02/12/2009 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB63 | |
| HJR3 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 63 | TELECONFERENCED | |
| *+ | HJR 3 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 12, 2009
8:07 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton, Vice Chair
Representative Carl Gatto
Representative Craig Johnson
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 63
"An Act relating to the Council on Domestic Violence and Sexual
Assault."
- MOVED CSHB 63(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 3
Proposing an amendment to the Constitution of the State of
Alaska requiring an affirmative vote of the people before any
form of gambling for profit may be authorized in Alaska and
setting other requirements.
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 63
SHORT TITLE: COUNCIL DOMESTIC VIOLENCE: MEMBERS, STAFF
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH, HOLMES, COGHILL,
WILSON
01/20/09 (H) PREFILE RELEASED 1/16/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) STA, FIN
02/12/09 (H) STA AT 8:00 AM CAPITOL 106
BILL: HJR 3
SHORT TITLE: CONST.AM:NO GAMING WITHOUT VOTER APPROVAL
SPONSOR(s): REPRESENTATIVE(s) CRAWFORD, DAHLSTROM
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) STA, JUD, FIN
02/12/09 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 63 as co-prime sponsor.
CRYSTAL KOENEMAN, Staff
Representative Anna Fairclough
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Highlighted a sectional analysis to HB 63,
on behalf of Representative Fairclough, co-prime sponsor.
ANN HOUSE, Chair
Council on Domestic Violence & Sexual Assault (CDVSA)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 63.
REPRESENTATIVE CRAWFORD
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 3 as co-prime sponsor.
ACTION NARRATIVE
8:07:07 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:07 a.m. Representatives Seaton, Gatto,
Johnson, Wilson, Gruenberg, Petersen, and Lynn were present at
the call to order.
HB 63-COUNCIL DOMESTIC VIOLENCE: MEMBERS, STAFF
8:07:31 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 63, "An Act relating to the Council on Domestic
Violence and Sexual Assault."
8:08:27 AM
REPRESENTATIVE FAIRCLOUGH, Alaska State Legislature, presented
HB 63 as co-prime sponsor. She noted that she was a past
executive director of Stand Together Against Rape (STAR), and is
involved with the National Sexual Violence Resource Center
(NSVRC). She said the proposed bill has bipartisan support.
Representative Fairclough reminded the committee that two years
ago she had brought the subject of sexual violence and assault
before the legislature. She offered her understanding that for
21 of the last 22 years, Alaska has ranked number one in the
nation for sexual assault and domestic violence. Furthermore,
she indicated that child abuse and suicide rates are also high.
Since then, she related, she has been [part of a task force]
investigating some of the apparent problems associated with the
Council on Domestic Violence and Sexual Assault (CDVSA).
8:10:07 AM
REPRESENTATIVE FAIRCLOUGH said one concern was whether the
council should be located in the Department of Public Safety or
be moved to the Department of Health and Human Services.
Another concern is related to the governor's involvement with
the membership of the council. Yet another concern is whether
or not those council members named by the network were
inappropriately influencing the council in making poor grant
management decisions.
REPRESENTATIVE FAIRCLOUGH brought attention to the first
paragraph on the first page of the sponsor statement, which read
as follows [original punctuation provided]:
The Legislative Task Force, created by House Bill 215
in 2007, was directed to consider the Council's
relationship and consultation with other state
agencies; the statutory responsibilities and
priorities of the Council; the appointment process for
members of the Council; the location of the Council
within the state administrative structure; the
Council's compliance with grant management
requirements; and the Council's mission and the focus
of the Council's mission on prevention, intervention,
crisis response, and perpetrator accountability.
REPRESENTATIVE FAIRCLOUGH said the task force reached out to the
following communities: Bethel, Fairbanks, Juneau, and
Anchorage. Hearings were held in each of those locations,
during which the task force questioned police departments, law
enforcement agencies, direct responders, hospitals, nurses, and
advocates to find out what kind of relationship they had with
the council and how the council was responding in the individual
communities. Representative Fairclough said she served on the
task force along with Representatives Holmes and Coghill, and in
partnership with Senators Bundy, Elton, and Olson. She
indicated that each of the task force members support HB 63.
She said the Departments of Education and Early Development,
Public Safety, Corrections, Law, and Health and Social Services,
as well as an urban community member and a rural representative
were also involved.
8:13:02 AM
REPRESENTATIVE FAIRCLOUGH deferred to her staff for a sectional
analysis.
