HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE February 1, 1993 3:00 p.m. MEMBERS PRESENT Rep. Cynthia Toohey, Co-Chair Rep. Con Bunde, Co-Chair Rep. Gary Davis, Vice Chair Rep. Al Vezey Rep. Pete Kott Rep. Harley Olberg Rep. Bettye Davis Rep. Irene Nicholia Rep. Tom Brice MEMBERS ABSENT None COMMITTEE CALENDAR EO 84: Consolidating the duties and functions of the Alaska Women's Commission and the Alaska Commission on Children and Youth into a new Alaska Human Relations Commission in the Governor's Office. HELD OVER TO TIME UNCERTAIN WITNESS REGISTER Kristie Leaf, Executive Director Boards and Commissions Office of the Governor P.O. Box 110001 Juneau, Alaska 99811 Phone: (907) 465-3500 Position Statement: Supported EO 84 Nancy Kuhn 6080 Amy-Dyan Road Fairbanks, Alaska 99712 Phone: (907) 488-0329 Position Statement: Opposed EO 84 Meg Gaydosik, Board Member American Association of University Women 1024 Fifth Ave. Fairbanks, Alaska 99701 Phone: (907) 456-8389 Position Statement: Opposed EO 84 Tom Schell, Director Parent and Family Center 427 W. 12th St Juneau, Alaska 99801 Phone: (907) 586-5993 Position Statement: Opposed EO 84, Represented Catholic Social Services Carol Huntington American Association of School Boards Galena, Alaska 99741 Phone: (907) 656-1312 Position Statement: Opposed EO 84 Virginia Phillips, Member Alaska Women's Commission 404 Lake St. 2-D Sitka, Alaska 99835 Phone: (907) 747-8024 Position Statement: Supported EO 84 Carmen Lowry, Program Director Tundra Women's Coalition P.O. Box 2316 Bethel, Alaska 99559 Phone: (907) 543-3455 Position Statement: Opposed EO 84 Bryan Davidson Tundra Women's Coalition P.O. Box 1765 Bethel, Alaska 99559 Phone: (907) 543-3444 Position Statement: Opposed EO 84 Ruth Lister, Member Fairbanks Alaska Women's Political Caucus and the Alaska Women's Lobby 1290 Jones Road Fairbanks, Alaska 99709 Phone: (907) 455-6886 Position Statement: Opposed EO 84 Bonnie Jack 1063 W. 20th Ave. Anchorage, Alaska 99503 Phone: (907) 279-4836 Position Statement: Opposed EO 84; Supported HSCR 1 Lauree Hugonin P.O. Box 1537 Bethel, Alaska 99559 Phone: (907) 543-3455 Position Statement: Opposed EO 84 Valerie Davidson P.O. Box 22899 Juneau, Alaska 99802 Phone: (907) 463-1899 Position Statement: Opposed EO 84; Former member of the Alaska Commission on Children and Youth Sherrie Goll, Lobbyist Alaska Women's Lobby; KIDPAC P.O. Box 22156 Juneau, Alaska 99802 Phone: (907) 463-6744 Position Statement: Opposed EO 84 PREVIOUS ACTION EO 84: Was heard previously in the House State Affairs Committee on 1-19-93. ACTION NARRATIVE TAPE 93-8A, SIDE A Number 000 CHAIR TOOHEY called the meeting to order at 3:03 p.m. and noted members present. She announced that the committee would hear Executive Order 84, Establishing the Alaska Human Relations Commission. She noted that the meeting was being teleconferenced to Anchorage, Fairbanks, Sitka, and Galena. Number 037 KRISTIE LEAF, EXECUTIVE DIRECTOR OF BOARDS AND COMMISSIONS IN THE OFFICE OF THE GOVERNOR, introduced herself and announced she would testify in support of EO 84. She presented the committee with an outline of her testimony and proceeded to read it to the committee. (The document, identified as Attachment 1, is incorporated herein and is on file in the HESS committee room.) MS. LEAF described how the Governor's Task Force on Boards and Commissions studied the question of merging some commissions to consider saving money; received public testimony more than 2-1 in support of a merger; and then unanimously recommended merging the Alaska Commission on Children and Youth (ACCY) and the Alaska Women's Commission (AWC) into a Human Relations Commission (HRC). She said the duties of each commission would remain the same in the combined commission, but the membership would drop to nine from 21 in the two commissions. The new commission budget would have to be higher, she said, and the governor would later this session ask for more money than the combined $60,700 the ACCY and AWC now receive. Having completed her prepared testimony, Ms. Leaf asked for questions. (Rep. Nicholia arrived at 3:09 p.m.) Number 128 REP. B. DAVIS asked Ms. Leaf how combining the two commissions would strengthen them. MS. LEAF answered that combining the two commissions' budget, adding more money, and decreasing the number of commissioners would strengthen the ability of the single commission to perform both commissions' functions as defined in statute. REP. B. DAVIS asked how much money the HRC would receive. MS. LEAF said it