02/18/2020 08:00 AM House TRIBAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB221 | |
| Presentation: Alaska Tribal Child Welfare Compact | |
| HB221 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 221 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
February 18, 2020
8:05 a.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Bryce Edgmon, Vice Chair
Representative John Lincoln
Representative Chuck Kopp
Representative Dan Ortiz
Representative Dave Talerico
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 221
"An Act providing for state recognition of federally recognized
tribes; and providing for an effective date."
- MOVED CSHB 221(TRB) OUT OF COMMITTEE
PRESENTATION: ALASKA TRIBAL CHILD WELFARE COMPACT
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 221
SHORT TITLE: STATE RECOGNITION OF TRIBES
SPONSOR(s): REPRESENTATIVE(s) KOPP
01/27/20 (H) READ THE FIRST TIME - REFERRALS
01/27/20 (H) TRB, CRA
02/13/20 (H) TRB AT 8:00 AM CAPITOL 106
02/13/20 (H) Heard & Held
02/13/20 (H) MINUTE(TRB)
02/18/20 (H) TRB AT 8:00 AM DAVIS 106
WITNESS REGISTER
PAULETTE MORENO, Grand President
Alaska Native Sisterhood
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 221.
HEATHER GURKO, Grand President
Alaska Native Brotherhood
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 221.
LIZ MEDICINE CROW
First Alaskans Institute
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 221.
BETTY JO MOORE
Alaska Native Sisterhood
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to HB 221.
NICOLE BORROMEO, Executive Vice President/General Counsel
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 221.
EBON PETER
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 221.
FAYE EWAN
Copper River, Alaska
POSITION STATEMENT: Testified in support of HB 221.
MARY BISHOP
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing of HB 221.
KARLA SHEPARD
Barrow, Alaska
POSITION STATEMENT: Testified in opposition to HB 221.
CHERYL BOWIE
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing of HB 221.
FRANCINE EDDY-JONES, Tribal Family & Youth Services Director
Central Council Tlingit & Haida Indian Tribes of Alaska
("Tlingit & Haida")
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 221.
ROBERTA MOTO
Deering, Alaska
POSITION STATEMENT: Testified in support of HB 221.
BOB SAM
Sitka, Alaska
POSITION STATEMENT: Testified in support of HB 221.
JOEL JACKSON, President
Organized Village of Kake
Kake, Alaska
POSITION STATEMENT: Testified in support of HB 221.
DAWN JACKSON, Executive Director
Organized Village of Kake
Kake, Alaska
POSITION STATEMENT: Testified in support of HB 221.
MIKE JACKSON, Chief Justice and Director of Transportation
Organized Village of Kake
Kake, Alaska
POSITION STATEMENT: Testified in support of HB 221.
CHARLOTTE LARUE
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 221.
NIKKI POLLOCK
Bethel, Alaska
POSITION STATEMENT: Testified in support of HB 221.
MARY ANN MILLS, Council Member
Kenaitze Indian Tribe
Kenai, Alaska
POSITION STATEMENT: Testified in support of HB 221.
BERNADINE ATCHISON, Vice Chair
Kenaitze Indian Tribe
Kenai, Alaska
POSITION STATEMENT: Testified in support of HB 221.
ACTION NARRATIVE
8:05:50 AM
CHAIR TIFFANY ZULKOSKY called the House Special Committee on
Tribal Affairs meeting to order at 8:05 a.m. Representatives
Vance, Edgmon, Lincoln, Ortiz, Kopp, Talerico, and Zulkosky were
present at the call to order.
HB 221-STATE RECOGNITION OF TRIBES
8:06:35 AM
CHAIR ZULKOSKY announced that the first order of business would
be HOUSE BILL NO. 221, "An Act providing for state recognition
of federally recognized tribes; and providing for an effective
date."
8:06:45 AM
CHAIR ZULKOSKY announced there was an amendment to be considered
and that she would entertain a motion to amend HB 221.
8:06:53 AM
REPRESENTATIVE EDGMON moved to adopt [Amendment 1], labeled 31-
LS1321|U.2, Caouette, 2/17/20, which read as follows:
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. The uncodified law of the State of
Alaska is amended by adding a new section to read:
LEGISLATIVE FINDINGS AND INTENT. (a) The history
of tribes in the state predates the United States and
predates territorial claims to land in the state by
both the United States and Imperial Russia. Indigenous
people have inhabited land in the state for multiple
millennia, since time immemorial or before mankind
marked the passage of time.
(b) It is the intent of the legislature to
exercise the legislature's constitutional policy-
making authority and acknowledge through formal
recognition the federally recognized tribes in the
state."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
8:06:58 AM
REPRESENTATIVE ORTIZ objected to the motion, for the purpose of
discussion.