8:13:17 AM
CRYSTAL KOENEMAN, Staff, Representative Anna Fairclough, Alaska
State Legislature, on behalf of Representative Fairclough, co-
prime sponsor, highlighted parts of the sectional analysis,
which read as follows [original punctuation provided]:
Section 1. Amends AS 18.66.020(1)
Changes the number of members on the council from
three public members to four public members
Adds language that states that one of the public
members must be from a rural area
Adds a new subsection adding in the commissioner of
corrections or a designee of the commissioner of
corrections as a member of the council
Section 1. Amends AS 18.66.020(b)
Changes the term of office of a public member from two
years to three years
Changes language from "shall" to "may" in regards to
the Governor consulting the Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA) regarding the
appointment of public members to the Council.
Section 1. Amends AS 18.66.020(c)
Adds language that deals with members appointed
to the council that states they may not be an employee
of the State of Alaska
Section 2. Amends AS 18.66.020(d)
Adds new subsection that defines the term
"rural area"
Section 3. Amends AS 18.66.040
Changes the quorum requirement from four
members to five members
Section 4. Amends AS 18.66.050
Changes language making staff positions in the Council
non-exempt, other than the Executive Director
Adds language for the Department of Corrections in
regards to coordinating services
Section 5. Amends AS 39.25.110(38)
Changes the staff of the executive director from the
exempt service to the classified service
Section 6. Amends Uncodified law of the State of
Alaska
Adds new subsection that deals with the appointing of
a new member to the council within 30 days after this
Act takes effect
Extends the term of the public members from two years
to three years
MS. KOENEMAN explained that the increase in the quorum directly
relates to the increase in members. She explained that a change
to classified service from exempt makes those positions more
secure.
8:15:16 AM
REPRESENTATIVE FAIRCLOUGH noted that there are letters from the
network and the council in support of the aforementioned change
of "shall" to "may". She pointed out that the definition of
"rural" is taken from an already existing definition in state
statute.
8:16:21 AM
REPRESENTATIVE FAIRCLOUGH, in response to Representative Gatto,
relayed that the council is funding mechanism as well as a
strategic planning organization. The total number of those
serving on the council would be changed from seven to nine. She
confirmed that the Department of Corrections is represented on
the task force. She explained, "They were seen as a valued
resource because of perpetrator accountability." In response to
another question from Representative Gatto, she explained that
currently council staff are subject, like commissioners, to come
and go with the administration, and the task force recommends
that staff be made classified in order to attain stability and
historical perspective.
8:19:10 AM
REPRESENTATIVE SEATON directed attention to the fourth bullet
point on page 11 of the CDVSA Legislative Task Force report,
which read:
The 2005 Legislative Audit found that the Council was
not living up to its statutory responsibility to work
with the Department of Education and Early Development
to develop curricula on domestic violence and sexual
assault for use in schools. Further, it was not
consulting with Health and Social Services to develop
standards and procedures for delivery of services in
health care facilities.
REPRESENTATIVE FAIRCLOUGH explained that the task force
recommended that the council put together a strategic plan, and
she indicated that is happening. One related issue is regarding
funding. She clarified that in statute there is a position for
an educator, but that position is not funded. The purpose of
bringing the task force forward was to address the issue of
prevention, and the task force asked the council to devise a
strategic plan to deal with four components: prevention,
intervention, [crisis response], and perpetrator accountability.
REPRESENTATIVE SEATON observed that the first and fourth bullet
points [on page 11 of the task force report] are indentifying a
coordination between "those three departments." He continued:
I just want to make sure that ... when things were
reviewed in the bill as we have, we've got Corrections
in there, that we some how incorporated the audit
recommendation that Education and Health and [Social]
Services be incorporated [in] that communication.
And, if I'm understanding, what you're reporting to me
is that the strategic plan accomplished that ...
[which] was required.
REPRESENTATIVE FAIRCLOUGH responded as follows:
The strategic plan places that out. It was just
released, and so, they have been working together to
develop that. But the task force did not agree to
bring forward a financial request to you this year
until we saw that a strategic plan was implemented and
that that communication was happening.
... The auditor, as you're pointing out, and we agree,
... [is] saying that there wasn't communication to
develop the curriculum. But what the auditor didn't
know is that the council had worked with specific
(indisc. -- coughing) organization, and there was a
grant that was let for ... a boy's curriculum to work
with rape prevention. ... The auditor didn't have
that information, so, the council went back, and in
collaboration came up with a strategic plan and, I
believe, are looking at memorandum of understandings
to outline how they communicate with each other. They
believed it was happening, but the auditor couldn't
see it in paperwork.