had not been determined. REP. B. DAVIS asked whether the two commissions were able to carry out their duties in the two years they had each received about $30,000 in funding, and whether they had been successful. MS. LEAF said she did not have a list of those accomplishments and could not comment on their success. REP. BUNDE asked Ms. Leaf to reconcile the zero fiscal note with the governor's intention to seek more funding for the HRC. MS. LEAF answered that the commissions' past combined budgets had been as high as $344,000 in previous years, and a merged committee would require the $60,000 and more. "Relatively speaking, funds would be (unintelligible) when we look at the history of the two commissions' budgets," she said. Number 178 CHAIR TOOHEY expressed her opposition to EO 84, as a Human Relations Commission would actually be a Family Commission addressing women's and children's issues, but not men's issues. She suggested achieving the governor's intent to save money by reducing the Alaska Women's Commission and the Alaska Commission on Children and Youth to five members each, retaining funding at current levels, and possibly creating a Men's Commission. Number 208 CHAIR TOOHEY called for testimony from teleconference sites. Number 210 NANCY KUHN, representing herself, testified from Fairbanks in opposition to EO 84, saying that women have separate issues and deserve a separate commission and should not be equated with children or other dependents. Number 233 CHAIR TOOHEY called an at-ease at 3:15 p.m. She called the meeting back to order a few minutes later and called the next teleconference witness. Number 246 MEG GAYDOSIK, speaking for the Alaska members of the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN, testified from Fairbanks in opposition to EO 84 and in support of HSCR 1. She said the association supports having a separate commission for women to address concerns such as physical violence, rape, equal compensation, and poverty. She cited the allegations against State Senator George Jacko of sexual harassment as proof of women's needs for a separate commission. Number 279 TOM SCHELL, of the ALASKA PARENT AND FAMILY CENTER in Juneau, and speaking for CATHOLIC SOCIAL SERVICES for the SOUTHEAST ALASKA DIOCESE, testified in opposition to EO 84. He said he believed the commissions should be kept separate because joining them would dilute the services necessary to help youth. He cited his background as a retiree with 32 years in teaching and as director of pupil services in West Virginia, including 26 years working with at-risk students. He read statistics listing Alaska youth's problems with teen pregnancy, substance abuse, low scholastic achievement, abuse, suicide, and more. (His written remarks are herein incorporated as Attachment 2, and are on file in the committee room.) Number 365 CAROL HUNTINGTON, of the ALASKA ASSOCIATION OF SCHOOL BOARDS, testified from Galena that her association did not want to see the focus on children diluted, but she did not take a position opposing or supporting EO 84. Number 392 VIRGINIA PHILLIPS, a member of the ALASKA WOMEN'S COMMISSION, testified from Sitka in support of EO 84. She said most of the testimony she heard on the issue recommended combining commissions, and the commission voted unanimously last spring to combine. She recommended adding a men's branch to the combined commission. She said help for children was best delivered through families. She recommended fighting mailed pornography as one cause of women's and children's problems. (She submitted additional written testimony, incorporated herein as Attachment 6.) Number 441 REP. BRICE asked Ms. Phillips for the most compelling arguments she had heard in testimony supporting combining commissions, other than administrative efficiency. MS. PHILLIPS answered that children do not live in isolation from their parents - children and parents work together, and a joint commission would cut duplication of services and save money. CHAIR TOOHEY mentioned that written testimony to the Alaska Women's Commission included 10 letters supporting combination, five against. Number 478 REP. NICHOLIA mentioned the 111-page, 1988 annual report, and a one-page 1991 annual report, for the Alaska Women's Commission and asked the reason for the differences. MS. PHILLIPS answered that the 1991 report was produced while the Alaska Women's Commission and the Alaska Commission on Children and Youth were merging office space and moving to Juneau, which created a crisis-like