Legislature(1993 - 1994)

02/01/1993 03:00 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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           HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                         
                       STANDING COMMITTEE                                      
                        February 1, 1993                                       
                            3:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Cynthia Toohey, Co-Chair                                                
  Rep. Con Bunde, Co-Chair                                                     
  Rep. Gary Davis, Vice Chair                                                  
  Rep. Al Vezey                                                                
  Rep. Pete Kott                                                               
  Rep. Harley Olberg                                                           
  Rep. Bettye Davis                                                            
  Rep. Irene Nicholia                                                          
  Rep. Tom Brice                                                               
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  EO 84:    Consolidating the duties and functions of the                      
            Alaska Women's Commission and the Alaska                           
            Commission on Children and Youth into a new Alaska                 
            Human Relations Commission in the Governor's                       
            Office.                                                            
                                                                               
            HELD OVER TO TIME UNCERTAIN                                        
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Kristie Leaf, Executive Director                                             
  Boards and Commissions                                                       
  Office of the Governor                                                       
  P.O. Box 110001                                                              
  Juneau, Alaska 99811                                                         
  Phone:  (907) 465-3500                                                       
  Position Statement:  Supported EO 84                                         
                                                                               
  Nancy Kuhn                                                                   
  6080 Amy-Dyan Road                                                           
  Fairbanks, Alaska 99712                                                      
  Phone:  (907) 488-0329                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Meg Gaydosik, Board Member                                                   
  American Association of University Women                                     
  1024 Fifth Ave.                                                              
  Fairbanks, Alaska 99701                                                      
  Phone:  (907) 456-8389                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Tom Schell, Director                                                         
  Parent and Family Center                                                     
  427 W. 12th St                                                               
  Juneau, Alaska 99801                                                         
  Phone:  (907) 586-5993                                                       
  Position Statement:  Opposed EO 84, Represented Catholic                     
                       Social Services                                         
                                                                               
  Carol Huntington                                                             
  American Association of School Boards                                        
  Galena, Alaska 99741                                                         
  Phone:  (907) 656-1312                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Virginia Phillips, Member                                                    
  Alaska Women's Commission                                                    
  404 Lake St. 2-D                                                             
  Sitka, Alaska 99835                                                          
  Phone:  (907) 747-8024                                                       
  Position Statement:  Supported EO 84                                         
                                                                               
  Carmen Lowry, Program Director                                               
  Tundra Women's Coalition                                                     
  P.O. Box 2316                                                                
  Bethel, Alaska 99559                                                         
  Phone:  (907) 543-3455                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Bryan Davidson                                                               
  Tundra Women's Coalition                                                     
  P.O. Box 1765                                                                
  Bethel, Alaska 99559                                                         
  Phone:  (907) 543-3444                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Ruth Lister, Member                                                          
  Fairbanks Alaska Women's Political Caucus                                    
  and the Alaska Women's Lobby                                                 
  1290 Jones Road                                                              
  Fairbanks, Alaska 99709                                                      
  Phone:  (907) 455-6886                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Bonnie Jack                                                                  
  1063 W. 20th Ave.                                                            
  Anchorage, Alaska 99503                                                      
  Phone:  (907) 279-4836                                                       
  Position Statement:  Opposed EO 84; Supported HSCR 1                         
                                                                               
  Lauree Hugonin                                                               
  P.O. Box 1537                                                                
  Bethel, Alaska 99559                                                         
  Phone:  (907) 543-3455                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  Valerie Davidson                                                             
  P.O. Box 22899                                                               
  Juneau, Alaska 99802                                                         
  Phone:  (907) 463-1899                                                       
  Position Statement:  Opposed EO 84; Former member of                         
                       the Alaska Commission on Children                       
                       and Youth                                               
                                                                               
  Sherrie Goll, Lobbyist                                                       
  Alaska Women's Lobby; KIDPAC                                                 
  P.O. Box 22156                                                               
  Juneau, Alaska 99802                                                         
  Phone:  (907) 463-6744                                                       
  Position Statement:  Opposed EO 84                                           
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  EO 84:  Was heard previously in the House State Affairs                      
          Committee on 1-19-93.                                                
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 93-8A, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIR TOOHEY called the meeting to order at 3:03 p.m. and                    
  noted members present.  She announced that the committee                     
  would hear Executive Order 84, Establishing the Alaska Human                 
  Relations Commission.  She noted that the meeting was being                  
  teleconferenced to Anchorage, Fairbanks, Sitka, and Galena.                  
                                                                               
