Legislature(2019 - 2020)BELTZ 105 (TSBldg)
02/04/2020 03:45 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB121 | |
| Overview: Census Update | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 121 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 121-NATIVE ORGANIZATIONS VPSO & TANF PROGRAMS
3:49:35 PM
CHAIR BISHOP announced the consideration of SPONSOR SUBSTITUTE
FOR SENATE BILL NO. 121, "An Act relating to Alaska Native
organizations' family assistance programs."
3:50:03 PM
SENATOR JESSE KIEHL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 121, introduced the legislation speaking to the
following sponsor statement:
Sponsor Substitute Senate Bill 121 fixes a
contradiction in Alaska law so the Central Council of
Tlingit & Haida Indian Tribes of Alaska (T&H) can keep
administering the tribal Temporary Assistance to Needy
Families (TANF) program in Southeast.
AS 47.27.070(a) lists the organizations qualified to
run TANF, including T&H. But subsection (c) of the
same law says only "nonprofits" may run TANF. As a
tribal government, T&H is not a non-profit. This
contradiction endangers T&H's ability to keep running
the program.
T&H has successfully run TANF for almost two decades.
Taking the contradiction out of the law will let the
tribe continue its good work for Alaskans in need.
SENATOR KIEHL stated that the bill is a simple technical fix.
For many years, the State of Alaska has partnered with the
Central Council of Tlingit and Haida Indian Tribes of Alaska
(T&H) to provide a couple of programs, one of which is a TANF
Program.
SENATOR KIEHL said the partnership with T&H has been effective.
They do an excellent job helping families to self-sufficiency
and have been very successful in partnering with any number of
groups and agencies around the region and around the state. In
addition to an effective job, T&H does a fiscally efficient job
for the State of Alaska because their participation helps lower
the general fund requirement for the State of Alaska's
maintenance of effort to participate in the TANF program.
SENATOR KIEHL explained that when the partnership between the
State of Alaska and T&H began, a section was put into statute
that required the partners to be nonprofits. He said he was not
sure how that section got into statute, but a tribe is not a
state chartered nonprofit corporation. It is an entirely
different entity. The bill will take care of the inconsistency
by deleting the nonprofit requirement, thereby allowing the
partnership to continue as it has for a number of years.
He noted that SB 121 does not open the partnership for TANF to
any and all organizations that might someday be interested. T&H
is on a list in the statute via federal law. The bill is a
simple and specific fix.
CHAIR BISHOP asked Ms. Schlingheyde if she had anything to add.
3:52:38 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, replied Senator Kiehl's explanation
covered the intent of the bill.
CHAIR BISHOP summarized that the bill is a technical fix to
match federal law to state law.
SENATOR MICCICHE said the statute seems to say that the tribal
entity has to have a nonprofit entity, not necessarily that the
entire tribe has to be nonprofit. He asked if T&H previously had
a nonprofit entity that qualified it.
SENATOR KIEHL answered that there are people from T&H who can
answer that with 100 percent accuracy but he did not believe so.
Rather, this has been a disconnect between the statute and the
reality of the tribe's good work in this area for many years.
3:54:31 PM
KENDRI CESAR, Outside Counsel, Central Council Tlingit and Haida
Indian Tribes of Alaska, Juneau, Alaska, explained that T&H had
discussions with the Alaska Department of Law and the Alaska
Department of Health and Social Services on options for a
solution when the statutory problem was first identified three
years ago. Forming a nonprofit or incorporating the tribe were
considered but it is not a workable option for the tribe and the
tribe had been successfully carrying out the TANF Program for 20
years without incorporation. Pursuing a statutory fix seemed to
be the most straightforward solution.
SENATOR MICCICHE asked if Tlingit and Haida Central Council that
is named in the existing statute is the same entity discussed in
the bill as Council of Tlingit and Haida Indian Tribes of
Alaska.
MS. CESAR answered yes.
SENATOR MICCICHE asked if the "Notwithstanding" in the repeal
language covered those listed within [AS 47.27.070(a)].
MS. CESAR explained that subsection (a), like the federal
provision, specifies the appropriate entities that Congress
authorized to carry out the program for Alaska. However, the
requirement in subsection (c) requires Alaska Native
organizations to incorporate. She noted that the statutory
requirement lists incorporated entities, like Metlakatla.
3:56:46 PM
SENATOR MICCICHE questioned the necessity for the bill when it
looks like subsection (a) covered T&H.