atmosphere and confusion that limited their ability to do a full report. Number 499 REP. B. DAVIS asked Ms. Phillips whether the cuts to the two commissions' budgets created a crisis, and if that prevented them from accomplishing much. MS. PHILLIPS answered that there was a crisis, but the commissions did the best they could with the resources they had, and they did accomplish some things by stretching themselves. REP. B. DAVIS mentioned the commissions' difficulties resulting from smaller budgets recommended against combining them, as the earlier budget cuts and efforts at efficiency had degraded their effectiveness. She also questioned whether a Family Commission or a Human Relations Commission would address children's issues, which she said sometimes supercede a family's concerns. She voiced opposition to any combination. Number 538 CARMEN LOWRY, PROGRAM DIRECTOR, TUNDRA WOMEN'S COALITION, a domestic violence and sexual assault center in Bethel, testified from Bethel in opposition to EO 84 as a dilution of the two commissions' distinct functions. She questioned how the combination would save money if the governor planned to make supplementary appropriations to a combined commission. (Rep. Pete Kott arrived at 3:20 p.m.) BRYAN DAVIDSON, a volunteer worker at the TUNDRA WOMEN'S CENTER, testified from Bethel in opposition to EO 84. He said women and children sometimes have mutually exclusive concerns, such as in child abuse cases. Number 575 RUTH LISTER of the FAIRBANKS ALASKA WOMEN'S POLITICAL CAUCUS and the ALASKA WOMEN'S LOBBY, and former director of the ALASKA WOMEN'S COMMISSION, testified from Fairbanks in opposition to EO 84. She said that, with its prior funding, the Alaska Women's Commission did a good job. The commission had to deal more with women's survival issues than with women's equity issues. She said women's and children's issues need thorough research and adequate funding. TAPE 93-8A, SIDE B Number 000 REP. BUNDE asked Ms. Lister what she considered adequate funding for the Alaska Women's Commission. MS. LISTER replied that the $239,000 for the Alaska Women's Commission, and $104,000 in FY91, was not much money, but was buttressed by some private funds, grants and in-kind services. Number 020 BONNIE JACK, a divorced mother representing herself, testified from Anchorage in opposition to EO 84, saying that a combined commission would exclude the concerns of men and issues of families and human relations. She suggested reducing the ACCY from four executive and seven public members to one executive and four public members. She suggested cutting the AWC from nine public members to four public members, and retaining a single executive member. She also suggested cutting costs by limiting in-person meetings. She complained of difficulties of contacting the children's commission by telephone and in obtaining commissions' annual reports. Number 169 LAUREE HUGONIN, a single working woman from Bethel, representing herself, testified in Juneau in opposition to EO 84, saying Alaska women need a separate commission. (Her written testimony, herein incorporated and identified as Attachment 3, is on file in the committee room.) Number 222 VALERIE DAVIDSON, a Southwest Alaska Native and former member of the ALASKA COMMISSION ON CHILDREN AND YOUTH, representing herself, testified in Juneau in opposition to EO 84. (Her testimony is herein incorporated and identified as Attachment 4, and is on file in the HESS committee room.) She said she opposes the combination because it would dilute the attention paid to children who cannot speak for themselves. She also cited a June 21, 1991, meeting of the ACCY in which Cheri Jacobus, a representative from the Department of law, said the two commissions could not be statutorily combined. She encouraged more funding for the Alaska Commission on Children and Youth. She stated it would be more important to fund the children's commission than the Older Alaskans Commission. She added that the efficiency in merging would come from doing less work. Number 353 CHAIR TOOHEY asked about a 1990 annual report from the ACCY, which mentioned a Children's Trust Fund which distributed $21 million to community-based prevention efforts in 43 states in 1988. She asked how much Alaska had received, how it was spent, and whether the state could continue to receive such money if the commissions were merged. MS. LEAF replied that, according to the Department of Revenue's administrative services director, the Alaska Children's Trust Fund was established