Legislature(2003 - 2004)

04/08/2003 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 8, 2003                                                                                          
                           3:40 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Gary Stevens, Chair                                                                                                     
Senator John Cowdery, Vice Chair                                                                                                
Senator Fred Dyson                                                                                                              
Senator Gretchen Guess                                                                                                          
MEMBERS ABSENT                                                                                                                
Senator Lyman Hoffman                                                                                                           
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 158                                                                                                             
"An Act transferring the Council  on Domestic Violence and Sexual                                                               
Assault from  the Department of  Public Safety to  the Department                                                               
of Health  and Social  Services; and  providing for  an effective                                                               
     HEARD AND HELD                                                                                                             
SENATE CONCURRENT RESOLUTION NO. 6                                                                                              
Relating to the location of the state's new seafood laboratory.                                                                 
     MOVED SCR 6 OUT OF COMMITTEE                                                                                               
SENATE BILL NO. 148                                                                                                             
"An Act  relating to  allowable absences  for certain  members of                                                               
the armed  forces and their  spouses and dependents  for purposes                                                               
of eligibility  for permanent fund  dividends; and  providing for                                                               
an effective date."                                                                                                             
     MOVED SB 148 OUT OF COMMITTEE                                                                                              
SENATE BILL NO. 146                                                                                                             
"An Act relating to a  commemorative veterans' license plate; and                                                               
providing for an effective date."                                                                                               
     MOVED SB 146 OUT OF COMMITTEE                                                                                              
CS FOR HOUSE BILL NO. 52(JUD)                                                                                                   
"An Act  relating to the  forfeiture of property used  to possess                                                               
or distribute  child pornography,  to commit indecent  viewing or                                                               
photography,  to  commit  a  sex   offense,  or  to  solicit  the                                                               
commission  of,   attempt  to  commit,  or   conspire  to  commit                                                               
possession or distribution of child pornography, indecent                                                                       
viewing or photography, or a sexual offense."                                                                                   
     MOVED SCS CSHB 52 (STA) OUT OF COMMITTEE                                                                                   
SENATE BILL NO. 22                                                                                                              
"An Act limiting the factors that may be considered in making a                                                                 
crime victims' compensation award in cases of sexual assault or                                                                 
sexual abuse of a minor."                                                                                                       
     BILL POSTPONED TO 4/10/03                                                                                                  
PREVIOUS ACTION                                                                                                               
SB 146 - No previous action to record.                                                                                          
SB 148 - No previous action to record.                                                                                          
SB 158 - No previous action to record.                                                                                          
SJR 6 - No previous action to record.                                                                                           
HB 52 - No previous action to record.                                                                                           
WITNESS REGISTER                                                                                                              
Paulette Schuerch                                                                                                               
Alaska State Capitol, Room 119                                                                                                  
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Introduced SB 158                                                                                         
Kristy Tibbles                                                                                                                  
Alaska State Capitol, Room 119                                                                                                  
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Answered questions on SB 158                                                                              
Juanita Hensley                                                                                                                 
Special Assistant                                                                                                               
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, AK  99811-1200                                                                                                          
POSITION STATEMENT: Testified on SB 158                                                                                       
Karleen Jackson                                                                                                                 
Deputy Commissioner                                                                                                             
Department of Health &                                                                                                          
  Social Services                                                                                                               
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT: Testified on SB 158                                                                                       
Marcia McKenzie                                                                                                                 
P.O. Box 33977                                                                                                                  
Juneau, AK 99803                                                                                                                
POSITION STATEMENT: Testified on SB 158                                                                                       
Caren Robinson                                                                                                                  
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 158                                                                                       
Lori Huginan                                                                                                                    
Alaska Network on Domestic Violence                                                                                             
130 Seward Street, Room 130                                                                                                     
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Testified on SB 158                                                                                       
Deb Knaff                                                                                                                       
Sitkans Against Family Violence                                                                                                 
P.O. Box 6136                                                                                                                   
Sitka, AK 99835                                                                                                                 
POSITION STATEMENT: Testified on SB 158                                                                                       
Carol Gooden-Rice                                                                                                               
Advocates for Victims of Violence                                                                                               
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 158                                                                                       
Anna Fairclough                                                                                                                 
Standing Together Against Rape (STAR)                                                                                           
1057 W. Fireweed Lane, Suite 230                                                                                                
Anchorage, AK 99503                                                                                                             
POSITION STATEMENT: Testified on SB 158                                                                                       
Michelle DeWitt                                                                                                                 
P.O. Box 2847                                                                                                                 
Bethel, AK 99559                                                                                                                
POSITION STATEMENT: Testified on SB 158                                                                                       
Elena Aluskak                                                                                                                   
Children's Advocate                                                                                                             
P.O. Box 2965                                                                                                                   
Bethel, AK 99559                                                                                                                
POSITION STATEMENT: Testified on SB 158                                                                                       
Brenda Stanfill                                                                                                                 
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 158                                                                                       
Kimberlee Vanderhoof                                                                                                            
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 158                                                                                       
Doug Bell                                                                                                                       
Alaska Seafood International                                                                                                    
6689 Seafood Drive                                                                                                              
Anchorage, AK 99518                                                                                                             
POSITION STATEMENT: Testified on SCR 6                                                                                        
Ron Miller                                                                                                                      
Alaska Industrial Development & Export Authority                                                                                
Department of Community & Economic Development                                                                                  
PO Box 110800                                                                                                                   
Juneau, AK 99811-0800                                                                                                           
POSITION STATEMENT: Testified on SCR 6                                                                                        
Kristin Ryan                                                                                                                    
Director of the Division of Environmental Health                                                                                
Department of Environmental Conservation                                                                                        
410 Willoughby                                                                                                                  
Juneau, AK 99801-1795                                                                                                           
POSITION STATEMENT: Testified on SCR 6                                                                                        
Tom Livingston                                                                                                                  
Livingston Slone Architects                                                                                                     
No address provided                                                                                                             
POSITION STATEMENT: Testified on SCR 6                                                                                        