REPRESENTATIVE SEATON said he wanted to make certain that that
portion of the recommendations had been incorporated or
addressed in some manner in the proposed legislation.
REPRESENTATIVE FAIRCLOUGH responded, "This bill does not address
that particular finding."
REPRESENTATIVE SEATON asked, "But you believe that that
coordination is happening through the strategic plan?"
REPRESENTATIVE FAIRCLOUGH answered yes.
8:23:48 AM
REPRESENTATIVE GRUENBERG directed attention to the definition of
rural area on page 2, line 17, and noted that a representative
from Bethel has requested that that figure be raised from 5,500
to 7,000. He asked Representative Fairclough if she would have
any objection to that.
REPRESENTATIVE FAIRCLOUGH said she would object, because
Legislative Legal and Research Services has told her that a
definition of rural already existing in statute. She said she
does not have a problem "expanding" to allow others to be
represented, but pointed out that no one is excluded from
serving on the council now. What is not represented on the
council is "a remote, smaller voice," she said.
REPRESENTATIVE GRUENBERG said he would not offer such an
amendment if Representative Fairclough will assure him that she
will discuss the issue with Representative Bob Herron.
REPRESENTATIVE FAIRCLOUGH said she would do so.
REPRESENTATIVE GRUENBERG directed attention to the third
paragraph of a letter from the chair of CDVSA, dated February 8,
2009, [included in the committee packet], which read as follows
[original punctuation provided]:
Council members are supportive of the change making it
optional for the Governor to consult the Alaska
Network on Domestic Violence and Sexual Assault about
public member appointments. However, in our
discussions, we agreed that it is a good idea for the
governor's office to ask for such recommendations, and
we encourage making that connection in order to secure
a pool of well qualified applicants.
REPRESENTATIVE GRUENBERG noted that the language to which the
letter refers is found on page 2, line 10, "The governor may
consult". He said the council seems to support the language in
the first part of the paragraph, but then seems to change by the
latter part. He asked Representative Fairclough if she would
support a change from "may" to "should" or to "is encouraged
to".
REPRESENTATIVE FAIRCLOUGH explained that she does not object to
that, but Legislative Legal and Research Services recommended
the word "may" because it has been legally tested, while
"should" has not.
8:28:38 AM
REPRESENTATIVE GRUENBERG, speaking as a lawyer, said he thinks
"is encouraged to" makes the language aspirational, while not
making it legally binding.
REPRESENTATIVE FAIRCLOUGH said she agrees with Representative
Gruenberg's position, but asked that he not propose an amendment
to change that language. She explained that she would not speak
against such an amendment, but Legislative Legal and Research
Services has told her that "we do not inspire in statute, we use
language that's defendable in law."
REPRESENTATIVE GRUENBERG said he will not offer the amendment,
but offered to speak with Representative Fairclough, the
director of the council, and Legislative Legal and Research
Services to "get you to where you want to be."
REPRESENTATIVE FAIRCLOUGH expressed appreciation of the offer.
8:31:03 AM
REPRESENTATIVE PETERSEN directed attention to the second bullet
point on page 12 of the CDVSA Legislative Task Force report,
which read as follows [original punctuation provided]:
The Legislature should provide additional funds to
support the school health education specialist
position as required by AS 14.30.360 to assist
districts in the coordination and development of
curriculum to address domestic violence, sexual
assault, and interpersonal violence.
REPRESENTATIVE PETERSEN asked if that recommendation was
incorporated into the proposed legislation, and how exactly that
person would coordinate the development of the curriculum.
REPRESENTATIVE FAIRCLOUGH explained as follows:
Our auditors have "dinged" ... the council for not
communicating with the Department of Education [and
Early Development] in the curriculum development, and
this position had meant to (indisc. -- coughing) make
that connection. But when the task force reviewed
everything that was happening inside of the council -
struggling with staff and staff retention, historical
perspective - we didn't feel like we should move that
forward at this time and in this fiscal environment.
We have (indisc. -- coughing), it's a resource there,
but right now we felt like the council needed to, as a
task force, roll out a strategic plan so they knew
where they were going. And they are talking, but the
task force as a group, and those who've sponsored this
bill, have not included that recommendation as of yet.
8:32:34 AM
REPRESENTATIVE WILSON expressed appreciation that the smaller
communities are being included, because many of them do not have
law enforcement or village public safety officers (VPSOs).
CHAIR LYNN concurred.