in 1989 or 1990, but has never received any money and has none now, though provisions were made for it to be administered by the Alaska Commission on Children and Youth, with the commissioner of Revenue serving as treasurer. She said EO 84 would make no changes in the trust fund's administration. MS. DAVIDSON stated the national Children's Trust Fund only issues matching grants to state funds, and the legislature has failed to appropriate money for matching grants, which would have granted the ACCY up to $150,000 for administrative costs. The Alaska Women's Commission said they would work out a memorandum of agreement with the ACCY, although only the women's commission did not get such grants. Number 390 REP. BRICE said that the language outlining the Human Relations Commission is closely based on that outlining the Alaska Women's Commission, and therefore made little mention of how children's issues would be addressed. He asked Ms. Davidson to describe the children's commissions membership and asked for her previous testimony to be included in the record. MS. DAVIDSON said there were five public members, one student under 21, and a representative each from the Departments of Education, Public Safety, Law, Health and Social Services, plus invited members from Public Safety and CDBFA (sic), and Community and Regional Affairs. She also encouraged the committee members read "Our Greatest Natural Resources," The Governor's Interim Commission Report on Children and Youth. Number 435 SHERRIE GOLL, a lobbyist representing the ALASKA WOMEN'S LOBBY and KIDPAC, testified in Juneau in opposition to EO 84. (Ms. Goll's written testimony, identified as Attachment 5, is on file in the HESS committee room.) She said there were efforts before the debilitating budget cuts of 1991 to develop a state-wide plan for children to respond to the children's commission, which led to increases in community based programs for children, and in general, attention to children's problems. She lamented the decline in interest and funding for children's programs since 1991. She said children's trust funds were created to help fund community based child abuse and neglect prevention. The Alaska Children's Trust Fund was created several years ago, but the Permanent Fund Dividend check-off funding mechanism did not pass the legislature, leaving it the only non-funded trust fund in the nation. The fund now receives only several thousand dollars a year from the sale of ornate birth certificates, she said. Administration of the trust fund has been moved from a now defunct board to the Alaska Commission on Children and Youth. Number 481 MS. GOLL continued, saying that when the Alaska Children's Trust Fund was established, the Health and Social Services department had room in its budget for prevention of child abuse, including abuse prevention grants, but that money has dried up. She said a question remains whether, if the legislature appropriates money to HSS for child abuse prevention, it would be proper for the money to be administered by the commission into which the ACCY was merged by executive order, or by a separate board. REP. BRICE asked whether there had been talk of incorporating the Children's Trust Fund into the Alaska Women's Commission. MS. GOLL answered no. Number 520 CHAIR TOOHEY closed off public testimony and asked the will of the committee. REP. BUNDE said the $340,000 for the two commissions was not an insignificant amount of money. He expressed concern that the governor had not yet decided how much money a combined commission would receive. He moved passage of EO 84 from the HESS Committee with individual recommendations. REP. BRICE objected. Number 536 REP. G. DAVIS said the committee must consider whether the executive order was recommending changes in statute, which would be illegal. MS. LEAF answered that EO 84 transferred powers of the two commissions and did not delete them, and as such fell within the power of an executive order. Number 556 REP. B. DAVIS asked that no action be taken until she could study testimony from the House State Affairs Committee, which was not in her bill packet. CHAIR TOOHEY expressed her agreement and said the committee should hold the order for further consideration. REP. BRICE expressed a desire to have legal opinions on the authority of an executive order come from Legislative Legal Services and not Ms. Leaf. REP. NICHOLIA echoed Rep. Brice's request. CHAIR TOOHEY noted Rep. Nicholia's request, then ADJOURNED the meeting at approximately 4:20 p.m.