Matt Tanaka                                                                                                                     
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT: Testified on SCR 6                                                                                        
Annette Skibinski                                                                                                               
Staff to Senator John Cowdery                                                                                                   
Alaska State Capitol, Room 101                                                                                                  
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Testified on SB 148                                                                                       
Larry Persily                                                                                                                   
Deputy Commissioner                                                                                                             
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT: Testified on SB 148                                                                                       
Gale Haller                                                                                                                     
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 148                                                                                       
Charles Hosack                                                                                                                  
Deputy Director                                                                                                                 
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
POSITION STATEMENT: Testified on SB 146                                                                                       
Representative Lesil McGuire                                                                                                    
Alaska State Capitol, Room 403                                                                                                  
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor HB 52                                                                                             
ACTION NARRATIVE                                                                                                              
TAPE 03-16, SIDE A                                                                                                            
CHAIR GARY STEVENS called the Senate State Affairs Standing                                                                   
Committee meeting to order at 3:40 p.m. Present were Senators                                                                   
Dyson, Cowdery, Guess and Chair Gary Stevens.                                                                                   
The first order of business was SB 158.                                                                                         
         SB 158-MOVE DOMESTIC VIOLENCE COUNCIL TO DHSS                                                                      
PAULETTE SCHUERCH, legislative intern to Senator Ben Stevens,                                                                   
read from the sponsor statement:                                                                                                
     SB 158 would transfer  the Council on Domestic Violence                                                                    
     and  Sexual  Assault  (Council) to  the  Department  of                                                                    
     Health  and  Social  Services  (DHSS).  Alaska  Statute                                                                    
     18.66 established  the Council under the  Department of                                                                    
     Public  Safety (DPS)  in 1981.  This statute  gives the                                                                    
     Council the  authority "...to provide for  planning and                                                                    
     coordination  of   services  to  victims   of  domestic                                                                    
     violence or sexual assault or  to their families and to                                                                    
     perpetrators  of domestic  violence and  sexual assault                                                                    
     and to  provide for crisis intervention  and prevention                                                                    
     programs."   This   coordination   includes   providing                                                                    
     emergency safe  housing, counseling, education/outreach                                                                    
     services, and technical assistance  to programs such as                                                                    
     Advocates for  Victims of Violence, Abused  Women's Aid                                                                    
     in  Crisis,  Arctic  Women in  Crisis,  Alaska  Women's                                                                    
     Resource  Center,  South  Peninsula  Women's  Services,                                                                    
     Standing  Together  Against  Rape and  Sitkans  Against                                                                    
     Family Violence to name a few.                                                                                             
     The  mission of  DHSS is  to "promote  and protect  the                                                                    
     health and  well-being of Alaskans." DHSS  has in place                                                                    
     established   programs  and   services  that   will  be                                                                    
     beneficial  to the  Council on  Domestic Violence  that                                                                    
        · Division of Administrative Services that deals                                                                        
          with federal granting agencies                                                                                        
        · Division of Alcoholism and Drug Abuse to assist                                                                       
          in developing prevention and education                                                                                
        · Division of Family and Youth Services that have                                                                       
          29 field offices for child protective services in                                                                     
     SB  158  would  create a  closer  working  relationship                                                                    
     between  the  Council  and  DHSS   as  required  in  AS                                                                    
     18.66.050  (12)   &  (14)  for   developing  standards,                                                                    
     procedures   and  continuing   education  on   domestic                                                                    
     violence.  A  2002  sunset audit  review  performed  by                                                                    
     Legislative Budget  and Audit showed that  this had not                                                                    
     yet  been  accomplished.  Adoption of  this  bill  will                                                                    
     provide   adequate    resources   to    enhance   their                                                                    
     capabilities  and  become   a  more  efficient  Council                                                                    
     program under DHSS.                                                                                                        
SENATOR JOHN COWDERY said this appears  to make sense, but at the                                                               
same  time  it makes  sense  to  leave  the Council  on  Domestic                                                               
Violence and Sexual Assault with  the Department of Public Safety                                                               
(DPS). It's a question of which makes most sense.                                                                               
KRISTY TIBBLES,  legislative assistant  for Senator  Ben Stevens,                                                               
said   because   there   is    reorganization   under   the   new                                                               
Administration and  specifically because the Council  for Victims                                                               
Justice,  the Victims  Crime Compensation  Board and  the Violent                                                               
Crimes  Compensation  Board are  moving  from  DPS to  DHSS,  the                                                               
sponsor  feels  it is  appropriate  to  transfer the  Council  on                                                               
Domestic Violence and Sexual Assault at this time as well.                                                                      
SENATOR COWDERY  asked whether there  was any  economic incentive                                                               
for the move.                                                                                                                   
MS. TIBBLES replied a potential  benefit would be that since DHSS                                                               
has more  federal grant  writers than DPS,  they might  be better                                                               
able to assist the Council in this area.                                                                                        
SENATOR COWDERY asked if this would  be a positive impact for the                                                               
MS. TIBBLES said she believed so.                                                                                               
SENATOR COWDERY asked how many people would be affected.                                                                        
MS. TIBBLES wasn't sure.                                                                                                        
CHAIR GARY STEVENS  questioned whether the move would  in any way                                                               
lessen the role played by DPS in cases involving violence.                                                                      
MS.  TIBBLES  replied  a  DPS  representative  was  available  to                                                               
respond  then said,  "We certainly  hope it  does not  lessen the                                                               
role at all. We've come a  long way to take those domestic crimes                                                               
SENATOR GRETCHEN GUESS declared a  conflict because she is a STAR                                                               
(Standing  Together Against  Rape) board  member. She  questioned                                                               
the proposed move because there  would be no monetary impact. The                                                               
argument  that  DHSS  has more  grant  writers  isn't  defensible                                                               
because  that  department  has many  divisions  and  writes  more                                                               
federal  grants.   She  inquired   whether  the  sponsor   had  a                                                               
commitment that  DHSS would dedicate  a grant writer  to domestic                                                               
violence  and sexual  assault issues  because  she couldn't  find                                                               
anything  in writing  that indicated  there would  be more  money                                                               
dedicated to these issues.                                                                                                      
MS. TIBBLES acknowledged there was  no such commitment then noted                                                               
the  2002 legislative  audit recommended  the  Council work  more                                                               
closely with DHSS.                                                                                                              
SENATOR  GUESS   advised  that   recommendation  was   made  with                                                               
reference to specific issues that have been resolved.                                                                           
Her  second question  dealt  with the  reference  to the  statute                                                               
regarding  standards  with  DHSS,   but  it's  actually  domestic                                                               
violence standards.  She noted  the sponsor  statement repeatedly                                                               
made  reference to  domestic violence,  but those  in the  sexual                                                               
assault  advocacy community  understand sexual  assault is  not a                                                               
domestic crime. She questioned the  reasoning for moving criminal                                                               
issues  to  DHSS and  asked  whether  she  was correct  that  the                                                               
statute was just on domestic violence.                                                                                          
MS. TIBBLES wasn't sure.                                                                                                        
SENATOR GUESS  said she was quite  certain that was the  case and                                                               
Ms. Tibbles might want to check that.                                                                                           
She made reference  to a letter from the  Governor that requested                                                               
that the  Council stay at  DPS and  asked whether he  had changed                                                               
his position.                                                                                                                   