8:33:20 AM
REPRESENTATIVE GATTO talked about a class required for those
individuals imprisoned on charges of battery. He said sometimes
the sentences are too short for the inmate to be able to
complete the class.
REPRESENTATIVE FAIRCLOUGH said the task force is looking into a
program which would allow the person to complete the program
outside of incarceration. She noted that rural areas, in
particular, often do not have the means to help a former
convicted batterer finish such a program. The Department of
Corrections could be involved. She noted that in the past, the
Department of Corrections was a part of the Department of Public
Safety, but when it was separated it lost out on being part of
the council.
REPRESENTATIVE FAIRCLOUGH, in response to a question from
Representative Gatto about the fiscal note, said she cannot
detail what the fiscal note covers without consulting Jo Griggs.
In response to a follow-up question, she said council members do
not get paid, but surmised that if council members receive a
stipend, the majority of it covers travel.
REPRESENTATIVE SEATON said the fiscal note from the Department
of Public Safety mentions travel for the commissioner. He
pointed out that the commissioner normally has his/her own
travel budget, and he wants to ensure that "this isn't an add-on
leveraging money into Public Safety." He asked Representative
Fairclough to consider that issue as the bill is heard in the
House Finance Committee.
The committee took an at-ease from 8:38:28 AM to 8:38:43 AM.
CHAIR LYNN, after ascertaining that there was no one to testify,
closed public testimony.
8:39:23 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 1,
labeled 26-LS0138\P, 2/12/09, which would insert "Alaska" after
"the" on page 1, line 10. He explained that the word "Alaska"
is needed before "Network on Domestic Violence and Sexual
Assault" anywhere it appears in the bill. He noted that it also
occurs on page 2, line [11].
8:40:12 AM
CHAIR LYNN asked if there was any objection to Conceptual
Amendment 1. There being none, it was so ordered.
CHAIR LYNN reopened public testimony.
8:40:47 AM
ANN HOUSE, Chair, Council on Domestic Violence & Sexual Assault
(CDVSA), talked about the council. She emphasized the
importance of the council. She recommended every committee
member visit one of the shelters. She pointed out the
aforementioned letter from the council, which she authored, and
she offered to answer questions. She stressed that the council
is looking for money to focus on prevention of domestic violence
and sexual assault in Alaska. She expressed gratefulness for
the task force's putting the council on its "track." She said
the council needs members from outlying areas, because those
members offer a different point of view. Ms. House talked about
the learning curve serving on the council, and reminded
committee members that those on the council serve without pay -
they receive money only for travel.
8:43:25 AM
REPRESENTATIVE SEATON moved to report HB 63, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 63(STA) was
reported out of the House State Affairs Standing Committee.
The committee took an at-ease from 8:44:17 AM to 8:47:08 AM.
HJR 3-CONST.AM:NO GAMING WITHOUT VOTER APPROVAL
8:47:11 AM
CHAIR LYNN announced that the last order of business was HOUSE
JOINT RESOLUTION NO. 3, Proposing an amendment to the
Constitution of the State of Alaska requiring an affirmative
vote of the people before any form of gambling for profit may be
authorized in Alaska and setting other requirements.
8:47:32 AM
REPRESENTATIVE CRAWFORD, Alaska State Legislature, presented
HJR 3 as co-prime sponsor. He said the proposed resolution
would require a statewide vote of the people to legalized any
form of gaming or gambling for profit. Furthermore, any
municipality or organized borough could vote independently on
the matter. If there were an affirmative statewide vote to
legalize gambling or gaming, Homer, for example, could vote to
make it illegal in its locality. The resolution would not
interfere with anything that is currently legal, such as
charitable gaming and lotteries. He offered to answer
questions.
CHAIR LYNN asked about statewide lotteries such as are held in
other states.
REPRESENTATIVE CRAWFORD said he hesitates to answer, because he
does not know how far current charitable gaming and lottery law
goes, but he reiterated that the resolution would not change
anything that is currently legal.
CHAIR LYNN mentioned a recent lottery that had unintended
consequences.
REPRESENTATIVE CRAWFORD said, "That is currently legal under the
law that we have now," but said "It didn't turn out very well
for anybody - even the winner." He said he would take a close
look at that to consider some form of modification.
8:51:58 AM
REPRESENTATIVE CRAWFORD, in response to Representative Gatto,
said the tradition of splitting the pot at high school football
games, since already established, would not be affected by the
proposed resolution. In response to another example, he
reiterated that those gaming laws already set up would not be
affected by HJR 3.
