Legislature(1997 - 1998)
04/30/1998 08:05 AM House STA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 30, 1998
8:05 a.m.
MEMBERS PRESENT
Representative Ivan Ivan, Vice Chairman
Representative Ethan Berkowitz
Representative Joe Ryan
Representative Kim Elton
Representative Mark Hodgins
MEMBERS ABSENT
Representative Jeannette James, Chair
Representative Al Vezey
COMMITTEE CALENDAR
CONFIRMATION HEARING:
Alaska Public Offices Commission
Mark Rowland - Anchorage
- CONFIRMATION ADVANCED
* HOUSE JOINT RESOLUTION 45
Proposing amendments to the Constitution of the State of Alaska
relating to a biennial state budget, to the appropriation limit,
and to appropriations from the budget reserve fund.
- MOVED HJR 45 OUT OF COMMITTEE
* HOUSE CONCURRENT RESOLUTION 35
Establishing a Joint Task Force on the Census and Redistricting.
- MOVED HCR 35(STA) OUT OF COMMITTEE
* HOUSE BILL 303
"An Act extending the termination date of the Council on Domestic
Violence and Sexual Assault; and providing for an effective date."
- MOVED HB 303 OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HJR 45
SHORT TITLE: BIENNIAL STATE BUDGET
SPONSOR(S): REPRESENTATIVES(S) PHILLIPS, Green
Jrn-Date Jrn-Page Action
1/12/98 2020 (H) READ THE FIRST TIME - REFERRAL(S)
1/12/98 2020 (H) STA, JUDICIARY, FINANCE
1/23/98 2121 (H) COSPONSOR(S): GREEN
4/30/98 (H) STA AT 8:00 AM CAPITOL 102
4/30/98 3355 (H) STA RPT 1DP 3NR
4/30/98 3356 (H) DP: HODGINS; NR: ELTON, IVAN, RYAN
4/30/98 3356 (H) FISCAL NOTE (GOV)
4/30/98 3356 (H) REFERRED TO JUDICIARY
BILL: HCR 35
SHORT TITLE: ESTAB JT. TASK FORCE CENSUS/REDISTRICTING
SPONSOR(S): RULES
Jrn-Date Jrn-Page Action
4/23/98 3213 (H) READ THE FIRST TIME - REFERRAL(S)
4/23/98 3213 (H) STATE AFFAIRS
4/30/98 (H) STA AT 8:00 AM CAPITOL 102
BILL: HB 303
SHORT TITLE: EXTEND COUNCIL ON DOM.VIOL. & SEX.ASSAULT
SPONSOR(S): REPRESENTATIVES(S) ELTON, Davies, Hudson, Hodgins
Jrn-Date Jrn-Page Action
1/12/98 2024 (H) PREFILE RELEASED 1/2/98
1/12/98 2024 (H) READ THE FIRST TIME - REFERRAL(S)
1/12/98 2024 (H) STATE AFFAIRS, JUDICIARY
4/23/98 3231 (H) COSPONSOR(S): HUDSON
4/29/98 3344 (H) COSPONSOR(S): HODGINS
4/30/98 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
MARK ROWLAND, Appointee
Alaska Public Offices Commission
(Address not provided)
Anchorage, Alaska
Telephone: (907) 522-5185
POSITION STATEMENT: Testified as appointee to the APOC.
GAIL PHILLIPS, Representative
Alaska State Legislature
Capitol Building, Room 208
Juneau, Alaska 99801
Telephone: (907) 465-2689
POSITION STATEMENT: Presented HJR 45.
KAREN COWART, General Manager
Alaska Support Industry Alliance
4220 B Street, Suite 200
Anchorage, Alaska 99503
Telephone: (907) 563-2226
POSITION STATEMENT: Testified in Support of HJR 45.
CHERYL FRASCA, Consultant
Government Relations
Alaska State Chamber
2415 La Honda
Anchorage, Alaska 99517
Telephone: (907) 258-1226
POSITION STATEMENT: Testified in Support of HJR 45.
BRAD PIERCE, Senior Policy Analyst
Office of Management and Budget
Office of the Governor
P.O. Box 110020
Juneau, Alaska 99811-0020
Telephone: (907) 465-4677
POSITION STATEMENT: Testified on HJR 45.
JOHN MANLY, Legislative Assistant
to Representative Martin
Alaska State Legislature
Capitol Building, Room 502
Juneau, Alaska 99801
Telephone: (907) 465-3783
POSITION STATEMENT: Testified on behalf of Representative Martin,
sponsor of HJR 35.
