01/29/2020 01:30 PM House JUDICIARY

            HB 142-NATIVE ORGANIZATIONS TANF PROGRAM                                                                        
                                                                                                                                
1:49:59 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
HOUSE  BILL   NO.  142,  "An   Act  relating  to   Alaska  Native                                                               
organizations;  relating to  the  village  public safety  officer                                                               
program;  and   relating  to  the  Alaska   temporary  assistance                                                               
program."  [Before the committee  as a work draft, adopted during                                                               
the  meeting on  1/27/20, was  the proposed  committee substitute                                                               
(CS) for HB 142, Version 31-LS0535\G, Marx, 1/23/20.]                                                                           
                                                                                                                                
CHAIR CLAMAN commented that this was  the third hearing of HB 142                                                               
before the  House Judiciary  Standing Committee.   There  were no                                                               
amendments  received for  HB 142.    Chair Claman  noted for  the                                                               
committee  members  that  Stacie  Kraly,  the  [Chief  Assistant]                                                               
Attorney General  from the  Department of Law  (DOL), was  on the                                                               
line  to  answer  questions.     He  noted  that  Ms.  Kraly  was                                                               
responsible  for  providing  advice   to  the  Health  and  Human                                                               
[Services] Department (HSS).                                                                                                    
                                                                                                                                
1:50:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  stated that  she  would  like to  get  an                                                               
answer  to the  question  she  had asked  in  the previous  House                                                               
Judiciary Standing Committee  meeting on 1/27/20.   She wanted an                                                               
explanation  as to  why  the  DOL had  been  able  to identify  a                                                               
problem and work  with the HSS to solve it  yet would not express                                                               
a position on HB 142.                                                                                                           
                                                                                                                                
1:51:17 PM                                                                                                                    
                                                                                                                                
STACIE KRALY, Chief  Assistant Attorney General/Statewide Section                                                               
Supervisor,  Human  Services   Section,  Administrative  Services                                                               
Division, Department  of Law, explained that  the issue regarding                                                               
the application by  The Central Council of the  Tlingit and Haida                                                               
Indian Tribes  of Alaska "Tlingit  & Haida" for  tribal Temporary                                                               
Assistance   for    Needy   Families   (TANF)    was   identified                                                               
approximately  three years  ago.   Ms. Kraly  worked with  Kendri                                                               
Cesar  and  other  attorneys  representing  Tlingit  &  Haida  to                                                               
identify  the issue  and present  some possible  solutions.   She                                                               
explained  that it  was  decided  Tlingit &  Haida  would seek  a                                                               
legislative fix to the issue where  it is not a non-profit, so it                                                               
would be eligible for funds  without being in technical violation                                                               
of AS 47.27.070, which read as follows:                                                                                         
                                                                                                                                
     Sec. 47.27.070.   Alaska native organizations' family                                                                      
     assistance programs.                                                                                                       
          (a) The  department may  coordinate only  with the                                                                    
     following  Alaska Native  organizations, as  designated                                                                    
     under  federal  law,  in   the  development  of  family                                                                    
     assistance programs:                                                                                                       
          (1) Arctic Slope Native Association;                                                                                  
          (2) Kawerak, Inc.;                                                                                                    
          (3) Maniilaq Association;                                                                                             
          (4) Association of Village Council Presidents;                                                                        
          (5) Tanana Chiefs Conference;                                                                                         
          (6) Cook Inlet Tribal Council;                                                                                        
          (7) Bristol Bay Native Association;                                                                                   
          (8) Aleutian and Pribilof Island Association;                                                                         
          (9) Chugachmiut;                                                                                                      
          (10) Tlingit Haida Central Council;                                                                                   
          (11) Kodiak Area Native Association;                                                                                  
          (12) Copper River Native Association; and                                                                             
          (13)  Metlakatla Indian  Community of  the Annette                                                                    
     Islands Reserve; however,  the department may cooperate                                                                    
     with  the   Metlakatla  Indian  Community   under  this                                                                    
     chapter  only  if the  community  waives  any claim  to                                                                    
     sovereign  immunity with  respect  to matters  involved                                                                    
     with the family assistance program.                                                                                        
          (b) The  department may cooperate with  the Alaska                                                                    
     Native organizations  named in  (a) of this  section to                                                                    
     propose  program  criteria  to  the  Secretary  of  the                                                                    
     United States  Department of Health and  Human Services                                                                    
     in order  to promote  programs comparable to  the state                                                                    
     program in the same area.                                                                                                  
          (c)  Notwithstanding  other   provisions  of  this                                                                    
     section, the department may  coordinate with an Alaskan                                                                    
     Native organization under (a)  of this section only if,                                                                    
     for  purposes  of  this   chapter,  the  Alaska  Native                                                                    
     organization  incorporates  a  nonprofit  entity  under                                                                    
     state law  and the  nonprofit entity  is active  and in                                                                    
     good  standing,  as  determined by  the  Department  of                                                                    
     Commerce, Community, and Economic Development.                                                                             
                                                                                                                                