MS.  TIBBLES replied  the Governor  originally considered  moving                                                               
the  Council  to  DHSS  then  chose  not to  do  so.  It  is  her                                                               
understanding that  the Administration has now  assumed a neutral                                                               
SENATOR  GUESS asked  why domestic  violence  grants wouldn't  be                                                               
transferred   between   departments  by   reimbursable   services                                                               
agreement  (RSA)  as  is  now the  case.  Currently  the  Council                                                               
receives RSA money  from the federal health  education and social                                                               
services  as well  as  the Department  of  Justice. She  couldn't                                                               
understand why that  wasn't a viable alternative if  DHSS does in                                                               
fact have more comprehensive grant writing capabilities.                                                                        
MS. TIBBLES acknowledged that could be an alternative.                                                                          
CHAIR  GARY  STEVENS  asked  the   Department  of  Public  Safety                                                               
representative to come forward.                                                                                                 
JUANITA HENSLEY,  special assistant  to the commissioner  of DPS,                                                               
advised the  department is neutral  on the bill.  Arguments could                                                               
be made for  either maintaining the status quo or  for moving the                                                               
Council  to DHSS;  the  decision  is up  to  the Legislature.  In                                                               
either case,  DPS Commissioner Tandeske  is committed  to support                                                               
any domestic  violence and  sexual assault  cases. Of  course she                                                               
couldn't  predict whether  subsequent commissioners  would be  as                                                               
SENATOR  FRED DYSON  stated the  staff and  volunteers from  STAR                                                               
deal directly  with the  police at crime  scenes by  assisting in                                                               
gathering  evidence  and  in  accompanying   the  victim  to  the                                                               
hospital to  arrange for services.  This is the point  where most                                                               
interaction with state agencies occurs.                                                                                         
SENATOR GUESS said the Senator brought  up a good point and there                                                               
is a broader policy issue  here. Because the relationship between                                                               
public safety  officers and  victims and  people who  support the                                                               
victims is the  most important relationship there  is in victim's                                                               
services, she questioned why a  move to DHSS would be considered.                                                               
Although   she   is   impressed  with   Commissioner   Tandeske's                                                               
commitment  to domestic  violence and  sexual assault,  decisions                                                               
should be  made that plan  beyond the tenure of  one commissioner                                                               
or this Administration. Why risk this established relationship?                                                                 
MS. HENSLEY replied  the Council on Domestic  Violence and Sexual                                                               
Assault oversees the policies on  domestic violence in the state.                                                               
It is a granting agency  that grants monies to victim's programs.                                                               
That won't change; advocacy work  doesn't come from public safety                                                               
other  than when  the  police  officer takes  the  victim to  the                                                               
SENATOR GUESS agreed then pointed  out the role the Council plays                                                               
in  facilitating  different  groups  was  being  overlooked.  The                                                               
Council  has worked  hard  to establish  and  maintain a  working                                                               
rapport with  the department  and housing  the Council  there has                                                               
facilitated that.                                                                                                               
Again she  asked whether the  Governor had changed his  mind with                                                               
regard to where the Council should reside.                                                                                      
MS. HENSLEY replied  the Administration is neutral  at this time;                                                               
it's a legislative decision. She  didn't believe the commissioner                                                               
had spoken directly to the Governor on this issue.                                                                              
SENATOR GUESS  suggested it was  important that someone  from the                                                               
Administration testify on  the bill before it was  moved from the                                                               
committee  because   it's  important   to  know   the  Governor's                                                               
There were no further questions for Ms. Hensley.                                                                                
CHAIR  GARY  STEVENS  asked  the   DHSS  representative  to  come                                                               
KARLENE  JACKSON,  Deputy  Commissioner  for  the  Department  of                                                               
Health  and   Social  Services,  testified  they   are  similarly                                                               
ambivalent  regarding  the move.  Good  arguments  could be  made                                                               
either way.  At this  time DHSS  has a seat  on the  Council. The                                                               
department  is in  the midst  of a  reorganization that  involves                                                               
five different  components from the Department  of Administration                                                               
(DOA)  and  the Department  of  Education  and Early  Development                                                               
(DEED) so they  aren't looking for new work.  However, they would                                                               
welcome the Council  if the Legislature should  make the decision                                                               
to move  it to DHSS.  Although she's  a newcomer, she  finds they                                                               
have  a  good working  relationship  with  DPS and  wherever  the                                                               
Council is placed, they will make the situation work.                                                                           
SENATOR  COWDERY  asked  whether   any  safety  issues  would  be                                                               
jeopardized if the Council were to move to DHSS.                                                                                
MS.  JACKSON replied  she isn't  the  best person  to answer  the                                                               
question. Although  the current working relationship  between DPS                                                               
and DHSS  is very good, that  could change, which could  become a                                                               
safety issue.  Other than that,  many divisions within  DHSS work                                                               
with DPS issues.                                                                                                                
There were no further questions asked of Ms. Jackson.                                                                           
CHAIR  GARY STEVENS  noted there  were  a number  of people  that                                                               
wanted to testify.                                                                                                              
MARCIA  McKENZIE  advised  she  wrote to  each  committee  member                                                               
stating  her deep  concerns regarding  the proposed  move. It  is                                                               
well established  that domestic  violence and sexual  assault are                                                               
major crimes  that can be  life threatening. Among  other things,                                                               
shelters  help   victims  do   safety  planning   which  includes                                                               
coordinating  access  to  law enforcement  when  needed.  Because                                                               
restraining  orders aren't  always  as effective  as expected  or                                                               
hoped, close ties to law  enforcement are all the more important.                                                               
Over the course of  the 15 years she was in  the field, there was                                                               
a  marked  and  welcome  change  in  attitude.  She  assumes  the                                                               
committee  members  are concerned  about  the  victims and  their                                                               
safety and asked them to  look beyond the Administration and seek                                                               
the views of the victims groups.  She asked the committee to look                                                               
at the granting  process to see whether  DHSS could realistically                                                               
receive more federal  grants. Her experience causes  her to doubt                                                               
that; the  Council seems  to get  all the  federal money  that is                                                               
CAREN  ROBINSON, Alaska  Women's Lobby  representative, testified                                                               
she has  a very personal stake  in this legislation. In  1981 she                                                               
was one  of the legislators  who worked with victims  and victims                                                               
programs for  a year to  craft good legislation. They  started in                                                               
the DHSS  commissioner's office and  through a  long deliberative                                                               
process they set  up the Council on Domestic  Violence and Sexual                                                               
Assault. One of  the final decisions was to house  the Council in                                                               
the  Department of  Public  Safety,  which is  "one  of the  best                                                               
things  that's  ever  happened  to  changing  the  attitudes  and                                                               
setting the direction  this state has gone." Not  only did Alaska                                                               
set   a  model   for  the   rest  of   the  nation,   the  Reagan                                                               
Administration  honored them  for having  the foresight  to place                                                               
the Council in the Department of Public Safety.                                                                                 
In  1994 the  Attorney General's  Task Force  on Family  Violence                                                               
recommended the following for the justice system:                                                                               
     Family violence  should be recognized and  responded to                                                                    
     as  a  criminal  activity.  Law  enforcement  officers,                                                                    
     prosecutors,  and judges  should develop  a coordinated                                                                    
     response  to  family  violence and  communities  should                                                                    
     develop  a  multi  disciplinary  team  to  investigate,                                                                    
     process  and treat  all  instances  of family  violence                                                                    
     especially  cases  of  physical  and  sexual  abuse  of                                                                    
In Alaska  people were  made aware that  the top  law enforcement                                                               
officer  was  committed to  work  to  end domestic  violence  and                                                               
sexual assault.                                                                                                                 
LORI HUGINAN  from the  Alaska Network  on Domestic  Violence and                                                               
Sexual Assault  (Network) explained the Network  is the coalition                                                               
of  the  community-based  programs   that  are  primarily  funded                                                               