CHRIS MILLER, Chief of
Research and Analysis
Division of Administrative Services
Department of Labor
P.O. Box 21149
Juneau, Alaska 99802
Telephone: (907) 465-4500
POSITION STATEMENT: Testified in support of HJR 35.
JAYNE ANDREEN, Executive Director
Council on Domestic Violence and
Sexual Assault
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811
Telephone: (907) 465-4356
POSITION STATEMENT: Testified in support of HB 303.
JODY JOHNSTON
Women's Resource and Crisis Center
325 South Spruce
Kenai, Alaska 99611
Telephone: (907) 283-9479
POSITION STATEMENT: Testified in support of HB 303.
DIANA BUFFINGTON, President and
State Coordinator
Children's Rights Council
Chairman, Alaska Task Force on Family Law Reform
317 Maple Street
Kodiak, Alaska 99615
Telephone: (907) 486-2290
POSITION STATEMENT: Testified in opposition to HB 303.
ACTION NARRATIVE
TAPE 98-57, SIDE A
Number 0001
VICE CHAIRMAN IVAN IVAN called the House State Affairs Standing
Committee meeting to order at 8:05 a.m. Members present at the
call to order were Representatives Ivan, Ryan, Elton, and Hodgins.
Representative Berkowitz arrived at approximately 8:15 a.m.
VICE CHAIRMAN IVAN informed the committee that this is their last
business day unless the chairman calls them back in on Saturday.
CONFIRMATION HEARING
Number 0009
VICE CHAIRMAN IVAN announced the first order of business is the
appointment of Mr. Rowland to the Alaska Public Offices Commission
(APOC).
Number 0012
MARK ROWLAND, Appointee to the Alaska Public Offices Commission
testified via teleconference. He believes his resume sums up his
interest in serving. Mr. Rowland mentioned he was a superior court
judge in Anchorage for many years and is now retired - doing some
mediation. He has lived in Alaska since 1965, a significant
portion of that time he's lived here, he's served the state in one
capacity or another - as attorney general, an assistant district
attorney and a superior court judge.
MR. ROWLAND said he was subject to the jurisdiction of the APOC
when he was a superior court judge and because of that, over the
years he's had occasion to think about what they were doing and how
they were doing it. He mentioned he has no reforms in mind or
anything like that, it's really a matter of public service. He
thought he would like to continue to contribute in some way to the
state and this was a way to do it, when the opportunity arose.
Number 0026
REPRESENTATIVE MARK HODGINS made a motion to advance Mr. Rowland
through the confirmation hearing. There being no objections, Mr.
Rowland was advanced.
HJR 45 - BIENNIAL STATE BUDGET
Number 0032
VICE CHAIRMAN IVAN announced the next order of business is HJR 45,
Proposing amendments to the Constitution of the State of Alaska
relating to a biennial state budget, to the appropriation limit,
and to appropriations from the budget reserve fund, sponsored by
Representative Phillips.
VICE CHAIRMAN IVAN took an at-ease for approximately five minutes.
Number 0035
REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature presented
HJR 45 said she has a proposal for Alaska to start thinking about
implementing a biennial budget system. Many other states in the
nation do have biennial budgets, and this would have to be a
constitutional amendment. She indicated she looks at it as a way
not only for us to be able to save a lot of money in state
government, because she would anticipate that in a two-year cycle,
the second year when they're not doing the budget could be reduced
to about half-time, to 60 days.
Number 0040
REPRESENTATIVE PHILLIPS pointed out that, not only would it save a
lot of money, but also it gives the agencies an opportunity to do
long-range planning which they don't have the ability to do now -
they spend so much time of every year of just doing budget work.
She thinks it would be a major benefit to the agencies. She also
thinks it's something the people of Alaska are ready to look at, to
explore, to see if it would be beneficial. It works in other
states and she thinks that we could make it work here.
Number 0047
REPRESENTATIVE KIM ELTON said the only hesitation he has is,
because so much of our budget is based on one source of revenue,
and that source of revenue has been extremely volatile (going from
$24 to $10 and back-and-forth) that he is concerned that the second
year, or the nonbudget year, we'd be spending an awful lot of time
making readjustments to the budget because of those fluctuations.
REPRESENTATIVE PHILLIPS replied this legislation before you is just
calling to put the question to the people, whether or not they want
to pursue this. In your statutes, when you would adjust statutes
to the biennial budget process then you could put in a formula
there for adjusting to the differences in the price of oil. She
believes that could be handled in the statutory process.
Number 0058
KAREN COWART, General Manager, Alaska Support Industry Alliance,
testified via teleconference in support of HJR 45. She said the
Alaska Support Industry Alliance is a non-profit trade organization
representing over 350 members engaged in business within the oil,
gas, and mining industries. Collectively, their members employ
25,000 people. Their mission is to foster and promote the safe and
environmentally sound development of Alaska's natural resources.
