SENATE BILL NO. 250 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and eliminating statutory references to the network on domestic violence and sexual assault." Co-Chair Meyer noted that Version G was before the committee. TOM MAHER, STAFF, SENATOR GENE THERRIAULT, explained that the bill deals with the termination date of the Council on Domestic Violence and Sexual Assault. 9:23:08 AM Mr. Maher related that in this sunset review, Legislative Audit concluded that the Council on Domestic Violence and Sexual Assault continues to serve a public need and is operating in the public interest. He referred to page 7 of the report. Accordingly, and per the auditor recommendation, SB 250 originally contained an eight-year extension for the Council from June 30, 2006 to June 30, 2014. This eight-year extension was recommended, even with the auditor noting that the Council had some outstanding audit issues concerning coordination with other agencies. In absence of any other information, the sponsor supports the auditor's recommendation of eight years. The House State Affairs version contains a two-year sunset extension. Mr. Maher related that the sponsor, Senator Therriault, would like the House Finance Committee to consider an expansion of this date to at least a four-year extension to 2010. He strongly feels that now is the time to give the Council and the relatively new Executive Director a vote of confidence from the Legislature to go out and do their job. Having a full sunset audit in just two years will serve to disrupt Council activities and also impact the current schedule of audits pending. The audit, on page 9, also addressed some on-going operational concerns that include staff turnover and the failure of the Council to address two of its statutory mandates regarding the working with Department of Education and Early Development and school districts on curricula on the cause, prevention, and treatment of domestic violence and sexual assault, and coordinating with the Department of Health and Social Services on the delivery of services to victims of domestic violence by health care facilities and other providers. The audit request, dated April 25, to the Legislative Budget and Audit Committee requires an 2008 update on these outstanding audit issues - as mentioned in the House State Affair's letter of intent - as well as an update on the Council's Strategic Plan, including Missions and Measures. Chairman Therriault agrees that this audit is an appropriate tool to use to satisfy the concerns of the House State Affairs Committee and the Legislature. The sponsor respectively requests that the letter of intent not be adopted since the audit request is moving forward. Also, in the Sunset Audit, on page 11 - the Auditor recommends that the Legislature amend the Council statutes related to the appointment of Council members. The Council is comprised of seven members, three public members appointed by the Governor and the four statutory designated department heads or their designees (Law, Education, Health and Social Services, and Public Safety. Current law requires the Network on Domestic Violence and Sexual Assault (Network), a non-profit corporation, to submit a list of recommended candidates to the Governor for appointment when a vacancy occurs. Further, statutes require that the Governor fill any unexpired term of a Council member after consultation with the Network. This language is passive, in that the Governor does not have to choose from the Network list. The Network annually receives a grant from the Council for a legal advocacy project and the appearance of conflict exists when a Council member reviews, evaluates, approves and monitors a grant to the same nonprofit organization that may have been responsible for recommending that individual be appointed to the Council. SB 250, in its previous version, contained language that removed both statutory references to the Network. The House State Affairs Committee deleted this language. Senator Therriault respectively asks the House Finance Committee to consider reinstatement. The legislative auditor can provide more detail about the genesis of this apparent conflict, and why it was important enough to address in this bill. Mr. Maher concluded that there are two fiscal notes that have been corrected. As funds for the Council are included in the Governor's FY07 Operating Budget Request and adopted in the House and Senate Operating Budget, there will be no additional fiscal impact due to the extension of the Council. 9:23:49 AM PAT DAVIDSON, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT DIVISION, spoke to the sunset review last year that resulted in two recommendations. One was that the council deal with a statutory requirement to coordinate with the Department of Education and with the Department of Health and Social Services. There was also a recommendation from the prior audit about the elimination of the Network from statute. She related the history of the Network modification. The Governor is able to appoint anyone to the council. The audit suggested it would be helpful to eliminate any appearance of conflict of interest. 9:26:29 AM NANCY SCHEET-FREYMILLER, ANCHORAGE, spoke as a previous council member and previous executive director of the Abused Woman's Program. She spoke in support of retaining language that would preserve the Network because it would allow for quality appointments. The Network is an association of organizations in the communities and it has insight into domestic violence and assault problems. She spoke in support of the concept of having the Network included as part of the Council in order to provide consistent, valuable input. 