  Number 037                                                                   
                                                                               
  KRISTIE LEAF, EXECUTIVE DIRECTOR OF BOARDS AND COMMISSIONS                   
  IN THE OFFICE OF THE GOVERNOR, introduced herself and                        
  announced she would testify in support of EO 84.  She                        
  presented the committee with an outline of her testimony and                 
  proceeded to read it to the committee.  (The document,                       
  identified as Attachment 1, is incorporated herein and is on                 
  file in the HESS committee room.)                                            
                                                                               
  MS. LEAF described how the Governor's Task Force on Boards                   
  and Commissions studied the question of merging some                         
  commissions to consider saving money; received public                        
  testimony more than 2-1 in support of a merger; and then                     
  unanimously recommended merging the Alaska Commission on                     
  Children and Youth (ACCY) and the Alaska Women's Commission                  
  (AWC) into a Human Relations Commission (HRC).  She said the                 
  duties of each commission would remain the same in the                       
  combined commission, but the membership would drop to nine                   
  from 21 in the two commissions.  The new commission budget                   
  would have to be higher, she said, and the governor would                    
  later this session ask for more money than the combined                      
  $60,700 the ACCY and AWC now receive.  Having completed her                  
  prepared testimony, Ms. Leaf asked for questions.                            
                                                                               
  (Rep. Nicholia arrived at 3:09 p.m.)                                         
                                                                               
  Number 128                                                                   
                                                                               
  REP. B. DAVIS asked Ms. Leaf how combining the two                           
  commissions would strengthen them.                                           
                                                                               
  MS. LEAF answered that combining the two commissions'                        
  budget, adding more money, and decreasing the number of                      
  commissioners would strengthen the ability of the single                     
  commission to perform both commissions' functions as defined                 
  in statute.                                                                  
                                                                               
  REP. B. DAVIS asked how much money the HRC would receive.                    
                                                                               
  MS. LEAF said it had not been determined.                                    
                                                                               
  REP. B. DAVIS asked whether the two commissions were able to                 
  carry out their duties in the two years they had each                        
  received about $30,000 in funding, and whether they had been                 
  successful.                                                                  
                                                                               
  MS. LEAF said she did not have a list of those                               
  accomplishments and could not comment on their success.                      
                                                                               
  REP. BUNDE asked Ms. Leaf to reconcile the zero fiscal note                  
  with the governor's intention to seek more funding for the                   
  HRC.                                                                         
                                                                               
  MS. LEAF answered that the commissions' past combined                        
  budgets had been as high as $344,000 in previous years, and                  
  a merged committee would require the $60,000 and more.                       
  "Relatively speaking, funds would be (unintelligible) when                   
  we look at the history of the two commissions' budgets," she                 
  said.                                                                        
                                                                               
  Number 178                                                                   
                                                                               
  CHAIR TOOHEY expressed her opposition to EO 84, as a Human                   
  Relations Commission would actually be a Family Commission                   
  addressing women's and children's issues, but not men's                      
  issues.  She suggested achieving the governor's intent to                    
  save money by reducing the Alaska Women's Commission and the                 
  Alaska Commission on Children and Youth to five members                      
  each, retaining funding at current levels, and possibly                      
  creating a Men's Commission.                                                 
                                                                               
  Number 208                                                                   
                                                                               
  CHAIR TOOHEY called for testimony from teleconference sites.                 
                                                                               
  Number 210                                                                   
                                                                               
  NANCY KUHN, representing herself, testified from Fairbanks                   
  in opposition to EO 84, saying that women have separate                      
  issues and deserve a separate commission and should not be                   
  equated with children or other dependents.                                   
                                                                               
  Number 233                                                                   
                                                                               
  CHAIR TOOHEY called an at-ease at 3:15 p.m.  She called the                  
  meeting back to order a few minutes later and called the                     
  next teleconference witness.                                                 
                                                                               
  Number 246                                                                   
                                                                               
  MEG GAYDOSIK, speaking for the Alaska members of the                         
  AMERICAN ASSOCIATION OF UNIVERSITY WOMEN, testified from                     
  Fairbanks in opposition to EO 84 and in support of HSCR 1.                   
  She said the association supports having a separate                          
  commission for women to address concerns such as physical                    
  violence, rape, equal compensation, and poverty.  She cited                  
  the allegations against State Senator George Jacko of sexual                 
  harassment as proof of women's needs for a separate                          
  commission.                                                                  
                                                                               