MS. COWART stated they believe state government should do business
like a business and investigate ways to do more with less, to be
more efficient and more effective in planning and executing our
state budget. Budget efficiencies would send a message to
potential investors that we have a solid and sound fiscal plan and
our "House is in order, a good place to do business."
Number 0068
MS. COWART said the Alliance believes a two-year budget cycle could
result in the following:
An opportunity for agency planning. One that would be
proactive spending habits instead of reactive spending dialog.
We also believe we would have the opportunity to analyze state
programs based on performance and results prior to budget
appropriations.
We believe there may be a potential for a shortened
legislative session, thereby saving state dollars and
resources.
And finally, we believe that there would be a greater
utilization of all 60 legislators and their expertise.
Traditionally the Senate and House Finance Committees are made
up of the senior members of both bodies. These members
(indisc.) a majority of their time on budget matters during a
legislative session and their wisdom and experience in a two-
year process could be available for legislative work due to freed-up time. But
supplemental requirements.
We believe a biennial budget process would not preclude
supplemental budget considerations due to circumstances of
needs. These could be addressed on a case-by-case basis.
Nevertheless, the process would free-up legislators to focus
attention, one year on budget, one year on legislation.
Twenty other states have already adopted a biennial budget
process. That's a good indication that other states are
thinking outside the "old box."
We believe Alaska needs to develop a new way of thinking. We
must look at new and innovative ways to conduct business and
we encourage the dialogue on biennial budgeting to continue.
Number 0086
CHERYL FRASCA, Consultant, Government Relations Issues, Alaska
State Chamber, was next to testify in support of HJR 45 via
teleconference. She said she works for the Alaska State Chamber in
monitoring and reporting on Alaska budget issues. Based on 17
years of experience she has worked for the legislature as well as
with Office of Management and Budget (OMB) as Director of the
Budget Division for three years under the last administration.
Based on this experience, she said she wants to lend support to the
idea of going to a biennial budget.
MS. FRASCA mentioned the sponsor's statement recognizes the
legislature's time that it spends on budget issues. She reiterated
she gained a real appreciation for the time that the executive
branch spends in preparing a budget to meet your December
submission date. In fact, just as the governor is signing into law
one budget, the agencies are immediately clamoring for when is OMB
going to issue the budget instructions so they can get going on
preparing the documentation for the next year. If we change that,
so that it only happens every other year, she believes that it
would definitely free-up time for program managers and policy-
makers in the executive branch to actually manage their programs.
And for which, you then can hold them accountable for the results
that they may lead to.
Number 0099
MS. FRASCA stated, "And I think the biennial budget process would
also blend in very well with the results-based government framework
that the legislature has worked on this session. It would give
them time to actually manage the results, as opposed to reacting to
how much money they didn't get. And then, even more important, it
would give you the legislature the opportunity to exercise your
oversights - responsibilities by focusing on how well they are, the
return on the investments that you've given them in terms of
services that they're supposed to be providing."
Number 0104
MS. FRASCA noted arguments in the past against going to a biennial
budget has been the volatility of Alaska's revenues. That worked
when we had lots of money and waiting for the April forecast was
more of a matter of "how much money does the legislature get to
spend." Now the issue is really more "how much money will be spent
from the Constitutional Budget Reserve (CBR)." So she doesn't
think that is as valid as it used to be as a reason not to go to a
biennial budget.
MS. FRASCA addressed the issue of supplementals, she said her
observation is that, for the most part you can anticipate
supplementals. It's just more a question of not knowing what the
final dollar amount is going to be. So, it's not that there's
unanticipated events for the most part, it's that no one wants to
pony-up the full cost ahead of time without knowing what it's going
to be. As Ms. Corwart pointed out, there is a trend with the 20
states, and even at the federal level, to going to a biennial
budget. It's not suggested that the federal government, not that
they're the model for budgeting, however, even Republicans and
Democrats - the Clinton Administration have supported a biennial
budget approach. She urged the committee's dialog on this issue.
Number 0199
BRAD PIERCE, Senior Policy Analyst, Office of Management and
Budget, Office of the Governor, was next to testify. He stated the
governor is very interested in this and has been interested for a
couple of years in going to biennial budgeting for all the reasons
that have been stated. He indicated he would like to work with the
sponsor of this to see if they can come up with a reasonable
approach. He indicated the governor is generally supportive.
Number 0128
REPRESENTATIVE HODGINS made a motion to move HJR 45, with
individual recommendations and attached fiscal note. There being
no objections, HJR 45 moved from the House State Affairs Standing
Committee.
