect immediately.
4:30:11 PM
REPRESENTATIVE VANCE asked, "How can we fill this specific need
in a way that does not specifically identify a race or ethnicity
in this policy?" She said she understood the need to have
Alaska Native representation on the council; nonetheless, she
believed that the proposed language was problematic.
4:31:36 PM
DIANE CASTRO, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, sought to confirm that
Representative Vance was suggesting to replace the term "Alaska
Native" with a broader term.
REPRESENTATIVE VANCE requested insight into the deliberation
process for choosing the term "Alaska Native." She said she was
struggling with the idea of prescribing a specific race for the
eligibility criteria.
4:33:12 PM
MS. CASTRO reported that Alaska Native women experience the
highest rates of domestic violence in Alaska; therefore, she
believed it was unequitable to create a council to address these
issues with white urban people. She acknowledged that the
intent of the original language, which designated a "rural"
position, was meant to capture Alaska Native representation;
however, the position was currently filled with someone from
Kenai, which didn't meet that intent. She opined that working
with Alaska Native partners was critical to ensure that their
voices were being heard.
4:36:33 PM
MS. CASTRO, in response to a follow-up question from
Representative Vance, opined that specifically designating a
position for Alaska Native representation would show Alaska
Native women that their voices were important. Additionally,
she opined that without specifying "Alaska Native" in the
appointment requirements, Alaska Native representation would be
left to chance.
4:39:53 PM
REPRESENTATIVE EASTMAN recalled that Ms. Castro had stated that
the rural position was being filled by someone from Kenai. He
asked why the statute wasn't being followed in that regard.
MS. CASTRO believed it was an oversight
REPRESENTATIVE EASTMAN directed attention to page 1, lines 7-8
of the proposed CS, Version G, which identified that one of the
public members shall be from a rural area, and another of whom
shall be an Alaska Native representative. He pointed out that
one person could fill both requirements.
MS. CASTRO said ideally, the board would have regional
representation.
REPRESENTATIVE EASTMAN concluded that the intent was to secure
representation from both rural and urban Alaska Native
organizations. He asked if that was correct.
MS. CASTRO said not necessarily.
REPRESENTATIVE EASTMAN inquired about the definition of "Alaska
Native organization" and asked whether a person of a different
ethnicity could qualify as the Alaska Native representative.
MS. CASTRO explained that tribal organizations hired many
different races, so technically, the Alaska Native member could
be someone that may not be Alaska Native. Nonetheless, she said
the intent was to fill that seat with an Alaska Native person.
4:44:25 PM
REPRESENTATIVE CLAMAN moved to adopt the proposed committee
substitute (CS) for HB 291, labeled 32-LS1425\B, Radford,
2/16/22, Version G, as the working document.
REPRESENTATIVE EASTMAN objected.
4:45:03 PM
A roll call vote was taken. Representatives Tarr, Story,
Claman, and Kreiss-Tomkins voted in favor of adopting the
proposed CS for HB 291. Representatives Eastman, Kaufman, and
Vance voted against it. Therefore, Version G was adopted as the
working document by a vote of 4-3.
4:45:52 PM
REPRESENTATIVE VANCE clarified that she was in support of having
Alaska Native representation on the council; however, she
maintained her concern about prescribing a position based on
race.
4:48:21 PM
REPRESENTATIVE CLAMAN directed attention to page 1, line 9,
which provided that the governor may consult with the Alaska
Network on Domestic Violence and Sexual Assault (ANDVSA) and the
Alaska Native Women's Resource Center (ANWRC), as well as page
1, lines 12-13, which provided that the ANDVSA and ANWRC shall
submit a list to the governor of recommendations. He suggested
changing the "may" on line 9 to "shall", because if the
organizations were required to submit a list of recommendations,
the governor should be required to consult with them, he opined.
4:49:12 PM
REPRESENTATIVE TARR explained that the "shall" on line 13 would
create the responsibility for the organizations to submit names
for recommendation, whereas the "may" in question would allow
the governor to hold a consulting roll whilst still making
his/her own decision on the appointments.
MS. CASTRO agreed.
4:51:38 PM
REPRESENTATIVE KAUFMAN asked how the selection process accounted
for competency, as opposed to being solely based on geography.
REPRESENTATIVE TARR noted that the topic came up when
determining the prescriptiveness of the bill language. She
acknowledged that there was not specific language that addressed
the board members' competency or experience.
4:54:32 PM
CHAIR KREISS-TOMKINS opined that in this case, the members'
competency was dependent on the governor and the legislature's
ability to identify competent people.
REPRESENTATIVE KAUFMAN emphasized the importance of considering
ideal skillsets.
4:56:20 PM
REPRESENTATIVE EASTMAN inquired about the addition of the Alaska
Mental Health Trust Authority's CEO and asked whether it was
included by request.
MS. CASTRO answered no. She pointed out that the beneficiaries
of the Alaska Mental Health Trust Authority (AMHTA) were also
many of the same people that ANDVSA worked with.
CHAIR KREISS-TOMKINS asked whether AMHTA supported this
language.
MS. CASTRO shared her understanding that AMHTA Health Trust
Authority was supportive.
REPRESENTATIVE EASTMAN requested documents that confirmed
AMHTA's support.
5:00:25 PM
CHAIR KREISS-TOMKINS announced that HB 291 was held over.