  Number 279                                                                   
                                                                               
  TOM SCHELL, of the ALASKA PARENT AND FAMILY CENTER in                        
  Juneau, and speaking for CATHOLIC SOCIAL SERVICES for the                    
  SOUTHEAST ALASKA DIOCESE, testified in opposition to EO 84.                  
  He said he believed the commissions should be kept separate                  
  because joining them would dilute the services necessary to                  
  help youth.  He cited his background as a retiree with 32                    
  years in teaching and as director of pupil services in West                  
  Virginia, including 26 years working with at-risk students.                  
  He read statistics listing Alaska youth's problems with teen                 
  pregnancy, substance abuse, low scholastic achievement,                      
  abuse, suicide, and more.  (His written remarks are herein                   
  incorporated as Attachment 2, and are on file in the                         
  committee room.)                                                             
                                                                               
  Number 365                                                                   
                                                                               
  CAROL HUNTINGTON, of the ALASKA ASSOCIATION OF SCHOOL                        
  BOARDS, testified from Galena that her association did not                   
  want to see the focus on children diluted, but she did not                   
  take a position opposing or supporting EO 84.                                
                                                                               
  Number 392                                                                   
                                                                               
  VIRGINIA PHILLIPS, a member of the ALASKA WOMEN'S                            
  COMMISSION, testified from Sitka in support of EO 84.  She                   
  said most of the testimony she heard on the issue                            
  recommended combining commissions, and the commission voted                  
  unanimously last spring to combine.  She recommended adding                  
  a men's branch to the combined commission.  She said help                    
  for children was best delivered through families.  She                       
  recommended fighting mailed pornography as one cause of                      
  women's and children's problems.  (She submitted additional                  
  written testimony, incorporated herein as Attachment 6.)                     
                                                                               
  Number 441                                                                   
                                                                               
  REP. BRICE asked Ms. Phillips for the most compelling                        
  arguments she had heard in testimony supporting combining                    
  commissions, other than administrative efficiency.                           
                                                                               
  MS. PHILLIPS answered that children do not live in isolation                 
  from their parents - children and parents work together, and                 
  a joint commission would cut duplication of services and                     
  save money.                                                                  
                                                                               
  CHAIR TOOHEY mentioned that written testimony to the Alaska                  
  Women's Commission included 10 letters supporting                            
  combination, five against.                                                   
                                                                               
  Number 478                                                                   
                                                                               
  REP. NICHOLIA mentioned the 111-page, 1988 annual report,                    
  and a one-page 1991 annual report, for the Alaska Women's                    
  Commission and asked the reason for the differences.                         
                                                                               
  MS. PHILLIPS answered that the 1991 report was produced                      
  while the Alaska Women's Commission and the Alaska                           
  Commission on Children and Youth were merging office space                   
  and moving to Juneau, which created a crisis-like atmosphere                 
  and confusion that limited their ability to do a full                        
  report.                                                                      
                                                                               
  Number 499                                                                   
                                                                               
  REP. B. DAVIS asked Ms. Phillips whether the cuts to the two                 
  commissions' budgets created a crisis, and if that prevented                 
  them from accomplishing much.                                                
                                                                               
  MS. PHILLIPS answered that there was a crisis, but the                       
  commissions did the best they could with the resources they                  
  had, and they did accomplish some things by stretching                       
  themselves.                                                                  
                                                                               
  REP. B. DAVIS mentioned the commissions' difficulties                        
  resulting from smaller budgets recommended against combining                 
  them, as the earlier budget cuts and efforts at efficiency                   
  had degraded their effectiveness.  She also questioned                       
  whether a Family Commission or a Human Relations Commission                  
  would address children's issues, which she said sometimes                    
  supercede a family's concerns.  She voiced opposition to any                 
  combination.                                                                 
                                                                               
  Number 538                                                                   
                                                                               
  CARMEN LOWRY, PROGRAM DIRECTOR, TUNDRA WOMEN'S COALITION, a                  
  domestic violence and sexual assault center in Bethel,                       
  testified from Bethel in opposition to EO 84 as a dilution                   
  of the two commissions' distinct functions.  She questioned                  
  how the combination would save money if the governor planned                 
  to make supplementary appropriations to a combined                           
  commission.                                                                  
                                                                               
  (Rep. Pete Kott arrived at 3:20 p.m.)                                        
                                                                               
