SB 250-DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL 9:55:12 AM CHAIR SEATON announced that the last order of business was 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." 9:55:25 AM W. TOM MAHER, Staff to the Legislative Budget & Audit Committee, Alaska State Legislature, presented SB 250 on behalf of the Senate Rules Committee, sponsor by request of the Legislative Budget & Audit Committee. He noted that Senator Gene Therriault is the chair of the Legislative Budget & Audit committee. He noted that last year, through statute, the mandatory sunset time period was changed from four years to eight years. He explained, "As the sunset process has matured, we're looking less at eliminating these entities than measuring their effectiveness and performance." He continued as follows: In this sunset review, [the Division of Legislative Audit] concluded that the Council on Domestic Violence and Sexual Assault continues to provide a public need and is operating in the public interest. Page 7 of the [audit] report [included in the committee packet] has those conclusions. Accordingly in the bill, Section 3 extends the sunset date for the council from June 30, 2006, to June 30, 2014. The audit also, on page 9, addresses some ongoing operational concerns that include staff turnover and the failure of the council to address two of its statutory mandates regarding working with the Department of Education & Early Development and school districts on curricula for the cause, prevention, and treatment of domestic violence and sexual assault, and also a lack of coordination with the Department of Health & Social Services on the delivery of services to the victims of domestic assault by health care facilities and other providers. These are ongoing issues with the council, and in its response, the council says they are working to resolve them. The committee may want the council director to update them on their progress. MR. MAHER said Sections 1 and 2 of the bill address another recommendation directed at the legislature, which is shown on page 11 of the report. He said the auditor recommends that the legislature amend the council statutes related to the appointment of council members. He relayed that the council is comprised of seven members, three of whom are appointed by the governor, and four of whom are designated in statute to be department heads, one each, from the Department of Law, the Department of Education & Early Childhood Development, the Department of Health & Social Services, and the Department of Public Safety. Current law requires the Network on Domestic Violence & Sexual Assault, a nonprofit corporation, to submit a list of recommended candidates to the governor for appointment when a vacancy occurs on the council. Further, he noted, statute requires that the governor fill any unexpired term of a council member after consultation with the network. Mr. Maher stated, "Since the network annually receives a grant from the council for a legal and advocacy project, and the appearance of conflict exists when a council member reviews, evaluates, and approves, and monitors a grant to the same nonprofit organization that may have been responsible for recommending that individual - the appointee to the council - we feel a conflict exists." The proposed legislation would delete both statutory references that produce this conflict, he said. MR. MAHER pointed out that there is a zero fiscal note with the bill, which is produced by the Department of Public Safety. He reviewed that funds for the council are already included in the governor's fiscal year 2007 (FY 07) proposed operating budget; therefore, there would be no additional fiscal impact "due to the extension of the council." 9:59:43 AM CHAIR SEATON said he thinks everyone on the committee would agree that the issue of domestic violence and sexual assault is of primary significance within Alaska. Regarding the function of the council, he stated, "Our responsibility is not only to maintain things, but [also to] make sure that we were working on them in an effective manner." He said he would like to hear testifiers' opinions relating to the council's plan and whether or not the existing mechanism is effective. 10:01:01 AM PAT DAVIDSON, Legislative Auditor, Legislative Audit Division, Legislative Agencies & Offices, stated her understanding that it was in the early 1990s that the mission of the council was significantly expanded, and with that expansion the staff also increased. Ms. Davidson said the audit done revealed two functions of the council - originally highlighted about four years ago during the last audit - that "still hadn't been resolved yet." She said, as Mr. Maher indicated, those two functions were the coordination with the schools and the Department of Health & Social Services. She stated, "When staff are churning, it does make it more difficult to get things accomplished." She concluded, "As the council tries to address those issues, we hope and expect that they are going to take on these statutorily mandated items and start dealing with those." 10:03:44 AM CHAIR SEATON requested that Barbara Mason, the Executive Director of the Council on Domestic Violence and Sexual Assault, provide for the committee the council's action plan, meeting agenda, and council member attendance and minutes of past meetings. [SB 250 was heard and held.]