ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
May 11, 2024
3:32 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Matt Claman, Vice Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 18(STA)
Urging the United States Congress to repeal the Windfall
Elimination Provision and Government Pension Offset of the
Social Security Act.
- MOVED CS HJR 18 OUT OF COMMITTEE -
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 116(STA)
"An Act relating to grants and costs funded by the restorative
justice account; relating to the Council on Domestic Violence
and Sexual Assault; and providing for an effective date."
- MOVED CSHB 18 OUT OF COMMITTEE -
HOUSE BILL NO. 362
"An Act relating to the reimbursement rate for prisoner medical
care."
- SCHEDULED BUT NOT HEARD -
HOUSE BILL NO. 330 am
"An Act relating to the use and possession of electronic devices
by prisoners; and 2 relating to prisoner communication
reimbursement rates."
- SCHEDULED BUT NOT HEARD -
PREVIOUS COMMITTEE ACTION
BILL: HJR 18
SHORT TITLE: SOCIAL SECURITY BENEFIT REDUCTION REPEAL
SPONSOR(s): REPRESENTATIVE(s) GALVIN
01/22/24 (H) READ THE FIRST TIME - REFERRALS
01/22/24 (H) STA
02/22/24 (H) STA AT 3:00 PM GRUENBERG 120
02/22/24 (H) -- MEETING CANCELED --
03/05/24 (H) STA AT 3:00 PM GRUENBERG 120
03/05/24 (H) Heard & Held
03/05/24 (H) MINUTE(STA)
03/12/24 (H) STA AT 3:00 PM GRUENBERG 120
03/12/24 (H) Moved CSHJR 18(STA) Out of Committee
03/12/24 (H) MINUTE(STA)
03/13/24 (H) STA RPT CS(STA) 7DP
03/13/24 (H) DP: WRIGHT, CARPENTER, C.JOHNSON,
ALLARD, CARRICK, STORY, SHAW
05/01/24 (H) TRANSMITTED TO (S)
05/01/24 (H) VERSION: CSHJR 18(STA)
05/03/24 (S) READ THE FIRST TIME - REFERRALS
05/03/24 (S) STA
05/07/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
05/07/24 (S) Heard & Held
05/07/24 (S) MINUTE(STA)
05/11/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: HB 116
SHORT TITLE: RESTORATIVE JUSTICE ACCT APPROPRIATIONS
SPONSOR(s): REPRESENTATIVE(s) COULOMBE
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) STA, FIN
04/18/23 (H) STA AT 3:00 PM GRUENBERG 120
04/18/23 (H) Heard & Held
04/18/23 (H) MINUTE(STA)
05/04/23 (H) STA AT 3:00 PM GRUENBERG 120
05/04/23 (H) Moved CSHB 116(STA) Out of Committee
05/04/23 (H) MINUTE(STA)
05/08/23 (H) STA RPT CS(STA) NEW TITLE 7DP
05/08/23 (H) DP: C.JOHNSON, ARMSTRONG, CARPENTER,
STORY, ALLARD, WRIGHT, SHAW
03/11/24 (H) FIN AT 1:30 PM ADAMS 519
03/11/24 (H) Heard & Held
03/11/24 (H) MINUTE(FIN)
03/18/24 (H) FIN AT 1:30 PM ADAMS 519
03/18/24 (H) -- MEETING CANCELED --
03/25/24 (H) FIN AT 1:30 PM ADAMS 519
03/25/24 (H) Heard & Held
03/25/24 (H) MINUTE(FIN)
04/22/24 (H) FIN AT 9:00 AM ADAMS 519
04/22/24 (H) Moved CSHB 116(STA) Out of Committee
04/22/24 (H) MINUTE(FIN)
04/24/24 (H) FIN RPT CS(STA) NEW TITLE 8DP 1NR
04/24/24 (H) DP: CRONK, ORTIZ, COULOMBE, JOSEPHSON,
HANNAN, GALVIN, EDGMON, D.JOHNSON
04/24/24 (H) NR: STAPP
05/06/24 (H) STA CS ADOPTED Y39 N1
05/06/24 (H) TRANSMITTED TO (S)
05/06/24 (H) VERSION: CSHB 116(STA)
05/07/24 (S) READ THE FIRST TIME - REFERRALS
05/07/24 (S) STA, FIN
05/11/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
EDRA MORLEDGE, Staff
Representative Coulombe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 116 on behalf of the sponsor.