8:54:23 AM
REPRESENTATIVE SEATON asked if the bill would change the current
situation involving gaming on cruise ships. He offered his
understanding that "the collection of part of that tax does not
give a permit for that within the state."
REPRESENTATIVE CRAWFORD responded that the issue seems to be an
unclear part of law. He revealed his intent to introduce a
separate bill to stop collecting tax on the gambling which takes
place on cruise ships. However, he said that is a separate
question.
CHAIR LYNN said he doesn't think the committee wants to talk
about that issue while discussing HJR 3.
REPRESENTATIVE CRAWFORD concurred.
REPRESENTATIVE SEATON requested the bill sponsor get a legal
opinion regarding the possible impact of HJR 3 on the cruise
ship industry and gambling on cruise ships in particular.
CHAIR LYNN said he thinks that would be a good idea. He noted
that HJR 3 would be held for further consideration beyond
today's discussion.
REPRESENTATIVE CRAWFORD offered his belief that a legal opinion
has already been obtained when similar legislation was heard
last year.
CHAIR LYNN asked Representative Crawford to check into it.
REPRESENTATIVE GATTO said he thinks cruise ship gambling is
regulated by federal government.
8:57:59 AM
REPRESENTATIVE WILSON talked about the effect of gambling on
various classes of people, noting that after the initial
interest by many wears off, those who become addicted to
gambling tend to be those without jobs. She said studies have
shown that people will spend their grocery money on gambling.
She opined that addictive gambling destroys families, and she
said the proposed resolution is a good one. She concluded that
Alaska is better off the way it is currently.
CHAIR LYNN concurred. He noted that he is one of the co-
sponsors. He named the co-prime sponsors and co-sponsors and
invited others to join in sponsorship of the resolution.
9:00:45 AM
REPRESENTATIVE PETERSEN related that he is from Iowa, which
currently has more forms of legalized gambling of any state
other than Nevada. He said recently there has been a task force
studying the effects of gambling, and studies are now showing
that 6 percent of Iowans are now gambling addicts and gambling
might actually be costing the state more money than it is
bringing in. He expressed concern that Alaska could end up with
more than 6 percent of its population addicted, because "in
remote areas of the state there's very little entertainment."
CHAIR LYNN talked about the cost of gaming to families.
REPRESENTATIVE PETERSEN spoke of gambling machines in grocery
stores which have resulted in shoppers leaving the store without
having bought any groceries.
9:03:48 AM
REPRESENTATIVE GATTO observed that Nevada is successful with its
gambling because it "mines" California. He stated his support
of the proposed resolution.
9:05:22 AM
CHAIR LYNN announced that he would be hearing public testimony
at another time.
9:05:53 AM
REPRESENTATIVE CRAWFORD expressed appreciation for House State
Affairs Standing Committee's hearing the resolution early in the
session so that it might be approved before the rush at the end
of session.
CHAIR LYNN assured Representative Crawford that when the
sponsors are ready to discuss the bill again, the committee
would place that hearing "close to the top of the list."
REPRESENTATIVE CRAWFORD mentioned studies conducted in South
Carolina and North Dakota which show that for every dollar in
tax money that gambling brings in, the state pays out about $3
in social services monies to counteract the ills caused by the
gambling. He said that does not even take into account the rate
of suicide, bankruptcy, domestic violence, and alcoholism
increasing the closer the proximity to a casino. He stated, "I
can't see any advantage to anybody, other than the owners of
these casinos and electronic gaming machines. It's a fool's
paradise, and it's not something that we need in Alaska. In
fact, it's something that we need to do everything in our power
not to bring in."
9:08:38 AM
CHAIR LYNN announced that HJR 3 was held over.
9:08:55 AM
CHAIR LYNN discussed the upcoming calendar.
9:09:13 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:09
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2-12-09 CS for HB 63 (STA).pdf |
HSTA 2/12/2009 8:00:00 AM |
HB 63 |
| 2-12-09 FAX Final CS for HB 63.doc |
HSTA 2/12/2009 8:00:00 AM |
HB 63 |
| HB63-DOC-OC-02-09-09.pdf |
HSTA 2/12/2009 8:00:00 AM |
HB 63 |
| HB063-DPS-CDVSA-02-12-2009.pdf |
HSTA 2/12/2009 8:00:00 AM |
HB 63 |
| HB 63 Sectional Analysis.pdf |
HSTA 2/12/2009 8:00:00 AM |
HB 63 |
| HB 63 Sponsor Statement.pdf |
HSTA 2/12/2009 8:00:00 AM |
HB 63 |