HCR 35 - ESTAB JT. TASK FORCE CENSUS/REDISTRICTING
Number 0135
VICE CHAIRMAN IVAN announced the next order of business is HCR 35,
Establishing a Joint Task Force on the Census and Redistricting,
sponsored by Representative Martin.
Number 0139
JOHN MANLY, Legislative Assistant to Representative Martin, Alaska
State Legislature, came before the committee. He explained the
resolution would set up a relatively informal task force of four
members, two each from the House and Senate (those being appointed
by the speaker of the House and president of the Senate), one
member from each caucus - the minority caucus and the majority
caucus.
Number 0145
MR. MANLY said the main purpose of the task force would be to track
information related to the census and to the upcoming redistricting
efforts that will be taking place over the next three or four years
and to report that to the general membership to keep them well
informed of the process and the relatively large volume of
information that will be coming their way.
MR. MANLY stated the main reason they proposed this task force is
because of the two events that are coming up, the census of 2000
will be taking place, generally for the country, in April 2000.
However, the Federal Census Bureau as he understands it will have
a special census count in February 2000 for Rural Alaska because so
many of the people in the villages out there are not there in April
when the Census Bureau would normally come around. The second
event of course is the redistricting of the legislature and whether
that continues in the purview of the governor or if it changes
under the constitutional amendment that's been proposed to have the
legislature under the supreme court chief justice appoint the
members to that board. Either way, the legislature needs to know
what's going on to stay abreast of it.
Number 0158
MR. MANLY explained "The main idea behind what the task force would
do would be to track this evolving census data. There's a number
of sources where it will be coming to us from, including the Census
Bureau - they have an ongoing program of course of working with the
states and local governments to try to get the best numbers they
possibly can out of the census. We'll be working with the
Department of Labor, the Research and Analysis folks there, and we
have a couple of them with us here today to speak about what
they're doing. And of course the National Conference of State
Legislatures (NCSL) - has an ongoing task force there of which
Representative Martin is the co-chairman."
Number 0165
MR. MANLY noted most legislatures in other states actually do the
redistricting themselves, Alaska is only one of two states where
the governor does it himself. So NCSL has developed a real body of
expert knowledge in that area. He stressed they would like to keep
the legislators informed and believes the task force can also act
as a liaison between the whole process of the census and
redistricting and the communities of Alaska.
Number 0171
MR. MANLY pointed out the Census Bureau is interested in getting
accurate information of course in their census counts and the
better liaison they have between themselves, and the people that
they're counting, the better counts they can get. Not only is it
important to get good numbers for the redistricting process but, as
you're probably aware, virtually everything we get from the federal
government in terms of revenue sharing programs depends on the
numbers that they get in the census. So you have to get accurate
numbers there.
MR. MANLY mentioned another thing the Census Bureau would like us
to do is to help them identify qualified workers that could work
temporarily on the census. It was pointed out at a meeting in
Seattle that the Census Bureau could hire every unemployed person
in the country, at least for a short time, because they just have
a short census. But they do need to put a lot of people to work.
Number 0182
MR. MANLY concluded that whether the redistricting process stays
with the governor, or whether it goes somewhere else - to the
legislature and so forth, legislators really need keep themselves
well informed. He said, "It's a little bit like going to a place
where you don't speak the language and if you don't speak the
language you can't understand what they're saying, or it will take
quite a while to the point where you do understand what they're
saying." So if at least some folks in the legislature spent some,
over the next couple of years, learning to speak the language, then
when the redistricting process happens, then they'll be in better
shape.
Number 0191
VICE CHAIRMAN IVAN stated he has been on the receiving end, he
speaks two languages and has constituents that don't speak the
English language. He indicated, even if he did speak English, it
was difficult for him to understand what was going on in the census
and redistricting process. He said he's glad to see a proposal
like this.
VICE CHAIRMAN IVAN noted Mr. Manly would interact or provide
information to the voters of Alaska. He asked Mr. Manly how he
would interact with the Reapportionment Board.
Number 0198
MR. MANLY replied this task force probably wouldn't necessarily
have a formal relationship with the Reapportionment Board.
However, if HJR 44 passes the legislature, legislators would be
involved in appointing the Reapportionment Board so they would have
a fairly direct relationship there. Other than that it would be to
keep the legislature and the people of Alaska, as they see fit,
informed of the process so they can - when the Reapportionment
Board starts holding hearing they'll be better informed to be able
to speak at those hearings and to give their input into the
process. So it's pretty much an informational thing.
Number 0207
VICE CHAIRMAN IVAN said he assumes they will work with nonprofits
that disseminate information.