through  the Council.  She echoed  Ms.  Robinson's testimony  and                                                               
asked members to table the bill.                                                                                                
She  advised  she  wanted  to talk  about  the  funding  sources.                                                               
Although  they appreciate  Senator Ben  Steven's efforts  to find                                                               
more federal  dollars for  the Council,  and they  agree programs                                                               
are  under funded  and that  there are  areas of  the state  that                                                               
don't offer programs,  it's not been their  experience that there                                                               
are not more federal dollars  available for the programs than the                                                               
Council  is already  receiving. The  Council receives  money from                                                               
the Family Violence  Prevention and Services Act,  the Victims of                                                               
Crime Act,  Rape Prevention and  Sexual Assault  Prevention block                                                               
grant, and  the Center for  Disease Control. They  were receiving                                                               
money for temporary assistance for  needy families but that money                                                               
won't  be  available  in  FY04. There  are  also  some  statewide                                                               
initiatives  the  Council funds  then  RSAs  the money  to  other                                                               
departments for intervention and prevention services.                                                                           
A highlighted  initiative is the  Services Training  Officers and                                                               
Prosecution (STOP)  program. Since its 1996  inception, they have                                                               
RSAd  over $1.1  million to  DPS, $1.1  to DOL,  $290,000 to  the                                                               
court  system, and  over $1.8  million to  victim's services  and                                                               
other    discretionary   projects.    During   this    time   the                                                               
administrative costs have been kept  to about five percent of the                                                               
distributed  amount. They  have  encountered  no difficulties  in                                                               
being  able to  accept  federal dollars  whether  the money  came                                                               
through DHSS or  the Department of Justice.  Similarly, they have                                                               
not exhibited  problems in being  able to accept RSAs  from other                                                               
state departments or RSAing to other state departments.                                                                         
Housing the Council in DPS has  not been a hindrance to acquiring                                                               
federal dollars and she asked  for support in keeping the Council                                                               
in DPS.                                                                                                                         
DEB KNAFF  from Sitka read  a statement from Grace  Brooks urging                                                               
the  committee  to keep  the  Council  on Domestic  Violence  and                                                               
Sexual Assault  housed in the  Department of Public  Safety. Both                                                               
domestic  violence  and  sexual  assault are  crimes  that  would                                                               
receive more  public awareness  under DPS  than DHSS.  Moving the                                                               
Council  would set  the  state  back 20  years  to when  domestic                                                               
violence  was considered  and responded  to as  a private  family                                                               
matter.  Domestic violence  is a  crime against  a victim  but it                                                               
also diminishes  a community and  deserves a  community response.                                                               
Similarly, sexual  assaults are nearly always  felony crimes that                                                               
don't fit with a social services treatment program.                                                                             
CAROL  GOODEN-RICE  from  Valdez  testified  against  moving  the                                                               
Council  from DPS  to  DHSS. Both  domestic  violence and  sexual                                                               
assault are crimes  that involve power and control  and thrive in                                                               
isolation.  She couldn't  understand how  DHSS would  be able  to                                                               
advocate for both  victims and perpetrators of  these crimes. She                                                               
raised that question because it  is not uncommon for perpetrators                                                               
to have  interactions with DHSS  and the Division of  Alcohol and                                                               
Drug Abuse. These crimes are not a private family matter.                                                                       
ANNA  FAIRCLOUGH,   Executive  Director   of  STAR,   echoed  the                                                               
sentiments of  those who spoke  previously regarding the  need to                                                               
keep the Council  on Domestic Violence and  Sexual Assault housed                                                               
in  the Department  of Public  Safety.  She asked  the record  to                                                               
reflect that the  Governor's letter had not been  refuted and she                                                               
didn't believe  he was  neutral on  the issue.  She had  a letter                                                               
that made it clear he wanted the Council to remain in DPS.                                                                      
She  appreciated Senator  Dyson acknowledging  that STAR  went to                                                               
Alaska Regional Hospital  255 times last year  when the Anchorage                                                               
Police Department called  them. They went to the  crime scene and                                                               
were in  the room supporting  the victim while  forensic evidence                                                               
was collected.  Last year they  responded to children  355 times,                                                               
but if family  calls for help were included the  total would rise                                                               
to about 1,200.                                                                                                                 
They are  a part of the  multi-disciplinary team that is  part of                                                               
the goal  for response in  the State  of Alaska. The  Council has                                                               
been housed in DPS  for 22 years and to move it  to DHSS would be                                                               
a step  backward. Both  are crimes  and rape  is a  felony crime,                                                               
which is a public safety issue.                                                                                                 
SENATOR  DYSON  asked  why  STAR didn't  also  go  to  Providence                                                               
MS. FAIRCLOUGH  replied the Anchorage Police  Department sent out                                                               
an  RFP  and  has  a three-year  contract  with  Alaska  Regional                                                               
Hospital to provide services.                                                                                                   
MICHELLE DeWITT,  Executive Director of Tundra  Women's Coalition                                                               
in  Bethel, testified  in  opposition to  SB  158. The  Coalition                                                               
provides shelter  and outreach to  victims of  domestic violence,                                                               
sexual assault, and child sexual  abuse. She assured everyone the                                                               
Department  of Public  Safety  is the  best  place to  coordinate                                                               
services  to crime  victims.  These  are crimes  and  need to  be                                                               
responded to as such.                                                                                                           
As an administrator  and counselor she finds  housing the Council                                                               
in  DPS  facilitates  and strengthens  relationships.  It's  also                                                               
important for victims to have  voices in public safety and having                                                               
the Council there provides a direct link.                                                                                       
She works with program grants on  a daily basis and has been well                                                               
pleased with the Council's grant  writing and administration. The                                                               
Council  is an  excellent resource  and  it is  excellent in  the                                                               
public safety infrastructure.                                                                                                   
ELENA ALUSKAK,  a children's advocate  from Bethel,  testified in                                                               
opposition to  SB 158.  She is pleased  with the  current funding                                                               
arrangements.  Keeping  the  Council  in DPS  helps  support  the                                                               
knowledge that  domestic violence  and sexual assault  are crimes                                                               
and need to be treated as crimes.                                                                                               
BRENDA  STANFILL,  Executive  Director for  the  Interior  Alaska                                                               
Center  for Nonviolent  Living in  Fairbanks echoed  the previous                                                               
testimony. Sexual  assault is  a felony  crime and  those victims                                                               
need  support  from  advocates  and  law  enforcement  that  work                                                               
together  while  they go  through  the  difficult forensic  exam.                                                               
There  was a  time  when law  enforcement  and domestic  violence                                                               
advocates didn't  work well together,  but having the  Council in                                                               
DPS  has helped  built  a positive  relationship. It's  important                                                               
that the  Council is seen  as part of the  "safe team" and  if it                                                               
were moved to  DHSS they would become separate. "This  has got to                                                               
be a team  issue. It's something as a community  we have to stand                                                               
up  and say  this is  not okay  and  as a  team we  are going  to                                                               
address this  to make this stop.  I urge you to  keep the Council                                                               
on  Domestic Violence  and Sexual  Assault in  the Department  of                                                               
Public Safety."                                                                                                                 
KIMBERLEE  VANDERHOOF  from  Fairbanks related  the  story  about                                                               
Dorothy Hobson who  was murdered by her husband  in February 2001                                                               
in  front  of  her  children.  She  told  several  more  domestic                                                               
violence  stories in  which women  were ultimately  murdered. She                                                               
reported,  "In 1991  81 percent  of women  presenting to  hostels                                                               
nationwide for  suicide attempts  were battered  women." Domestic                                                               
violence  is not  a human  services issue;  it's a  public safety                                                               
issue. As  a legal  advocate for  the Fairbanks  women's shelter,                                                               
she has  worked with  thousands of  domestic violence  and sexual                                                               
assault victims. Part  of her job was  to establish relationships                                                               
with  law enforcement  officers so  she could  refer victims  and                                                               
encourage a trust between victims  and law enforcement. While she                                                               