MS. KRALY  stated that the position  of the DOL is  not that they                                                               
do  not  support  HB  142,  but rather  that  there  are  several                                                               
solutions to the  problem and the DOL does not  have a preference                                                               
on which solution is chosen.   She explained that HB 142 proposes                                                               
a  solution  to  the  problem.   She  expressed  that  the  DOL's                                                               
interest  is  in seeing  the  problem  solved, not  presenting  a                                                               
position on which solution is preferred.                                                                                        
                                                                                                                                
1:52:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  Ms.  Kraly whether  there were  any                                                               
solution(s) that she thinks might be a better option.                                                                           
                                                                                                                                
MS. KRALY replied that one  of the solutions, which was discussed                                                               
at  the  previous  committee  meeting  on  1/27/20,  was  whether                                                               
Tlingit &  Haida should become  a non-profit.   She said  that as                                                               
Kendri Cesar had  testified, it was decided that this  was not an                                                               
appropriate business  decision for  Tlingit &  Haida.   Ms. Kraly                                                               
presented that  another option could  be a specific  amendment to                                                               
AS 47.27.070(a)(13),  changing it  slightly so  that it  would be                                                               
specified whether  an organization  was applying  on behalf  of a                                                               
tribal  organization or  as a  non-profit.   She reiterated  that                                                               
there  are  several  solutions  to  the  issue  and  not  one  is                                                               
preferred by  the DOL.   She stated that  what the DOL  thinks is                                                               
necessary is a  fix to the technical problem relating  to the way                                                               
AS 47.27.070 is currently drafted.                                                                                              
                                                                                                                                
REPRESENTATIVE   LEDOUX  expressed   that  she   did  not   quite                                                               
understand  why, given  that the  DOL  had worked  with the  bill                                                               
sponsor to solve the problem, it  was not able to say it supports                                                               
HB 142.                                                                                                                         
                                                                                                                                
MS. KRALY  explained that  the DOL  does not  take a  position on                                                               
several legislative proposals.  She  added that the DOL does take                                                               
the position that AS 47.27.070 needs  to be amended and HB 142 is                                                               
a way  to amend  it that  would resolve  the issue  regarding the                                                               
technical violation.                                                                                                            
                                                                                                                                
1:54:34 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked  Ms. Kraly whether it was correct  to say that                                                               
the  DOL  believes  HB  142   solves  the  problem  regarding  AS                                                               
47.27.070 successfully.                                                                                                         
                                                                                                                                
MS.  KRALY replied  that  the DOL  does see  it  as a  successful                                                               
solution.                                                                                                                       
                                                                                                                                
CHAIR CLAMAN asked whether the  DOL would be suggesting any other                                                               
changes to  AS 47.27.070.    He stated  that Tlingit &  Haida had                                                               
Representative Kreiss-Tomkins present HB 142,  and it seems to be                                                               
its preferred  solution to  the problem,  even if  it is  not the                                                               
DOL's preferred solution.  He  asked whether there was any reason                                                               
she could  see as to why  the committee shouldn't approve  HB 142                                                               
as solving the problem.                                                                                                         
                                                                                                                                
MS. KRALY replied that she does not.                                                                                            
                                                                                                                                
CHAIR CLAMAN  asked whether  the DOL  shares Ms.  Kraly's opinion                                                               
recommends the  committee move  forward with HB  142 or  pursue a                                                               
different solution.                                                                                                             
                                                                                                                                
MS. KRALY responded that her  understanding is the DOL shares her                                                               
opinion.                                                                                                                        
                                                                                                                                
1:55:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  Ms.  Kraly whether  she thinks  HB
,  as  currently  written,  could  open  the  possibility  for                                                               
organizations other  than Tlingit  & Haida  to take  advantage of                                                               
the change in statute.                                                                                                          
                                                                                                                                
1:55:52 PM                                                                                                                    
                                                                                                                                
MS.  KRALY responded  that  she does  not think  it  would.   She                                                               
explained  that  she agreed  with  Kendri  Cesar's analysis  that                                                               
there  is a  very  narrow category  of  individuals eligible  for                                                               
tribal  TANF,  and  those  individuals  are  limited  by  federal                                                               
statute.    Therefore,  adding  additional  framework  for  other                                                               
individuals   to  come   in   would   probably  require   federal                                                               
legislation.                                                                                                                    
                                                                                                                                
1:56:57 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked whether  there  were  any further  questions                                                               
regarding HB 142.  Hearing none, he requested a motion.                                                                         
                                                                                                                                
1:57:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved  to  report  CSHB  142,  Version  31-                                                               
LS0535\G,  Marx,  1/23/20,  out   of  committee  with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,  CSHB  142(JUD)  was reported  out  of  the  House                                                               
Judiciary Standing Committee.