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F I S C A L I M P A C T R E P O R T

SPONSOR Madalena

ORIGINAL DATE

LAST UPDATED

3/13/2007

HB HM 94

SHORT TITLE Native American Women Domestic Violence Study SB

ANALYST Schuss

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

Unknown

Unknown

Non-

Recurring General

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Indian Affairs Department (IAD)

Did Not Respond

Children, Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

House Memorial 94 makes a request for a multiagency study of domestic violence against Native

American women, supporting the collaborative efforts of the Indian Affairs Department,

Children, Youth and Families Department and the Department of Health on behalf of Native

American women, children and elders who have been subjected to violence, sexual assault,

battering and stalking.

FISCAL IMPLICATIONS

There is a potential cost to the general fund to conduct this study. HM 94 contain no

appropriation.

DOH and IAD have reported that there will be no fiscal implications.

House Memorial 94 – Page

2

SIGNIFICANT ISSUES

IAD has included the following in their analysis:

HM 94 are in line with ongoing efforts by the IAD and other state agencies to work

collaboratively to address domestic violence against Native American women. The IAD is

currently in the process of entering into a memorandum of understanding (“the MOU") with

CYFD to address this very subject. The objective of this initiative is to take a collaborative

approach to domestic violence involving Native Americans.

A draft version of the MOU enumerates various areas of interagency cooperation to

further the following objectives:

•

Working with tribal governments, the federal government and the domestic violence

program provider community to improve the provision of domestic violence services

•

Crafting treatment programs which are culturally and linguistically appropriate

•

Information sharing between agencies

•

Exploring and supporting potential legislative mechanisms to address the problem

The proposed House Memorial furthers and complements this pending initiative.

DOH reports the following:

Domestic violence, sexual assault and stalking disproportionately impact Native

American women, children and elders. According to American Indians and Crime report from

the Bureau of Justice Statistics, the first comprehensive report on violent victimization among

Native Americans issued by the Department of Justice, Native Americans experience violent

victimization at more than twice the national rate. In fact, Native Americans account for less than

1% of the U.S. population; however, they experience violent victimization at a rate of 124 per

1,000 persons over age 12, whereas all races have a violent victimization rate of 50 per 1,000

persons over age 12. At least 75% of the violent victimization experienced by Native Americans

is committed by persons not of the same race.

According to the same report, Native American victims of intimate and family violence

are more likely than victims of all other races to be injured and need hospital care. Medical costs

associated with their injuries were more than $21 million over a 4-year period. Additionally,

three-fourths of American Indian women have experienced some type of sexual assault in their

lives and seventeen percent of Native American women have been stalked. Native American

women have an average annual rate of sexual assault of 7.2 per 1000, compared to 1.9 per 1000

for all races (Ronet Bachman. The Epidemiology of Rape and Sexual Assault Against American

Indian Women: An Analysis of NCVS data. Sept 2003).

ADMINISTRATIVE IMPLICATIONS

IAD reports that they are designated as a leading agency for the study proposed in HM 94.

Given the IAD’s ongoing relationship with tribal governments, and the need to work with those

governments, this is an appropriate role for the department. It will complement the technical

expertise brought to the study by CYFD and DOH.

House Memorial 94 – Page

3

On page 3, lines 1-5 HM 94 state that the IAD, DOH and CYFD “have the capacity and

resources to examine and assess the scope of issues associated with disproportionate rates of

violence against Native American women." IAD reports that while it is true that IAD has the

expertise to contribute to the completion of the study sought in HM 94, its personnel resources

will be strained by the likely demands contained in the legislation. Additional resources may be

required.

BS/nt