MR. MANLY replied absolutely, the Census Bureau has made it very
clear, for their part, they want to work with as many different
types of governmental entities as they can whether it's state
government, the local government, Native corporations, tribal
governments, etcetera, because they want to get the best
information that they can possibly get for the census.
Number 0214
REPRESENTATIVE ELTON said he doesn't think this is a bad idea. He
said, "I guess the problem is with this time line, we've got a task
force that is going to end right here when there's all this out
here." He asked Mr. Manly how this task force is to be carried
beyond - into the Twenty-first Legislature.
MR. MANLY replied he thinks it would be incumbent upon the incoming
legislature next year to renew the task force with either the same
members or new members. The value of starting it now is that you
can get six months worth of work done and to show the value of
having such a task force.
Number 0222
REPRESENTATIVE ELTON stated there is no requirement to actually to
report to the legislature. He offered a proposed amendment, page
2, line 16, after the word "legislature" insert: and report to the
legislature by January 1, 1999.
MR. MANLY said he didn't think the sponsor would have a problem
with that.
VICE CHAIRMAN IVAN asked Representative Elton to repeat his
amendment.
REPRESENTATIVE ELTON reiterated just to add a reporting
requirement, after legislature, add:
and to report to the legislature by January 1, 1999
MR. MANLY asked January 1 or the day session starts - it doesn't
matter.
REPRESENTATIVE ELTON replied the session is starting too, although
that's the day the task force is dissolved.
MR. MANLY said it seems reasonable to him to include that.
Number 0232
REPRESENTATIVE ELTON made a motion to move the proposed amendment.
VICE CHAIRMAN IVAN asked if there were any objections, there being
none, the amendment was adopted.
Number 0237
REPRESENTATIVE ETHAN BERKOWITZ asked if the Division of Elections
have a similar tracking arrangement.
MR. MANLY replied he's not aware of what the division is doing in
this regard. The liaison basically with the Census Bureau in the
state is with the Department of Labor and Kathryn Lizik will speak
to what she does for them. In terms of the redistricting process,
his experience in the Hickel Administration, was there wasn't
anybody that really followed that on an ongoing basis. As he
recalls, the Department of Labor provided all the technical support
that the Redistricting Board used.
REPRESENTATIVE BERKOWITZ expressed one of his concerns he has is
this task force only exists for a year for the duration of a
legislature and this is a problem that spans several legislatures.
He believes the best way of tracking and assisting the census
taking would be for us to mandate that a permanent department or
division track and assist rather than requiring all time citizen
legislators to weigh in periodically. He thinks the better way of
(indisc.) continuity and ensuring full accounting is to have a
permanent liaison and this doesn't constitute a permanent liaison.
Number 0251
MR. MANLY replied that's not exactly the idea of this task force.
There is a mandate that the Department of Labor do exactly what
you're suggesting, in fact the state demographer, Doctor Williams
is the Census Bureau's designated liaison. The idea of this task
force is that these members, of the House and Senate, would provide
a liaison and information to the legislature themselves and to
their constituents.
REPRESENTATIVE BERKOWITZ said, "It seems that the demographer then
should be required to report to the legislature. Most of us are
fairly capable of making our own evaluations of the numbers that
are given to us. And I've seen the task forces usually don't get
much consideration at all, and I appreciate that a lot of folks
like to get appointed to them and like to travel around with them.
I just don't see this as contributing anything to ensure that
Alaska gets a full count in the census."
Number 0264
CHRIS MILLER, Chief of Research and Analysis, Division of
Administrative Services, Department of Labor, came before the
committee, at the request of Representative Martin, to review what
they will be doing. He pointed out a time line was distributed to
the committee by year [TimeLine of Census and Redistricting Events,
State of Alaska - 1998-2002, Representative Martin]. The time line
basically shows the major activities as far as the census 2000
preparation that they will be doing.
MR. MILLER stated in 1997 they began the first phase of (indisc.)
2000. Although, if you were to talk to the Census Bureau, they
have a time line that is a 15-year time line. The Block Boundary
Suggestion Program (BBSP) is where they then review actual
geography of the maps, the detail, and correct where there are
inaccuracies and pretty much do a massive cleanup effort of the
detailed geography that the Census Bureau has in its electronic
file knows as TIGER. TIGER will be used a lot, it is essentially
an electronic data base for electronic geographic plotting. It is
the data base that is used then to build all of these various maps
that the Census Bureau uses.