BRENDA STANFILL, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation on HB 116.
APRIL WILKERSON, Deputy Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Answered questions on HB 116
ACTION NARRATIVE
3:32:08 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Bjorkman, Merrick, and Chair Kawasaki.
Senator Wielechowski arrived thereafter.
HJR 18-SOCIAL SECURITY BENEFIT REDUCTION REPEAL
3:33:24 PM
CHAIR KAWASAKI announced the consideration of CS FOR HOUSE JOINT
RESOLUTION NO. 18(STA) Urging the United States Congress to
repeal the Windfall Elimination Provision and Government Pension
Offset of the Social Security Act.
3:33:43 PM
CHAIR KAWASAKI solicited a motion.
3:33:44 PM
SENATOR MERRICK moved to report CSHJR 18(STA), work order 33-
LS1003\S, from committee with individual recommendations and
attached fiscal note(s).
3:33:57 PM
CHAIR KAWASAKI found no objection and CSHJR 18(STA) was reported
from the Senate State Affairs Standing Committee.
HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS
3:34:17 PM
CHAIR KAWASAKI announced the consideration of CS FOR HOUSE BILL
NO. 116(STA) "An Act relating to grants and costs funded by the
restorative justice account; relating to the Council on Domestic
Violence and Sexual Assault; and providing for an effective
date."
3:34:40 PM
EDRA MORLEDGE, Staff, Representative Coulombe, Alaska State
Legislature, Juneau, Alaska, explained that Representative
Coulombe introduced HB 116 in response to her work as the Chair
of the House Public Safety Finance Subcommittee. She said that,
for the past several years, the Council on Domestic Violence and
Sexual Assault (CDVSA) has been experiencing a budget shortfall
that is expected to continue. She stated that this shortfall is
largely due to a loss of Federal Victims of Crimes Act (VOCA)
grant funds (these grant monies ranged from $3 million to $5
million annually). Recently, CDVSA has experienced additional
budget shortfall due to inflation and increased operating
expenses.
MS. MORLEDGE said that domestic violence shelters and child
advocacy centers across the state have had to lobby the
legislature for the funds needed to fill the gap each year. She
noted that the necessary funding was included in the FY2025
budget. However, this was not enough to completely cover the
shortfall. She stated that HB 116 would provide a permanent fix.
3:36:15 PM
MS MORLEDGE gave a brief history of the Restorative Justice
Account, which was established in 1988 (and was known at that
time as the Criminal Fund or the Permanent Dividend Fund). She
explained that the intention of the fund was to help restore
victims to a pre-offense condition. Prior to the creation of
this fund, victims could file to garnish a convicted offender's
Permanent Fund Dividend (PFD) as a way of receiving restitution.
Once the fund was established, victims of violent crimes could
apply and receive compensation through the Violent Crimes
Compensation Fund. She stated that a portion of the PFDs
garnished from ineligible offenders is also distributed to
CDVSA, and passed along to shelters and child advocacy centers.
MS. MORLEDGE stated that, in 2018, legislation was passed to
reign in appropriations from the fund - which had been taken
over by the Department of Corrections (DOC) budget and used to
fund inmate healthcare and population management. Currently, the
fund is allocated as follows:
Crime Victims Compensation Fund
• 10-13 percent
Office of Victim's Rights
• 2-6 percent
Department of Health
(mental health support for offenders)
• 1-3 percent
CDVSA
• 1-3 percent
Department of Corrections
• 79-88 percent
MS. MORLEDGE said that HB 116 serves as a policy statement and a
course correction that would swap the funds allocated to the
Department of Corrections with those allocated to CDVSA. This
would provide stability and ample funding for the victims of
domestic violence and sexual assault. This change would also
provide the necessary funding to child advocacy centers. She
noted that HB 116 includes a statement of legislative intent
that DPS would prioritize prevention efforts - which have fallen
by the wayside. She acknowledged that DPS does have some
prevention programming. She expressed the hope that HB 116 would
bolster prevention efforts in response to Alaska's high rate of
domestic violence and sexual assault crimes.