maintained a good relationship with  human service providers, she                                                               
relied on law enforcement to focus on victim safety.                                                                            
It's important to  keep the Council in DPS.  When law enforcement                                                               
officers are most at risk  responding to domestic violence calls;                                                               
when work place violence is a  concern of Alaskan employers as it                                                               
impacts local economies; when in  1995 80 percent of homicides in                                                               
Alaska were domestic violence related  and when 25 percent of the                                                               
1996 domestic  violence deaths were  of children  this absolutely                                                               
demonstrates that domestic  violence is a safety issue.  "It is a                                                               
well educated,  responsible government which supports  victims by                                                               
acknowledging  that  domestic  violence and  sexual  assault  are                                                               
brutal crimes.  Maintaining the Council within  the Department of                                                               
Public Safety is responsible government."                                                                                       
There was no further testimony.                                                                                                 
CHAIR GARY  STEVENS expressed appreciation  for all  the comments                                                               
and testimony. He announced SB 158 would be held in committee.                                                                  
               SCR  6-LOCATION OF NEW SEAFOOD LAB                                                                           
CHAIR GARY STEVENS asked Senator Wagoner to introduce the bill.                                                                 
SENATOR  THOMAS  WAGONER,  bill sponsor,  stated  there  are  two                                                               
current issues pertaining to the resolution.                                                                                    
   · The lease on the existing seafood lab located in an old                                                                    
     Piggly Wiggly Store in the Matanuska Valley is not                                                                         
     available for releasing.                                                                                                   
   · The Alaska Industrial Export Authority currently owns a                                                                    
     250,000 square foot underutilized,  state of the art seafood                                                               
     processing facility in Anchorage.  There is no evidence that                                                               
     indicates the processing  unit will be used  to process fish                                                               
     in the foreseeable future.                                                                                                 
He paraphrased from the sponsor statement:                                                                                      
     The funding  history for replacement  of the  lab began                                                                    
     in  FY  1999  with   a  $145,700  appropriation  for  a                                                                    
     feasibility study. In  FY 2001, at a  cost of $240,000,                                                                    
     the    Department    of   Environmental    Conservation                                                                    
     contracted  for  a  conceptual  design.  A  state-owned                                                                    
     parcel adjacent  to the Anchorage Department  of Health                                                                    
     and Social  Services public  health lab  was determined                                                                    
     as the  most accessible and  economical site for  a new                                                                    
     lab. In FY  2002, an appropriation of  $1.3 million was                                                                    
     allocated for a complete design.                                                                                           
     This year, the legislature is  being asked to approve a                                                                    
     bond  bill  for  construction  costs  of  some  $14.285                                                                    
     This  resolution suggests  that a  better use  of state                                                                    
     funds  would be  to incorporate  the proposed  lab into                                                                    
     the  existing  AIDEA   owned  building  that  currently                                                                    
     houses Alaska Seafood International (ASI).                                                                                 
     AIDEA  has provided  $50 million  for construction  and                                                                    
     long-term  financing for  the  processing building  and                                                                    
     retains  a  29  percent  equity  position  in  ASI  and                                                                    
     ownership of the plant and land underlying the plant.                                                                      
     The  state could  realize substantial  cost savings  by                                                                    
     construction  of the  lab  within  this existing  state                                                                    
     owned facility.                                                                                                            
SENATOR JOHN COWDERY understood Alaska Seafood International                                                                    
does some lab work in the facility and wondered whether this                                                                    
would become an extension of that lab or remain separate.                                                                       
SENATOR WAGONER advised the proposal was exploratory in nature                                                                  
but the design called for the two to remain separate. He                                                                        
remarked $15 million is a lot of  money for the state to spend on                                                               
a lab particularly when much of  the lab, as designed, is devoted                                                               
to office space.                                                                                                                
SENATOR COWDERY  asked how many  square feet were needed  for the                                                               
lab and  whether it was  available in the AIDEA  building without                                                               
jeopardizing ASI needs.                                                                                                         
SENATOR  WAGONER replied  they  need a  little  more than  20,000                                                               
square  feet  and  it  wouldn't   jeopardize  ASI  needs  in  the                                                               
foreseeable future.                                                                                                             
CHAIR GARY STEVENS asked Doug Bell to speak to the ASI position.                                                                
SIDE B                                                                                                                          
4:25 pm                                                                                                                         
DOUG BELL,  Alaska Seafood International  representative, advised                                                               
they are neutral with regard to  the resolution. They do have the                                                               
room and would be willing to share the space.                                                                                   
CHAIR  GARY  STEVENS  asked  for  confirmation  that  this  would                                                               
present no  conflict and  ASI would  be comfortable  working with                                                               
the seafood lab.                                                                                                                
MR. BELL assured him there were no space issues.                                                                                
SENATOR  FRED DYSON  asked for  the square  footage of  the AIDEA                                                               
MR. BELL  replied the building  has 202,000 square feet  and they                                                               
occupy about 25 percent.                                                                                                        
SENATOR COWDERY asked  whom the seafood lab would pay  for use of                                                               
the facility.                                                                                                                   
MR. BELL  wasn't sure those  arrangements had been made  but they                                                               
were open to the discussion.                                                                                                    
SENATOR COWDERY  asked what  the state  was currently  getting in                                                               
return for its  $50 million investment in the  AIDEA building. He                                                               
said, "I know you had about 80 something in it."                                                                                
MR. BELL  replied he  was correct.  Currently AIDEA  is deferring                                                               
ASI rent and that will continue until October 2003.                                                                             
SENATOR  COWDERY asked  whether  the seafood  lab  rent would  be                                                               
similarly deferred.                                                                                                             
MR. BELL advised AIDEA would have to speak to that question.                                                                    
SENATOR COWDERY asked whether ASI  would have any problems paying                                                               
rent beginning in October.                                                                                                      
MR. BELL  was unable  to give  a definitive  answer but,  at this                                                               
point, is would be difficult.                                                                                                   
SENATOR COWDERY  stated for  the record  he hosted  a legislative                                                               
lunch using ASI donated product.                                                                                                
CHAIR GARY STEVENS  asked if an AIDEA  representative was present                                                               
and was advised they were on line.                                                                                              
SENATOR GRETCHEN  GUESS asked whether  the operating  costs would                                                               
remain the same regardless of where the lab was located.                                                                        
SENATOR WAGONER  said personnel costs  would probably  remain the                                                               
same and lab costs are basic. He  advised it would be a three way                                                               
process between ASI,  AIDEA and DEC and AIDEA could  speak to the                                                               
costs better than anyone else.                                                                                                  
SENATOR COWDERY  asked him to  state for the record  exactly what                                                               
the lab would do.                                                                                                               
SENATOR  WAGONER explained  the lab  runs a  variety of  tests on                                                               
dairy products, on animal meats  and meat products, and shellfish                                                               
products.  Any  food tests  the  state  is  required to  run  are                                                               
handled in the lab.                                                                                                             
SENATOR GUESS  advised one  of the arguments  for moving  the lab                                                               
into Anchorage was to provide better access to the airport.                                                                     
SENATOR  WAGONER agreed  time is  of the  essence when  testing a                                                               
food product. This is a more  complex issue than he was initially                                                               
CHAIR  GARY STEVENS  added  this is  extremely  important to  the                                                               
seafood   industry  particularly   when  testing   for  paralytic                                                               
shellfish poisoning.                                                                                                            
He  announced   Matt  Tanaka  from   DOT,  Tom   Livingston  from                                                               
Livingston Sloan  Architects, Elise Hsieh from  the Department of                                                               