Number 0278
MR. MILLER said they finished that process in July 1998, at least
going through the review, and at that time, there were
approximately 30,000 census blocks - which is the smallest
geographic unit that the Census Bureau looks at in Alaska. The
Census Bureau than began digitizing that information. That process
was a manual process, where Ms. Lizik had about a half a dozen
different colored pencils on maps spread out all over her office
correcting. He noted the rest of 1997 was primarily working with
the Census Bureau, in a back-and-forth basis making sure that they
understood the corrections and notations that were made.
MR. MILLER stated at the beginning of this year they began the
Boundary Annexation Survey (BAS), that is where they contact all
the cities in the state and ask them if there have been any legal
boundary changes. They verify with the cities and compare that
with what the Census Bureau has and make necessary changes. He
said that process is ongoing now and will happen each year up until
the census so that they ensure that all legal boundaries are
correct as far as the Census Bureau is concerned.
Number 0290
MR. MILLER mentioned they will begin this April, actually they hope
to receive in the next week or so "verification maps" from the work
they began in 1997, the Block Boundary Suggestion Program. He
indicated they will have about 90 days to review that information,
this process will then be completed, they'll have a second go-
around of a review. In January 1999 this information will then
have a second review "Voting District Project" that will begin in
February 1999. That will be the last point where they will have a
detailed review of geography. They will also be reviewing the
address list for the Census Bureau in 1999, this is back-and-forth
with them, making sure that the Census Bureau has the best list
that they can come up with as far as addresses to contact people.
MR. MILLER said the census will take place in April 2000, as
mentioned earlier, and the census will actually start in Rural
Alaska in February. The results of the census will then be
submitted to the president in December 2000, and will then be
submitted to the states between January and April 2001. The
redistricting process would occur after (indisc.) when the census
has arrived here.
Number 0307
VICE CHAIRMAN IVAN asked Mr. Miller to provide a summary of
highlights to the legislature.
MR. MILLER agreed to do that.
REPRESENTATIVE ELTON asked, if there is a legislative task force,
is any of the process confidential.
MR. MILLER replied it's not confidential.
Number 0314
REPRESENTATIVE JOE RYAN said legislators were recently given a long
and personally invasive form from the census Bureau wanting to know
all kinds of information that some people may consider is none of
their affair. He asked if the state tracks that same information
and establishes a database with it.
MR. MILLER responded they will not duplicate the Census Bureau's
efforts, that data will be collected by the Census Bureau only.
REPRESENTATIVE BERKOWITZ asked if they had access to that
information.
MR. MILLER replied summary data.
REPRESENTATIVE BERKOWITZ remarked summary data, meaning not broken
down by individuals.
MR. MILLER stressed that information is very confidential, they
cannot look at details - responded information, that is
confidential.
Number 0319
MR. MANLY added that the Census Bureau keeps that information
confidential for 70 years, and that in the year 2000 you'll be able
to find out information, names and addresses of people in the 1930
census. So you don't need to worry about that information that's
on that long form.
VICE CHAIRMAN IVAN asked if there were any other questions.
Number 0326
REPRESENTATIVE HODGINS made a motion to move HCR 35 as amended with
individual recommendations and attached zero fiscal note.
Number 0327
REPRESENTATIVE BERKOWITZ objected for discussion purposes and will
then withdraw his objection. He said, "We go around creating task
forces all the time and then we promptly proceed to ignore them.
So, in the interest of creating smaller government, I'm not sure
how this fits in. In fact, I think it tends to work in the
opposite direction. But if it makes people feel good, I guess it's
a positive all by itself, saying that, I will withdraw my
objection."
Number 0331
VICE CHAIRMAN IVAN noted some small communities are not yet hooked
up to computers or abilities like that. He said they appreciate
this type of task force and they hope to see them on the ground in
his area, wherever possible to provide them with the information.
REPRESENTATIVE ELTON jokingly said Representative Berkowitz has
blown any chance he's ever had of getting on the task force.
REPRESENTATIVE BERKOWITZ replied it was deliberate.
Number 0335
VICE CHAIRMAN IVAN asked if there were any other objections. There
being none, CSHCR 35(STA) moved from the House State Affairs
Standing Committee.
HB 303 - EXTEND COUNCIL ON DOM.VIOL. & SEX.ASSAULT
Number 0338
VICE CHAIRMAN IVAN announced the last item on the agenda is HB 303,
"An Act extending the termination date of the Council on Domestic
Violence and Sexual Assault; and providing for an effective date,"
sponsored by Representative Elton.
Number 0340
REPRESENTATIVE ELTON first noted the executive director of the
council and two members are available to answer any questions.