3:39:42 PM
CHAIR KAWASAKI announced invited testimony on HB 116.
3:40:02 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, Anchorage, Alaska, said that HB 116
increases the amount of funds available to organizations serving
victims of crime throughout Alaska. She described the network of
victims' support services receiving a portion of their funding
from the state of Alaska, including 24 providers serving
domestic violence and sexual assault victims - each serving the
region surrounding their safe house location. It also includes
Victims for Justice (a statewide program); 19 child advocacy
centers across the state; four statewide - and two regional -
programs providing legal services for victims; and three
organizations serving sex and labor trafficking victims.
MS. STANFILL stated that, in 2018 the state of Alaska received
$10 million in VOCA funding - an all-time high. The VOCA office
instructed CDVSA to disperse the funds throughout the
communities to increase access to services for victims
statewide. She detailed the various programs CDVSA funded with
the grant monies, including 6 legal programs and 9 child
advocacy centers, along with children's mental health services.
She explained how a change in the federal government's
prosecution of corporate crimes and fee collection processes
resulted in a decline in VOCA funds. She stated that the State
of Alaska's VOCA funds have declined each year since 2018. The
state will receive an estimated $1.25 million in 2025 - a
decrease of over $8 million in the last six years. She noted
that the "VOCA fix" has passed; however, it has not refilled the
fund as anticipated. She added that, while the federal
government is seeking ways to fix this, there is no solution
currently in place. She said that all programs have been "flat
funded" - which was made possible due to Covid-19 funding - one-
time general fund increments that were designated for Alaska,
specifically for use in victim's services.
MS. STANFILL stated that programs have had to absorb increased
costs due to inflation by reducing staff and fundraising. At the
same time, these programs have attempted to maintain their
current programming, as cutting these programs would mean fewer
services for victims. She noted that some programs serve adults,
others serve children, and some serve both.
3:42:58 PM
MS. STANFILL stated that these programs respond to victims
whether or not the crime is reported to law enforcement - and
continue to support victims throughout the legal process when
crimes are reported. The advocate supports the victim regardless
of whether the case moves forward; advocates are present at
court hearings, trial days, trial delays, and when the victim
gives their impact statement. Advocates continue to support
victims after legal proceedings are complete, helping as they
navigate the various services for children, divorce and custody
hearings, etc. She stated that advocates help victims find
healing and hope. Referring to a national count of domestic
violence shelters in the nation, she pointed out that Alaska is
one of the few states in which every program in the participates
- ensuring that the count has good data. She offered the
following data points:
On May 11, 2023:
• 395 adults and children entered a safe shelter to
access protection from a person doing them harm.
• 87 more came to a program to receive other
supports (e.g. legal advice, restraining order,
transportation, food)
• 138 Alaskans called the crisis line to access
support
• 29 people were turned away from safe shelters due
to a lack of space.
MS. STANFILL acknowledged that there is concern on how the
change made by HB 116 would impact DOC. She said that, for the
same time period discussed earlier, the DOC budget is around
$315 million. She added that the DOC budget is currently around
$450 million. She pointed out that DOC has the option of
requesting a supplemental budget while CDVSA cannot. As a
result, CDVSA must absorb any costs accrued beyond the budgeted
amount (e.g. if utility prices increase).
MS. STANFILL commented on the importance of mitigating the
consequences of these crimes while also working on prevention.
She emphasized the importance of creating communities where
children thrive and are not exposed to traumatic events that may
lead to problematic behaviors in adulthood.
3:45:48 PM
MS. STANFILL referred to the Alaska Victimization Survey and
stated that women with higher Adverse Childhood Experience (ACE)
were more likely to have experienced violence within the past 12
months than those with lower ACE scores. She shared anecdotal
evidence indicating that male abusers are often childhood trauma
survivors. She encouraged members to watch the documentary
titled "The Silence," which shows how childhood trauma manifests
in adult males.