Law, Ron Miller and Sara  Fisher-Goad from AIDEA were all on-line                                                               
and available to answer questions.                                                                                              
He  asked  an AIDEA  representative  to  speak to  the  questions                                                               
regarding payments.                                                                                                             
RON  MILLER, AIDEA  representative in  Anchorage, testified  they                                                               
have  discussed  the  DEC  and  DOTPF  proposed  plans  and  have                                                               
proposed  rental rates  for  that portion  of  the building.  The                                                               
arrangement would be a lease between  AIDEA and DEC for the space                                                               
in the facility.                                                                                                                
CHAIR GARY STEVENS asked how ASI fit into the picture.                                                                          
MR.  MILLER explained  AIDEA owns  the building,  ASI leases  the                                                               
building and the lease payments  are deferred until October 2003.                                                               
Should DEC move into the building  and ASI continue to occupy the                                                               
building after  October, AIDEA would  make some  lease adjustment                                                               
to ASI since they would be  occupying less space. They would make                                                               
a separate lease agreement with DEC.                                                                                            
There were no further questions for Mr. Miller.                                                                                 
KRISTIN  RYAN,  Director  for   the  Division  for  Environmental                                                               
Health,  explained  DEC  started  a process  with  DOTPF  to  see                                                               
whether SJR  6 was feasible.  DOTPF manages state leases  and DEC                                                               
does not.  A significant portion  of the funds have  already been                                                               
allocated to  design the lab  that would be built  on state-owned                                                               
land next  to the public  health facility  so they wanted  to act                                                               
quickly  to  determine  the feasibility  of  this  proposal.  The                                                               
current lease expires  in December 2006 and a new  lab must be in                                                               
place on or before that time.                                                                                                   
With regard  to Senator Cowdery's  questions about  lab functions                                                               
she explained  it tests raw  dairy product  to make sure  the fat                                                               
content is  correct and to  ensure the pasteurization  process is                                                               
working. Every  portion of  dairy products that  are sold  to the                                                               
military and  to schools  must be state  certified. The  lab also                                                               
tests shellfish  for paralytic shellfish poisoning,  and reindeer                                                               
and other large  animals shipped out of state  for brucelosis. It                                                               
also performs  the Fish Monitoring  Project analysis to  test for                                                               
persistent organic pollutants such as heavy metals.                                                                             
DOT  director Matt  Tanaka contracted  with  Livingston Slone  to                                                               
analyze the AIDEA building as an  option to relocate the lab. She                                                               
noted  preliminary information  was  in the  packets  and page  2                                                               
provides a comparative analysis.                                                                                                
CHAIR GARY STEVENS asked if she  was referring to the Seafood and                                                               
Food Safety Laboratory Replacement spreadsheet dated 4/3/03.                                                                    
MS. RYAN said  that was correct. It compares building  the lab as                                                               
planned to  building it in a  portion of the AIDEA  building that                                                               
is leased by ASI.                                                                                                               
Putting the lab in that building  would save the state a bit more                                                               
than $700,000. The reason the savings  is not greater is that the                                                               
state has already  spent $1 million in design work  and that is a                                                               
sunk cost.  If the  lab were  to share the  ASI space,  the state                                                               
would  have to  start over.  Only $2  million could  be saved  in                                                               
construction costs  because the requirements  for a lab  are very                                                               
specific. All  heating and ventilation  systems would have  to be                                                               
completely  separate and  the only  existing infrastructure  that                                                               
could be  used is the floor  and one wall. Contingency  costs are                                                               
about $500,000  more to put  the lab  in the building  ASI leases                                                               
because of the unexpected costs to modify an existing structure.                                                                
SENATOR COWDERY asked if she said  it would cost $500,000 more to                                                               
put the lab in the existing facility.                                                                                           
MS. RYAN responded  it would cost about $700,000 less  to use the                                                               
ASI leased building. The $500,000 covers contingencies.                                                                         
They  worked  with  the  Department of  Revenue  to  analyze  the                                                               
impacts to  the funding options.  For one thing,  certificates of                                                               
participation  couldn't  be  used  to modify  an  existing  state                                                               
facility,  which means  the construction  costs  would require  a                                                               
$13.2 million general fund appropriation.                                                                                       
SENATOR DYSON asked, "As opposed to what?"                                                                                      
MS.  RYAN explained  the lab  that is  already designed  could be                                                               
funded with certificates of participation.  They could sell bonds                                                               
and  debt service  would assume  the annual  cost of  paying back                                                               
that  bond debt.  The  Governor  is introducing  a  bond bill  to                                                               
provide  that  option if  the  Legislature  elects to  take  that                                                               
If the lab were built in  the ASI leased building, DEC would have                                                               
concerns  about vibration  to their  microscopes and  scales from                                                               
ASI or  other tenants. Fulcrum  scales that measure one  part per                                                               
billion are so sensitive that a  person walking into the room can                                                               
impact the reading.  DEC has discussed these  concerns with AIDEA                                                               
with regard to  ASI and other tenants. The lab  would occupy just                                                               
ten percent of  the building and house 14 people.  Labs are built                                                               
as stations  for each  type of  analysis that  is done  with each                                                               
station representing a function.                                                                                                
SENATOR  COWDERY  asked  if  sharing  the  building  would  cause                                                               
MS. RYAN replied  it might because lab equipment  is sensitive to                                                               
vibration and fumes.                                                                                                            
CHAIR GARY  STEVENS asked about  the seafood  processing business                                                               
already on the premises.                                                                                                        
MS.  RYAN replied  ASI business  is compatible  with the  lab but                                                               
there could be  ethical issues because the lab  would oversee and                                                               
regulate ASI.                                                                                                                   
SENATOR COWDERY  asked whether another food  vending entity would                                                               
have an impact on the lab.                                                                                                      
MS. RYAN  said they regulate  any food processing and  might test                                                               
their  products.  AIDEA  would  have to  determine  the  possible                                                               
conflicts with every potential tenant.                                                                                          
SENATOR DYSON  said he was  startled by  the cost to  convert one                                                               
quarter of the building. He  asked whether the heating system was                                                               
hot air.                                                                                                                        
TOM  LIVINGSTON  with  Livingston Slone  Architects  replied  the                                                               
existing system  was built for manufacturing  and food processing                                                               
occupancy. The  lab would need  a separate ventilation  system to                                                               
prevent  mixing   and  contamination.   More  control   over  the                                                               
ventilation systems is also required.                                                                                           
SENATOR  DYSON  restated  his   question  regarding  the  heating                                                               
MR.  LIVINGSTON replied  they  propose to  put  in a  stand-alone                                                               
heating  and ventilation  system  specifically for  the lab.  The                                                               
projected  cost per  square foot  is $85,  which is  commensurate                                                               
with Anchorage building costs.                                                                                                  
SENATOR DYSON  asked if it  was correct that the  temperature and                                                               
environment in the lab had to be carefully controlled.                                                                          
MR.  LIVINGSTON said  that was  true.  They designed  the lab  to                                                               
occupy a  corner of  the two-story building.  For economy  and to                                                               
utilize the  volume effectively they  propose a  two-story build-                                                               
out within that space. Two  insulated exterior walls and the roof                                                               
and floor  slab could be  used, but all interior  utility systems                                                               
would be independently provided. The  lab would be an independent                                                               
building with the opportunity to  expand the building outside the                                                               
current footprint at some point.                                                                                                
SENATOR DYSON asked if the existing heating system was hot air.                                                                 
MR. LIVINGSTON replied  it was hot air with an  air exchange rate                                                               
that is lower than required by the seafood lab.                                                                                 
SENATOR DYSON  asked why they  couldn't use a heat  exchanger off                                                               
the  existing hot  air system  to  provide a  hydronic system  or                                                               
