02/11/2002 01:04 PM House JUD

HB 332 - EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                                               
                                                                                                                                
Number 0074                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that the  last order of  business would                                                               
be HOUSE BILL NO. 332, "An  Act extending the termination date of                                                               
the  Council  on  Domestic  Violence   and  Sexual  Assault;  and                                                               
providing for  an effective date."   He noted that  the committee                                                               
has received a proposed committee  substitute (CS) that addresses                                                               
a concern discussed at the prior hearing on HB 332.                                                                             
                                                                                                                                
Number 0116                                                                                                                     
                                                                                                                                
PATTI SWENSON,  Staff to Representative  Con Bunde,  Alaska State                                                               
Legislature, sponsor,  on behalf  of the sponsor,  confirmed that                                                               
the  proposed  CS  does  address  that  concern,  and  asked  the                                                               
committee to also consider amending  the proposed CS to say "may"                                                               
instead of "shall" on page 1, line  6.  She explained that such a                                                               
change would give the executive  director flexibility with regard                                                               
to  hiring  staff;  for  example, if  there  are  ten  authorized                                                               
positions, the executive  director would not have to  fill all of                                                               
those  positions  if  budget constraints  prevailed.    She  also                                                               
suggested deleting  from page 1,  lines 7-8, "that  is authorized                                                           
by  the  legislature in  the  budget  documents relating  to  the                                                           
council".  She  opined that this change would  give the executive                                                           
director  the  flexibility "to  change  the  office around";  for                                                               
example, if  a grant  writer was  needed, the  executive director                                                               
could fill that need instead of hiring two clerical staff.                                                                      
                                                                                                                                
Number 0240                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  moved to  adopt the  proposed committee                                                               
substitute  (CS) for  HB  332,  version 22-LS1290\C,  Lauterbach,                                                               
2/8/02, as  a work draft.   There  being no objection,  Version C                                                               
was before the committee.                                                                                                       
                                                                                                                                
Number 0297                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ made  a  motion to  adopt Amendment  1,                                                               
which would replace "shall" with "may"  on page 1, line 6.  There                                                               
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
Number 0324                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ made  a  motion to  adopt Amendment  2,                                                               
which would delete "that is  authorized by the legislature in the                                                           
budget documents relating  to the council" from page  1, lines 7-                                                           
8.                                                                                                                              
                                                                                                                                
REPRESENTATIVES JAMES and OGAN objected.                                                                                        
                                                                                                                                
REPRESENTATIVE JAMES  opined that  the executive  director should                                                               
only hire  staff as  authorized by  the legislature,  adding that                                                               
this may mean that the council might still have empty positions.                                                                
                                                                                                                                
REPRESENTATIVE   BERKOWITZ    said   that   according    to   his                                                               
understanding of  Ms. Swenson's testimony, "if  we require hiring                                                               
and staff decisions to be  made according to budget documents, it                                                               
precludes hiring  decisions being made,  say, if there's  a grant                                                               
or other source [of funds] that comes to the council."                                                                          
                                                                                                                                
MS.  SWENSON clarified  that that  is not  exactly what  she said                                                               
although  it is  also true.   She  said that  by taking  out that                                                               
language, it  would give the  executive director  the flexibility                                                               
to  change the  office  makeup  around, and  still  hire what  is                                                               
authorized within  the budget; authorized funds  for two clerical                                                               
staff, for example, could be used instead for one grant writer.                                                                 
                                                                                                                                
CHAIR ROKEBERG called an at-ease from 2:49 p.m. to 2:50 p.m.                                                                    
                                                                                                                                
MS. SWENSON, in  an effort to alleviate  concerns, suggested that                                                               
instead  of the  change  proposed by  Amendment  2, the  language                                                               
could be altered to say:   "the executive director may hire staff                                                               
not to exceed the budget authorization".                                                                                        
                                                                                                                                
REPRESENTATIVE BERKOWITZ objected.                                                                                              
                                                                                                                                
REPRESENTATIVE JAMES  also objected, and said  that "that assumes                                                               
that  everyone's  going   to  go  out  and   exceed  the  [budget                                                               
authorization]."                                                                                                                
                                                                                                                                
CHAIR ROKEBERG proposed leaving the  language on page 1, lines 7-                                                               
8, as  is, and suggested that  if the sponsor wants  to propose a                                                               
further  change to  the authorization  language, he  could do  so                                                               
before the House Finance Committee.                                                                                             
                                                                                                                                
REPRESENTATIVE BERKOWITZ withdrew Amendment 2.                                                                                  
                                                                                                                                
Number 0609                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ  moved to report the  proposed committee                                                               
substitute  (CS) for  HB  332,  version 22-LS1290\C,  Lauterbach,                                                               
2/8/02,   as   amended,   out  of   committee   with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,   CSHB  332(JUD)  was  reported   from  the  House                                                               
Judiciary Standing Committee.