  BRYAN DAVIDSON, a volunteer worker at the TUNDRA WOMEN'S                     
  CENTER, testified from Bethel in opposition to EO 84.  He                    
  said women and children sometimes have mutually exclusive                    
  concerns, such as in child abuse cases.                                      
                                                                               
  Number 575                                                                   
                                                                               
  RUTH LISTER of the FAIRBANKS ALASKA WOMEN'S POLITICAL CAUCUS                 
  and the ALASKA WOMEN'S LOBBY, and former director of the                     
  ALASKA WOMEN'S COMMISSION, testified from Fairbanks in                       
  opposition to EO 84.  She said that, with its prior funding,                 
  the Alaska Women's Commission did a good job.  The                           
  commission had to deal more with women's survival issues                     
  than with women's equity issues.  She said women's and                       
  children's issues need thorough research and adequate                        
  funding.                                                                     
                                                                               
  TAPE 93-8A, SIDE B                                                           
  Number 000                                                                   
                                                                               
  REP. BUNDE asked Ms. Lister what she considered adequate                     
  funding for the Alaska Women's Commission.                                   
                                                                               
  MS. LISTER replied that the $239,000 for the Alaska Women's                  
  Commission, and $104,000 in FY91, was not much money, but                    
  was buttressed by some private funds, grants and in-kind                     
  services.                                                                    
                                                                               
  Number 020                                                                   
                                                                               
  BONNIE JACK, a divorced mother representing herself,                         
  testified from Anchorage in opposition to EO 84, saying that                 
  a combined commission would exclude the concerns of men and                  
  issues of families and human relations.  She suggested                       
  reducing the ACCY from four executive and seven public                       
  members to one executive and four public members.  She                       
  suggested cutting the AWC from nine public members to four                   
  public members, and retaining a single executive member.                     
  She also suggested cutting costs by limiting in-person                       
  meetings.  She complained of difficulties of contacting the                  
  children's commission by telephone and in obtaining                          
  commissions' annual reports.                                                 
                                                                               
  Number 169                                                                   
                                                                               
  LAUREE HUGONIN, a single working woman from Bethel,                          
  representing herself, testified in Juneau in opposition to                   
  EO 84, saying Alaska women need a separate commission.  (Her                 
  written testimony, herein incorporated and identified as                     
  Attachment 3, is on file in the committee room.)                             
                                                                               
  Number 222                                                                   
                                                                               
  VALERIE DAVIDSON, a Southwest Alaska Native and former                       
  member of the ALASKA COMMISSION ON CHILDREN AND YOUTH,                       
  representing herself, testified in Juneau in opposition to                   
  EO 84.  (Her testimony is herein incorporated and identified                 
  as Attachment 4, and is on file in the HESS committee room.)                 
  She said she opposes the combination because it would dilute                 
  the attention paid to children who cannot speak for                          
  themselves.  She also cited a June 21, 1991, meeting of the                  
  ACCY in which Cheri Jacobus, a representative from the                       
  Department of law, said the two commissions could not be                     
  statutorily combined.  She encouraged more funding for the                   
  Alaska Commission on Children and Youth.  She stated it                      
  would be more important to fund the children's commission                    
  than the Older Alaskans Commission.  She added that the                      
  efficiency in merging would come from doing less work.                       
                                                                               
  Number 353                                                                   
                                                                               
  CHAIR TOOHEY asked about a 1990 annual report from the ACCY,                 
  which mentioned a Children's Trust Fund which distributed                    
  $21 million to community-based prevention efforts in 43                      
  states in 1988.  She asked how much Alaska had received, how                 
  it was spent, and whether the state could continue to                        
  receive such money if the commissions were merged.                           
                                                                               
  MS. LEAF replied that, according to the Department of                        
  Revenue's administrative services director, the Alaska                       
  Children's Trust Fund was established in 1989 or 1990, but                   
  has never received any money and has none now, though                        
  provisions were made for it to be administered by the Alaska                 
  Commission on Children and Youth, with the commissioner of                   
  Revenue serving as treasurer.  She said EO 84 would make no                  
  changes in the trust fund's administration.                                  
                                                                               
  MS. DAVIDSON stated the national Children's Trust Fund only                  
  issues matching grants to state funds, and the legislature                   
  has failed to appropriate money for matching grants, which                   
  would have granted the ACCY up to $150,000 for                               
  administrative costs.  The Alaska Women's Commission said                    
  they would work out a memorandum of agreement with the ACCY,                 
  although only the women's commission did not get such                        
  grants.                                                                      
                                                                               