whatever was needed for the  proper environmental control in that                                                               
quarter of the building.                                                                                                        
MR.  LIVINGSTON  advised  they are  trying  to  utilize  existing                                                               
systems wherever possible and would  tap into the emergency power                                                               
SENATOR   COWDERY  asked   whether  placing   an  environmentally                                                               
sensitive lab in the building  would jeopardize any other options                                                               
for usage.                                                                                                                      
MR.  MILLER  responded it  is  a  concern  that  DEC would  be  a                                                               
preemptive tenant.  They also noted the  proposed footprint would                                                               
take up  two or three of  the current loading docks,  which might                                                               
serve as a disincentive for a future tenant.                                                                                    
CHAIR GARY STEVENS asked him to  comment on what has already been                                                               
spent in  the design  phase of  a new  lab because  he understood                                                               
$145,000 was spent on a feasibility study.                                                                                      
MR. MILLER explained that money was spent by DEC and DOTPF.                                                                     
CHAIR  GARY  STEVENS  noted  $240,000  was  spent  on  conceptual                                                               
design. He asked  whether the $1.3 million appropriated  in FY 02                                                               
had been expended.                                                                                                              
MR. MILLER  advised they were  not involved; DEC and  DOTPF might                                                               
be able to answer the question.                                                                                                 
CHAIR GARY STEVENS  asked Mr. Tanaka whether the  $1.3 million FY                                                               
02 design appropriation had been expended.                                                                                      
MR. TANAKA  replied part had  been expended. Footnote (1)  on the                                                               
spreadsheet states that if the  decision is made by 4/15/03 about                                                               
$650,000 would be available to carry  forward for the design of a                                                               
lab  in  the  building  ASI  leases.  To  date  they  have  spent                                                               
somewhere in  excess of  $700,000 on  the design of  a lab  to go                                                               
next  to the  existing  public  health lab  on  Tudor Road.  That                                                               
design effort would  be shelved if the direction  were changed to                                                               
pursue building  a lab  in the ASI  building. When  comparing the                                                               
two proposals  and including sunk  costs for the Tudor  Road lab,                                                               
the projects are a wash. Both would be $14 million projects.                                                                    
SENATOR COWDERY noted  he wanted to move the bill  on to Finance,                                                               
but he  questioned whether  the change  of direction  proposed by                                                               
SCR 6 would actually save the state money.                                                                                      
He made  a motion to  move SCR 6  from committee. There  being no                                                               
objection, it was so ordered.                                                                                                   
         SB 148-PFD: ALLOWABLE ABSENCE FOR MILITARY SVC                                                                     
ANNETTE SKIBINSKI,  staff to Senator  Cowdery, introduced  SB 148                                                               
by relating  a story  about a constituent  who was  activated and                                                               
sent  overseas  for  ten  months then  left  Alaska  on  personal                                                               
business  upon his  return. He  was gone  more than  the 45  days                                                               
allowed and was subsequently denied a dividend.                                                                                 
The existing  statute allows a  member of the military  to remain                                                               
outside Alaska for up  to 45 days a year in  addition to the time                                                               
served on active duty. SB 148  would amend the statute to allow a                                                               
180 day absence  from Alaska per year in addition  to active duty                                                               
time.  Spouses   and  dependent   children  would   be  similarly                                                               
She  noted  the  $30,000  fiscal note  reflects  the  retroactive                                                               
clause. The  Department of  Revenue would  use dividend  funds to                                                               
notify  military personnel  of  the new  statutory provision  and                                                               
extended deadline.                                                                                                              
SENATOR  COWDERY  commented  the   existing  statute  appears  to                                                               
penalize those  called to active  duty and  he was sure  that was                                                               
SENATOR FRED DYSON remarked the bill makes sense.                                                                               
SENATOR GRETCHEN  GUESS agreed  and said she  would like  to move                                                               
the bill.                                                                                                                       
CHAIR  GARY STEVENS  advised  there were  others  that wanted  to                                                               
MS.  SKIBINSKI noted  the individual  that precipitated  the bill                                                               
was recalled to active duty and unavailable to testify.                                                                         
CHAIR GARY  STEVENS asked Mr.  Persily to give an  explanation of                                                               
the costs associated with the retroactive clause.                                                                               
LARRY PERSILY, Deputy Commissioner  to the Department of Revenue,                                                               
explained  extending  the   application  deadline  would  require                                                               
extensive notification. The department  would search the database                                                               
and  identify everyone  who claimed  military  absence in  recent                                                               
years and notify them  of the changes. It would be  a wise use of                                                               
a  small  amount   of  dividend  funds  to  send   a  letter  and                                                               
application to everyone who may  be qualified due to the extended                                                               
CHAIR GARY STEVENS  asked what the impact would be  to extend the                                                               
deadline  to September  15,  2003. He  asked  how the  department                                                               
would  estimate  how   much  money  to  hold  to   pay  the  late                                                               
MR. PERSILY replied they would  have to make the determination on                                                               
the  dividend  before any  late  applications  came in  and  were                                                               
reviewed. They would examine the  number of applications in June,                                                               
July, August and  September plus those under review  and make the                                                               
estimate.  The dividend  fund has  a few  million dollar  balance                                                               
that rolls over every year  because it's not possible to estimate                                                               
exactly  how many  checks would  be  paid. They  would make  sure                                                               
sufficient  funds   were  held   out  to  cover   any  successful                                                               
applications submitted under the extended deadline.                                                                             
He  further  explained  this  would also  cover  people  who  are                                                               
discharged from the  military and have just 45 days  to return to                                                               
Alaska.  It's the  intent  of  the statute  to  have them  return                                                               
because  they  have  been  claiming  Alaska  as  their  home  and                                                               
collecting  the dividend  while  they  were stationed  elsewhere.                                                               
With this  change they would  have 180  days to return  to Alaska                                                               
after their  discharge. As  noted by the  sponsor, it  would also                                                               
cover   people  called   to   active   duty  unexpectedly.   Both                                                               
populations would be covered.                                                                                                   
SENATOR COWDERY asked whether he supported the bill.                                                                            
MR. PERSILY replied  he has no problem with  the legislation. The                                                               
department just asks that the intention is clear.                                                                               
GALE HALLER  from Dillingham  asked that the  bill be  amended to                                                               
include  cases  such as  hers.  She  is  an Alaska  resident  and                                                               
married  someone  in the  military  who  did not  meet  residency                                                               
requirements  to  receive  a  dividend.   When  her  husband  was                                                               
transferred out  of state she  moved with  him. As a  result, she                                                               
became  ineligible  to receive  a  dividend  herself because  her                                                               
absence was not  exempted. She argued her  eligibility should not                                                               
be based on the eligibility of her spouse.                                                                                      
SENATOR GUESS  asked that Ms.  Skibinski clarify the  problem Ms.                                                               
Haller spoke to.                                                                                                                
MS. SKIBINSKI  remarked Mr. Persily  might have  more information                                                               
than she,  but at  one time military  personnel were  covered and                                                               
spouses  and children  were  not.  She agreed  to  look into  the                                                               
matter further if the Chair so desired.                                                                                         
CHAIR GARY STEVENS  said they would stick to the  bill before the                                                               
committee,  but  asked Mr.  Persily  to  clarify that  particular                                                               
MR. PERSILY  said, "If  I understand correctly,  the law  says if                                                               
you  leave the  state on  an  allowable absence,  you can  remain                                                               
eligible for  the dividend. If  you are accompanying  your spouse                                                               
who's on an  allowable absence, you and your  children can remain                                                               
eligible. In  this case,  because the  husband was  not eligible,                                                               
her  departure  was  not  an   allowable  absence.  She  was  not                                                               
accompanying an  eligible Alaskan on an  allowable absence." This                                                               
would apply  to military,  to students, or  to someone  going out                                                               
for medical  care. If  a person  leaves the state  to care  for a                                                               
terminally  ill  parent  and  the spouse  goes  too  both  remain                                                               
eligible, but the spouse has  no rights if the individual tending                                                               