CHAIR BISHOP stated that the bill will be set aside to allow the
committee more time to ponder.
SENATOR MICCICHE emphasized that his previous question should
not in any way mean that he is not supportive of repairing the
issue. He said it sometimes seems like the legislature is fixing
things that are common sense issues that are adequately dealt
with in existing code.
CHAIR BISHOP said he would like to ask the Alaska Department of
Law if they support the bill.
SENATOR MICCICHE reiterated that his question is if the change
is necessary as a technicality or if T&H is covered under
section (a) in the statute.
3:58:18 PM
STACIE KRALY, Chief Assistant Attorney General, Civil Division,
Human Services Section, Alaska Department of Law, Juneau,
Alaska, answered that the fix is necessary because of the way
the federal tribal TANF Program is set up.
SENATOR MICCICHE asked if the fix is for everyone on the list.
MS. KRALY answered that the vast majority of those listed in the
statute are nonprofit organizations. The other difference is
Metlakatla is a tribal reservation in Alaska. She reiterated
that this fix would solve the problem.
CHAIR BISHOP asked if DOL supports the changes in the bill.
MS. KRALY answered that the Alaska Department of Law takes no
position on the proposed fix. The department recognizes that
there were three different ways to fix the problem. Ms. Cesar
discussed one fix that T&H declined, which was to become an
organized nonprofit or file as a nonprofit. She said a second
way to fix the problem would be to amend subparagraph 13 of the
statute. The third way is the fix proposed by the bill. She
summarized that any of the three fixes would work for the
department. She said it is not that the department does not
support the bill, the department supports the fix.
4:00:12 PM
SENATOR GRAY-JACKSON thanked Senator Kiehl for bringing the bill
forward. She said she does not blame T&H for not wanting to deal
with becoming a nonprofit if they really do not have to. She
stated that she is glad the housekeeping issue is coming forward
and she is looking forward to moving forward.
SENATOR MICCICHE asked why [AS 47.27.070(c)] was originally in
statute.
MS. CESAR explained that T&H looked at the state legislative
history and unfortunately the analysis did not shed light on
that question. T&H is not sure why the section was inserted
other than perhaps as a regional tribe, which is unique in
Alaska, was confused with the other nonprofits. She said there
does seem to be some general misunderstanding about regional
tribes, which are unlike any other tribes. She added that Alaska
does tend to have a regional delivery of services like the TANF
Program.
CHAIR BISHOP asked if she had anything else to put on the record
before the bill is set aside.
MS. CESAR noted that Jesse Parr, TANF Manager for T&H, is in
attendance to discuss the savings to the state which Senator
Kiehl previously noted.
CHAIR BISHOP asked Mr. Parr to highlight some of the savings
from the TANF Program.
4:02:14 PM
JESSE PARR, TANF Program Manager, Central Council Tlingit and
Haida Indian Tribes of Alaska, Juneau, Alaska, explained that
the tribe receives TANF funding directly from the federal
government. The tribal TANF Program is throughout the state and
is comprised of about 30 percent of the federal TANF funding.
The state realizes a 30 percent reduction in its maintenance of
effort requirement that results in a $15 million savings, from
$52 million to $36 million.
He summarized that the TANF Program is good for all parties
involved. He affirmed that T&H genuinely desires to continue
providing services to help people.
CHAIR BISHOP commented that the more the legislature can do to
create jobs, less people will have to use the TANF Program.
MR. PARR concurred.
CHAIR BISHOP noted that he worked very closely with the TANF
Program with the Tana Chiefs Conference in Fairbanks.
4:03:21 PM
CHAIR BISHOP held SB 121 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSSB 121 ver. M.pdf |
SCRA 2/4/2020 3:45:00 PM |
SB 121 |
| SB121 Sponsor Statement ver. M.pdf |
SCRA 2/4/2020 3:45:00 PM |
SB 121 |
| SB121 Langauge Repealed 1-31-2020.pdf |
SCRA 2/4/2020 3:45:00 PM |
SB 121 |
| SB121 Resolutions and Letters- Member Orgainzations- 2-4-2020.pdf |
SCRA 2/4/2020 3:45:00 PM |
SB 121 |
| US Census Bureau Presentation.pdf |
SCRA 2/4/2020 3:45:00 PM |
Census 2020 |
| Alaska Counts - Senate CRA Hearing 2-4-20.pdf |
SCRA 2/4/2020 3:45:00 PM |
Census 2020 |