  Number 390                                                                   
                                                                               
  REP. BRICE said that the language outlining the Human                        
  Relations Commission is closely based on that outlining the                  
  Alaska Women's Commission, and therefore made little mention                 
  of how children's issues would be addressed.  He asked Ms.                   
  Davidson to describe the children's commissions membership                   
  and asked for her previous testimony to be included in the                   
  record.                                                                      
                                                                               
  MS. DAVIDSON said there were five public members, one                        
  student under 21, and a representative each from the                         
  Departments of Education, Public Safety, Law, Health and                     
  Social Services, plus invited members from Public Safety and                 
  CDBFA (sic), and Community and Regional Affairs.  She also                   
  encouraged the committee members read "Our Greatest Natural                  
  Resources," The Governor's Interim Commission Report on                      
  Children and Youth.                                                          
                                                                               
  Number 435                                                                   
                                                                               
  SHERRIE GOLL, a lobbyist representing the ALASKA WOMEN'S                     
  LOBBY and KIDPAC, testified in Juneau in opposition to                       
  EO 84.  (Ms. Goll's written testimony, identified as                         
  Attachment 5, is on file in the HESS committee room.)  She                   
  said there were efforts before the debilitating budget cuts                  
  of 1991 to develop a state-wide plan for children to respond                 
  to the children's commission, which led to increases in                      
  community based programs for children, and in general,                       
  attention to children's problems.  She lamented the decline                  
  in interest and funding for children's programs since 1991.                  
  She said children's trust funds were created to help fund                    
  community based child abuse and neglect prevention.  The                     
  Alaska Children's Trust Fund was created several years ago,                  
  but the Permanent Fund Dividend check-off funding mechanism                  
  did not pass the legislature, leaving it the only non-funded                 
  trust fund in the nation.  The fund now receives only                        
  several thousand dollars a year from the sale of ornate                      
  birth certificates, she said.  Administration of the trust                   
  fund has been moved from a now defunct board to the Alaska                   
  Commission on Children and Youth.                                            
                                                                               
  Number 481                                                                   
                                                                               
  MS. GOLL continued, saying that when the Alaska Children's                   
  Trust Fund was established, the Health and Social Services                   
  department had room in its budget for prevention of child                    
  abuse, including abuse prevention grants, but that money has                 
  dried up.  She said a question remains whether, if the                       
  legislature appropriates money to HSS for child abuse                        
  prevention, it would be proper for the money to be                           
  administered by the commission into which the ACCY was                       
  merged by executive order, or by a separate board.                           
                                                                               
  REP. BRICE asked whether there had been talk of                              
  incorporating the Children's Trust Fund into the Alaska                      
  Women's Commission.                                                          
                                                                               
  MS. GOLL answered no.                                                        
                                                                               
  Number 520                                                                   
                                                                               
  CHAIR TOOHEY closed off public testimony and asked the will                  
  of the committee.                                                            
                                                                               
  REP. BUNDE said the $340,000 for the two commissions was not                 
  an insignificant amount of money.  He expressed concern that                 
  the governor had not yet decided how much money a combined                   
  commission would receive.  He moved passage of EO 84 from                    
  the HESS Committee with individual recommendations.                          
                                                                               
  REP. BRICE objected.                                                         
                                                                               
  Number 536                                                                   
                                                                               
  REP. G. DAVIS said the committee must consider whether the                   
  executive order was recommending changes in statute, which                   
  would be illegal.                                                            
                                                                               
  MS. LEAF answered that EO 84 transferred powers of the two                   
  commissions and did not delete them, and as such fell within                 
  the power of an executive order.                                             
                                                                               
  Number 556                                                                   
                                                                               
  REP. B. DAVIS asked that no action be taken until she could                  
  study testimony from the House State Affairs Committee,                      
  which was not in her bill packet.                                            
                                                                               
  CHAIR TOOHEY expressed her agreement and said the committee                  
  should hold the order for further consideration.                             
                                                                               
  REP. BRICE expressed a desire to have legal opinions on the                  
  authority of an executive order come from Legislative Legal                  
  Services and not Ms. Leaf.                                                   
                                                                               
  REP. NICHOLIA echoed Rep. Brice's request.                                   
                                                                               
  CHAIR TOOHEY noted Rep. Nicholia's request, then ADJOURNED                   
  the meeting at approximately 4:20 p.m.                                       

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