to their parent isn't eligible.                                                                                                 
SENATOR  COWDERY asked  if it  was correct  that this  bill would                                                               
make it  possible for military  personnel to remain out  of state                                                               
for up to 180 days, but at 181 days they would be ineligible.                                                                   
MR. PERSILY  said if,  in addition  to military  service, someone                                                               
stayed away for  181 days before they came back  to Alaska, they,                                                               
their spouse, and their children would all be denied.                                                                           
SENATOR COWDERY recapped the story that precipitated the bill.                                                                  
SENATOR DYSON said, "Let's move it."                                                                                            
CHAIR GARY  STEVENS responded  we have  a motion  to move  SB 148                                                               
with  the attached  fiscal note  and individual  recommendations.                                                               
There being no objection it was so ordered.                                                                                     
TAPE 2                                                                                                                          
5:25 pm                                                                                                                         
          SB 146-COMMEMORATIVE VETERANS LICENSE PLATE                                                                       
SENATOR  GRETCHEN GUESS  explained SB  146 establishes  a license                                                               
plate that any Alaskan could  purchase to support veterans. It is                                                               
modeled after  the current Children's Trust  license plate. There                                                               
would be a $100 one-time fee in addition to the $35 renewal fee.                                                                
It's a  simple bill to  help Alaskans show support  for veterans.                                                               
The goal  is for the  money raised from  the sale of  the license                                                               
plates to  go to veteran services.  The fiscal note is  small and                                                               
would be covered by the revenues generated.                                                                                     
SENATOR JOHN COWDERY asked if this was a tax bill.                                                                              
SENATOR GUESS  responded a tax  bill is one where  the government                                                               
requires payment; this is optional.                                                                                             
SENATOR COWDERY  asked how many  other states offer  this license                                                               
plate and are the proposed charges comparable.                                                                                  
SENATOR  GUESS replied  the Department  of  Motor Vehicles  (DMV)                                                               
could answer specifically, but many  states have multiple license                                                               
plate options.  She was  unaware of any  states that  offered the                                                               
plate in  support of veterans.  She didn't know  about comparable                                                               
costs. The  charge for  the proposed plate  is modeled  after the                                                               
Children's Trust plate.                                                                                                         
SENATOR  COWDERY  asked if  the  fees  would  be in  addition  to                                                               
standard fee or in place of the standard fee.                                                                                   
SENATOR  GUESS replied  the fee  is  the same  as the  Children's                                                               
Trust plate, which is in addition to the standard fee.                                                                          
SENATOR COWDERY mused it is a tax.                                                                                              
CHAIR GARY STEVENS  asked Charles Hosack whether  he had anything                                                               
to contribute.                                                                                                                  
CHARLES HOSACK,  Deputy Director with DMV,  stated the department                                                               
supports the bill  as a way of supporting  veterans. He confirmed                                                               
the fees are  in addition to the regular  registration fees. Each                                                               
year a  $35 fee would  be paid in addition  to the one  time $100                                                               
Other  states  have  a  number  of  specialty  plates  and  since                                                               
September 11  some states are  proposing laws similar to  this to                                                               
commemorate  or support  veterans. He  didn't know  how many  had                                                               
passed or  the fee structure. The  $100 one-time fee is  the same                                                               
as the $100 one-time fee for the Children's Trust plate.                                                                        
There were no further questions.                                                                                                
SENATOR  COWDERY made  a motion  to move  SB 146  with individual                                                               
recommendations  and   attached  fiscal  note.  There   being  no                                                               
objection, it was so ordered.                                                                                                   
           HB  52-SEX CRIME AND PORNOGRAPHY OFFENSES                                                                        
CHAIR GARY  STEVENS announced  HB 52  is a  bill relating  to the                                                               
forfiture  of  property  used  to  possess  or  distribute  child                                                               
REPRESENTATIVE LESIL  McGUIRE, bill  sponsor, explained  the bill                                                               
passed the  House in this form  both last year and  this year and                                                               
they would appreciate support from the Senate.                                                                                  
This  would allow  the sentencing  judge the  additional punitive                                                               
option of  seizing the  equipment used in  the commission  of the                                                               
sex  or   pornography  crime.  Of   course  the   offender  could                                                               
repurchase  the same  type  of  equipment at  some  point in  the                                                               
future, but the point is to  be punitive and not return equipment                                                               
that  used to  commit  the  crime. An  ancillary  benefit to  law                                                               
enforcement agencies is they may  use the offender's equipment to                                                               
learn more about predatory techniques.                                                                                          
She  was aware  Senator Dyson  had  an amendment  to include  the                                                               
corpus of SB 96 and she supported the inclusion.                                                                                
CHAIR  GARY   STEVENS  asked  if   the  bill  passed   the  House                                                               
unanimously  during the  previous session,  which would  mean the                                                               
three former  House members  on the committee  voted in  favor of                                                               
the legislation.                                                                                                                
REPRESENTATIVE McGUIRE agreed that was the case.                                                                                
SENATOR JOHN  COWDERY commented he receives  numerous unsolicited                                                               
and unsavory  emails on  his home computer  and he  finds filters                                                               
not  altogether satisfactory.  He wondered  if she  might address                                                               
that problem in future legislation.                                                                                             
REPRESENTATIVE McGUIRE said she is  committed to continue to work                                                               
on the problem.  There are some first  amendment concerns related                                                               
to eliminating SPAM. She believes  legislation is appropriate but                                                               
not entirely effective.                                                                                                         
SENATOR  COWDERY   suggested  requesting   help  from   the  U.S.                                                               
SENATOR  FRED  DYSON said  he  appreciates  the concern  and  has                                                               
become increasingly  cynical. The  amendment he  proposes targets                                                               
the money connection. Six states have  passed laws that make it a                                                               
crime to service  the billing function of  pornographic sites. To                                                               
his  knowledge,  none of  those  billing  services are  currently                                                               
operating in Alaska, but there may  well be in the future. Server                                                               
farms  where all  the electronic  data resides  don't have  to be                                                               
where  the  originator, the  consumer,  or  the billing  function                                                               
occurs. His  amendment [SB  96] allows  the law  to go  after the                                                               
billing firms that provide the connections.                                                                                     
SENATOR DYSON  made a motion  to adopt a conceptual  amendment to                                                               
include  the  contents  of  SB  96   with  CSHB  52.  It  is  his                                                               
understanding that  if both pass,  legislative legal  would merge                                                               
the two bills and possibly  change the title, which would require                                                               
a  concurrent  resolution.  Amendment   #1  was  adopted  without                                                               
SENATOR   GRETCHEN  GUESS   asked  if   "providing  the   billing                                                               
collection" applied  only to billing companies  in Alaska because                                                               
if every  state passed  this type of  legislation it  would force                                                               
these billing companies to go overseas to conduct business.                                                                     
SENATOR DYSON said  this posts a "no trespassing"  sign at Alaska                                                               
boundaries  and  those companies  would  stay  away. States  that                                                               
don't pass  this type  of legislation would  become a  refuge and                                                               
they would have a growth industry.                                                                                              
SENATOR COWDERY  suggested contacting  the U.S. Senators  to make                                                               
the law as tough as possible.                                                                                                   
SENATOR  GUESS agreed  with Senator  Cowdery and  noted the  next                                                               
difficulty is overseas.                                                                                                         
CHAIR GARY STEVENS  asked the record to reflect  Lt. Matt Leveque                                                               
from Anchorage was on line to answer questions.                                                                                 
There were no further questions or comments.                                                                                    
SENATOR  GUESS made  a  motion to  move SCS  CSHB  52 (STA)  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note.  Included was  a  motion for  a  concurrent resolution  for                                                               
change of title. There being no objection, it was so ordered.                                                                   
There being  no further  business to  come before  the committee,                                                               
Chair Gary Stevens adjourned the meeting at 5:45 pm.                                                                            

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