MS. STANFILL said that there are currently 14 community
prevention teams seeking to end violence in their communities.
She briefly described these. She said that these programs serve
elementary aged students and provide educational opportunities
in schools when invited. She stated that these programs should
be expanded to all communities in Alaska. Identifying a funding
source focused on the needs of survivors will allow CDVSA to
continue serving the needs of survivors while engaging in state-
wide and community-level work that will lead to reducing the
number of crime victims of Alaska. She briefly described the
challenges CDVSA has faced due to a lack of funding, including
executive directors working overnight shifts to avoid closing
shelters and the loss of three executive directors in the past
month due to overwhelm. She emphasized the challenge that this
lack of funding creates and said that programs are not thriving.
She briefly described some of the difficulties faced by staff
and reiterated the importance of this funding increase (and
steady funding source) and the positive impact it would have on
these programs.
3:49:19 PM
CHAIR KAWASAKI said he is familiar with the funding issues faced
by shelters. He expressed uncertainty about when the current
statute was written and asked if solutions unrelated to the
general fund have been considered.
3:49:52 PM
MS. STANFILL replied that the funding conversations have
occurred over a long period of time. She said that many programs
do local fundraising. She surmised that, absent dedicated
general funds (and relying solely on federal dollars), the ebb
and flow in funding would continue. She shared her understanding
that work is being done to improve federal funding. She noted
that the Permanent Fund Dividend (PFD) calculation would also be
in flux. She stated that billing Medicaid has also been
considered; however, Medicaid is insurance and domestic violence
is not covered by insurance (though the impact of domestic
violence may be). She expressed doubt that this option would
provide adequate funding. She noted that children's therapy
services may be covered. She shared her understanding that no
other stable stream of funding has been identified.
3:51:17 PM
CHAIR KAWASAKI noted that Senator Wielechowski joined the
meeting.
3:51:33 PM
CHAIR KAWASAKI asked how the budget change would impact the
Department of Corrections.
3:52:22 PM
APRIL WILKERSON, Deputy Commissioner, Department of Corrections,
Juneau, Alaska, said that the department is neutral on HB 116.
She explained that, historically, as available funds (from PFD
criminal funds or restorative justice funds) fluctuate, the
department has adjusted funding sources. This allows DOC to have
a flat budget. She noted that this is reflected in the fiscal
note for HB 116 and clarified that the funding lost due to the
switch would be replaced by general funds.
3:53:25 PM
SENATOR MERRICK asked if 100 percent of dollars from garnished
PFDs is used for this purpose - or if some of the funds are used
to pay back child support, etc.
3:53:43 PM
MS. WILKERSON deferred the question. She said that a memorandum
is sent to Legislative Finance that identifies how the funds are
allocated. She explained that the funds received by DOC have
historically gone to physical healthcare. FY24 is an anomaly,
with over $5 million allocated that has been "backed out" as
part of the reduction for FY25. These funds remain in physical
healthcare. She said she would provide the aforementioned memo
with funding allocation details to the committee.
3:54:48 PM
CHAIR KAWASAKI noted that HB 116 will travel to the Senate
Finance Committee.
3:55:01 PM
At ease
3:56:27 PM
CHAIR KAWASAKI reconvened the meeting.
3:56:33 PM
CHAIR KAWASAKI opened public testimony on HB 116; finding none,
he closed public testimony.
3:56:54 PM
CHAIR KAWASAKI commented that HB 116 contains a significant
policy change. He stated that he generally supports this;
however, he is uncertain how the numbers would work out. He
reiterated that HB 116 would be heard by the Senate Finance
Committee, where these details would be fleshed out.
3:57:24 PM
CHAIR KAWASAKI solicited the will of the committee.
3:57:26 PM
SENATOR MERRICK moved to report CSHB 116, work order 33-
LS0602\B, from committee with individual recommendations and
attached fiscal note(s).
3:57:42 PM
CHAIR KAWASAKI found no objection and CSHB 116(STA) was reported
from the Senate State Affairs Standing Committee.
3:58:07 PM
At ease
3:59:15 PM
CHAIR KAWASAKI reconvened the meeting.
3:59:34 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 3:59 p.m.