REPRESENTATIVE ELTON said this bill simply extends the termination
date of the Council on Domestic Violence and Sexual Assault for
four years to June 30, 2002, from June 30, 1998. The council was
established in 1981 and their statutory responsibilities are:
To develop, implement, maintain and monitor domestic violence,
sexual assault and crisis intervention and prevention
programs, including educational programs and school curricula;
To coordinate services provided by the Department of Law,
Education, Public Safety, Health and Social Services, as well
as other state agencies and community groups dealing with
domestic violence and sexual assault;
To provide technical assistance to state and local agencies
and community groups, as requested;
To develop and implement a standardized data collection system
on domestic violence and sexual assault, and crisis
intervention and prevention;
Number 0348
To receive and dispense state and federal money and award
grants and contracts to qualified local community entities for
domestic violence, sexual assault, and crisis intervention and
prevention programs;
To oversee and audit the domestic violence and sexual assault
programs which receive federal and state dollars;
To consult with the Department of Health and Social Services
in the formulation of standards and procedures for the
delivery of services to victims of domestic violence by health
care facilities and practitioners;
To consult with the Alaska Police Standards Council and other
police training programs to develop training programs
regarding domestic violence for police officers and for
correction, probation, and parole officers;
To consult with public employers, school districts, the Alaska
Supreme Court and prosecuting authorities who are required to
provide continuing education courses in domestic violence to
employees;
To make an annual report to the governor on the activities of
the council, including recommendations for legislation.
Number 0350
The council's role and responsibilities have grown
significantly since 1996. The state has imposed additional
responsibilities and federal funding has increased
substantially. This expansion of responsibilities is a
reflection of a broadened understanding of the financial and
social costs of domestic violence and sexual assault in Alaska
communities. Those costs accrue in health care, corrections,
police and court, as well as the long-term, negative effect on
children who witness violence at home.
The 1997 legislative audit of the council found that the
council serves a public need and operates in the public
interest and recommended that the council be reauthorized and
its termination date extended to June 30, 2002 which is what
this bill does.
Number 0358
REPRESENTATIVE RYAN said he is intrigued by the federal money
that's flowing into the state. He asked what is the state match
since we've increased it and where is the money going.
REPRESENTATIVE ELTON deferred the question to the executive
director.
Number 0361
JAYNE ANDREEN, Executive Director, Council on Domestic Violence and
Sexual Assault, Department of Public Safety, came before the
committee in support of HB 303. She replied they have a number of
federal grants which she uses in a variety of ways. Two of their
federal grants are specifically pass-through grants from the
council to locally-based programs to provide services to victims of
domestic violence and sexual assault. She noted there are matching
requirements for both of those, those matching requirements are
passed on to the local grantees - it's not the council's
responsibility, it's something they incorporate into their grant
process.
REPRESENTATIVE RYAN asked who are the local grantees - who won the
grant awards.
MS. ANDREEN said she doesn't have the spreadsheet with her on whom
actually gets that. What they do is they issue one RFP [Request
for Proposals] that combines both the state and the federal money.
And through that RFP process, the application process, they can
determine who would be eligible for the different pieces of the
federal money. It's the Victims of Crime Act and the Family
Violence Prevention and Service Act. Once the council determines
what the total award will be, council staff goes through and
determines how much will be federal versus state.
REPRESENTATIVE RYAN stated he just wanted to make sure Anchorage
gets its share.
MS. ANDREEN assured Representative Ryan that Anchorage gets a
significant part.
REPRESENTATIVE HODGINS remarked unfortunately there is a tremendous
amount of domestic violence. That's a pretty sad state of affairs.
Number 0375
REPRESENTATIVE BERKOWITZ attempted to make a motion to move HB 303.
VICE CHAIRMAN IVAN said he appreciated Representative Berkowitz'
eagerness to move the bill out.
VICE CHAIRMAN IVAN indicated he was somewhat confused in the budget
subcommittee's process. He said, "We do have several safe shelters
out in the area that I come from and there was some concern when,
I believe some of the funds that normally go to the safe shelters
were in danger of being pulled out and directed toward, I believe
the 'rehab.' program for barterers, was that the case. Can you
explain what happened? The funds that the safe shelters were
concerned of -- they've been operating quite successfully out
there. They've taken care of the victims and the children." He
asked will we see that next year and noted he received a lot of
feedback and wasn't prepared for that reaction.
Number 0386
MS. ANDREEN replied she assumes what he is talking about is what
happened in the House Finance Subcommittee for the Department of
Public Safety. The council has long felt that it's important that
if batterer's programs be funded, they should not be funded at the
expense of victims services. We need to make sure that women and
children are protected and have safe places to go. What happened
with the subcommittee is the original "cut-sheet" that they put
forward, reflected a reduction basically of the council's regular
budget by $300,000, $100,000 of that was supposed to be federal
money, $200,000 of general fund money. It did not designate where
in the council's budget the money would come from, just that it
would be moved into a separate BRU [Budget Review Unit],
specifically for batterer's program(s).