9:29:18 AM BRENDA STANFILL, ALASKA WOMEN'S CENTER FOR NON-VIOLENCE, FAIRBANKS, reminded the committee that the Network is made up of the 21-member programs from around the state. She described how Network members are chosen. The Network represents the community well. She opined that the process is working. She asked for the language regarding the Network to be kept in the bill. She suggested that the three public members be more clearly defined. 9:32:45 AM BARBARA MASON, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT, explained that the Council consists of seven members, four from state agencies and three public members. She spoke highly of the Council. The Council reviews reports at each quarterly meeting. She described the follow-up procedure of reports. Each of the members are very active, involved, and knowledgeable. The recommendation of the sunset audit was that the Council is meeting statutory requirements. The Council is working on recommendations related to the Department of Health and Social Services and the Department of Education. She offered to provide more information on those issues. She concluded that the Council supports extending the sunset audit date. 9:36:08 AM Co-Chair Meyer MOVED to ADOPT Conceptual Amendment 1, which would change the date on page 1, line 6, from 2008 to 2010. Representative Stoltze OBJECTED. Co-Chair Meyer explained that the committee is working off of the State Affairs CS. He suggested that there is a need for more time, therefore the proposed extension until 2010. Mr. Maher stated support for the amendment. Ms. Davidson related that the funds were also looked at under the federal compliance review. The recommendation for an 8-year extension was made with other audit processes in mind. Representative Weyhrauch asked what the original sunset date was. Mr. Maher replied that it was for 8 years, until 2014. Representative Weyhrauch asked if that was changed in House State Affairs Committee. Mr. Maher said yes. 9:39:24 AM Representative Stoltze WITHDREW his objection. There being NO further OBJECTION, Amendment 1 was adopted. Co-Chair Meyer MOVED to ADOPT Amendment 2: Page 1, line 2 After "Assault" Insert "; and eliminative statutory references to the network on domestic violence and sexual assault" Page 1, Insert new section Section 1. AS 18.66.020(a) is amended to read: (a) The council consists of (1) three persons appointed by the governor [AFTER CONSULTATION WITH THE NETWORK ON DOMESIC VIOLENCE AND SEXUAL ASSAULT, A NONPROFIT CORPORATION; THE NETWORK ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT SHALL SUBMIT A LIST TO THE GOVERNOR OF PERSONS RECOMMENDED FOR APPOINTMENT]; (2) the commissioner of public safety or the designee of the commissioner of public safety; (3) the commissioner of health and social services or the designee of the commissioner of health and social services; (4) the commissioner of education and early development or the designee of the commissioner of education and early development; and (5) the attorney general or the designee of the attorney general. Page 2, Insert new section Section 2. AS 18.66.020(b) is amended to read: (b) The term of office of a member appointed under (a)(1) of this section is two years. A member appointed under (a)(1) of this section serves at the pleasure of the governor and may not serve more than two consecutive terms. A vacancy on the council shall be filled for the unexpired term by appointment by the governor [AFTER CONSULTATION WITH THE NETWORK ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT]. Renumber the remaining section accordingly. Representative Joule OBJECTED. Mr. Maher spoke in favor of Amendment 2. He noted that the Network has done a great job and the bill is not trying to lessen the Network's importance. The Committee issued this recommendation after presenting a case, which analyzed problems. Representative Joule WITHDREW his objection. Representative Weyhrauch OBJECTED for discussion purposes. He asked what the length of the term of office is now. Ms. Davidson replied that Section 2 (b) is the other part that is required when the Governor consults the Network. Now the Governor would not have to consult with the Network. Representative Weyhrauch noted that the amendment deals with the term of office. Mr. Maher clarified that the term of office is not being changed. A statutory reference is being removed. 9:42:54 AM Representative Stoltze agreed with the intent of Amendment 2, especially Public Safety's involvement. Mr. Maher replied that Public Safety would still be involved. Representative Weyhrauch said he was concerned that the amendment removes the action between the Council and Governor. He MAINTAINED his OBJECTION to adopting Amendment 2. Co-Chair Meyer said his understanding that the Network is still allowed to provide recommendations to the Governor. A roll call vote was taken on the motion. IN FAVOR: Kelly, Stoltze, Foster, Meyer OPPOSED: Moses, Weyhrauch, Holm, Joule Amendment 2 FAILED 4-4. Amendment 3 was not taken up because it was dependent on Amendment 2 passing. 9:46:26 AM Representative Foster MOVED to REPORT SB 250, as amended, with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCSSB 250 (FIN) was REPORTED out of Committee with a "no recommendation" and with two new Department of Public Safety fiscal notes prepared by the House Finance Committee. 9:48:16 AM