MS. ANDREEN noted because the council only has approximately
$380,000 in administrative money, the rest of their money goes out
in terms of grants and contracts for local services. They didn't
see any place or way that they would be able to make that cut
without some kind of reduction coming from the grant line. She
thinks that's what people were reacting to.
MS. ANDREEN reported what the subcommittee ended up doing was
replacing that projected $300,000 cut with new permanent fund
dividends (PFD) fund and placed that in a separate BRU. So the
council's grant line for victims' services, as far as the state
funds go, remains the same for FY 99. And then there is new money
in the House version for increased grants to batterer's programs.
VICE CHAIRMAN IVAN asked if the council will be looking for
alternative funding this year.
Number 0403
MS. ANDREEN replied they are always looking for additional funding.
There are also several federal grants that are not specifically for
grant lines to victim services but are for special projects and
those are all...
TAPE 98-57, SIDE B
Number 0002
MS. ANDREEN replied to a question asked by Representative Ryan
which was not recorded. She stated it depends on what the grant
program is. With the STOP [Services, Training, Officers and
Prosecutors] grants under the federal Violence Against Women Act,
it's basically a 25 percent match except for services in the
subgrants that are devoted to victims services. With the Rural
Domestic Violence Child Victimization Grant and the Mandatory
Arrest grant, there is no matching requirement for those two. With
the two grants that fund ongoing services, both the Victim's of
Crime Act grant and the Family Violence and Prevention and Service
Act, it varies depending on how long a program has been in place
but it's approximately 25 percent - it starts with 25 and goes up.
Number 0008
REPRESENTATIVE RYAN asked how does the permanent fund money work.
Is it the incarcerated people's money?
MS. ANDREEN replied that's the incarcerated people's money. The
council is one of the three designated agencies to receive PFD
money.
JODY JOHNSTON, Women's Resource and Crisis Center, testified via
teleconference from Kenai. She stated, as we heard Ms. Andreen
identify this that, not only are there both state and federal
funds, one of the things she wants to highlight is that other
states recognize the value of our state council and the uniqueness
of it, that we have a government arm that in fact provides a focus
for victims - both women and children, and that we can provide a
congruency throughout the state of our services. She encouraged
the committee to pass this bill and bring it to the floor and pass
it quickly so that the council can focus on what it does well and
that is coordinating services and monitoring throughout the state
to help assure that the elimination of domestic violence in our
state can continue to progress.
Number 0025
DIANA BUFFINGTON, President and State Coordinator for the
Children's Rights Council and also the Chairman of the Alaska Task
Force on Family Law Reform testified via teleconference from Kodiak
in opposition to HB 303. She said, "I'm asking you that you turn
down the request for extension of the Council on Domestic Violence
and Sexual Assault. Gentlemen, in 1971, 72, I was involved in a
domestic violent relationship. ... On May 5, 1985 I was sexually
assaulted in Houston, Texas, and I came out of both of those
incidences as a better person and I did it solely without the
councils on domestic violence, without women's resource centers and
things like that. I am concerned that the Council on Domestic
Violence has become a gender-biased organization, they improperly
report federal statistics, like the U.S. Justice Department's
statistics that came out on the 1996 report. Our council recently
said that 95 percent of women are the victims of domestic violence
that is false. According to U.S. statistics, 205,000 women were
treated by emergency room hospitals, 16,000 men were treated by
emergency room hospitals for domestic violence."
Number 0042
MS. BUFFINGTON discussed other statistics on domestic violence and
sexual assault, the trend in male-bashing, and women's shelters
that educate and encourage their employees in assisting women in
filling out restraining orders. She also accused the council of
encouraging false allegations of domestic violence and sexual
assault of children as a means of controlling custody. She
indicated, in states where mandatory mediation and divorce
education are in place, you'll find domestic violence numbers,
false allegations and child abuse and sexual assault going down.
Ms. Buffington doesn't believe the council spends wisely and
encouraged the members to defeat HB 303.
VICE CHAIRMAN IVAN asked if there was anyone else who wanted to
testify.
UNIDENTIFIED SPEAKER said they support the bill but don't want to
hold the bill up.
Number 0093
REPRESENTATIVE RYAN made the motion to move HB 303 from committee,
with individual recommendations and attached zero fiscal note.
There being no objections, HB 303 moved from the House State
Affairs Standing Committee.
ADJOURNMENT
Number 0099
VICE CHAIRMAN IVAN adjourned the House State Affairs Standing
Committee at 9:00 a.m.
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