8:07:05 AM
REPRESENTATIVE EDGMON said that the purpose of Amendment 1 was
to add uncodified language into HB 221 to give more context and
definition, and to put into state law recognition that tribes
have been in Alaska and in the U.S. since time immemorial.
Representative Edgmon added that HB 221, of which he is a strong
supporter, would be strengthened with the addition of uncodified
language.
8:07:44 AM
REPRESENTATIVE KOPP said that he was in full support of
Amendment 1 and that it adequately reflected legislative intent.
8:08:01 AM
REPRESENTATIVE ORTIZ withdrew his objection.
8:08:07 AM
CHAIR ZULKOSKY announced that there being no further objection,
Amendment 1 was adopted.
CHAIR ZULKOSKY announced that the committee would return to
public testimony on HB 221 [opened during the prior committee
meeting on 2/13/20].
8:09:14 AM
PAULETTE MORENO, Grand President, Alaska Native Sisterhood,
imparted to the committee that "recognition or what is defined
as recognition changes," but that [Alaska Natives] never stopped
knowing who they were as a people. She added that [Alaska
Natives] have done their part, and have met [the Alaska State
Legislature] more than halfway. Ms. Moreno urged the committee
to support HB 221.
8:12:44 AM
HEATHER GURKO, Grand President, Alaska Native Brotherhood, told
the committee that future generations were watching [to see what
happened with HB 221]. She added that HB 221 would let elders
and future generations alike know that they matter.
8:14:28 AM
LIZ MEDICINE CROW, First Alaskans Institute, began by
acknowledging that HB 221 has come at a "critical time" for
Alaska. She imparted that it is one thing to acknowledge the
past, and another to do something about it. She added her
support for Amendment 1, mentioning that there is no doubt
tribes have been [in Alaska] since time immemorial. What is in
doubt is the willingness and the good faith effort of Alaska to
engage in meaningful government-to-government relationships with
tribal governments in Alaska.
8:19:25 AM
BETTY JO MOORE, Alaska Native Sisterhood, stated that she does
not support HB 221 on the basis of tribes' exemption from Title
VII of the Civil Rights Act [of 1964], which allows horrific and
damaging discrimination to an individual within a tribal
government, Ms. Moore put forth, adding that HB 221 "does not
provide a road map for healing, wholeness and restoration for
all Alaska's people and communities." Tribal governments are
not sovereign, she continued, but dependent on tax dollars and
the U.S. political system. Sovereignty is nation to nation, not
nation to state, she added, so when a tribal government violates
its own constitution, ordinances, policies, and procedures,
claiming that "because of sovereignty they can do whatever they
want," they are wrong. Ms. Moore urged the committee to "go
back" and make amendments and laws to protect all tribal
citizens within government organizations.
8:22:34 AM
NICOLE BORROMEO, Executive Vice President/General Counsel,
Alaska Federation of Natives, pointed out that HB 221 would not
only provide the legal foundation to move forward at the state
level, but would leverage tribal resources. Ms. Borromeo
referenced Ms. Moore's comments and said that she wished to
explain for the record tribal sovereignty/immunity and what
those terms mean to tribes in Alaska and across the U.S. In
exercising their right to be sovereign, she continued, tribes
are asking for self-determination and self-governance. The Bill
of Rights extends to every citizen including tribal citizens,
she continued, so a tribe cannot violate its members' civil
rights that are guaranteed to all Americans under the
Constitution. Because tribes are sovereign, they do get to
determine and define their membership, she added.
8:25:15 AM
EBON PETER said that he believes that HB 221 is "just another
step in the right direction," and that having the respect and
understanding of indigenous nations within Alaska everyone can
work together. He said that he doesn't believe any government
is perfect, but that "we are all on a path toward healing."
8:27:59 AM
FAYE EWAN informed the committee that she is very happy HB 221
is under consideration because [Native Alaskans'] traditional
way of life is being threatened.
8:30:53 AM
MARY BISHOP mentioned a [2017] lawsuit in which the Douglas
Indian Association tried to sue Tlingit & Haida and "learned
from [the Alaska Supreme Court] that they could not do that,"
and that the dispute must instead be settled in tribal court.
Ms. Bishop told the committee that there is a tremendous need
for understanding of "Indian Country" law; what it is and what
it isn't. Sovereignty means that tribes have authority over
their membership and relationships between their members; it
also means they have immunity from [lawsuit] for breach of
contract, Ms. Bishop added. She then stated that what she
thinks tribes could, and must, do, is to do something about
sexual assault and domestic violence between tribal members.
She summarized by adding that tribes should not only recognize
the benefits, but also shoulder the responsibilities of
sovereignty.
8:35:14 AM
KARLA SHEPARD imparted to the committee that she had brain
surgery "for nothing" because of tribal health. Ms. Shepard
surmised that being a corporation shareholder is irrelevant if
one is not a tribal member, and that the majority of Alaskans
did not understand where their rights to medical care came from.
She added that because of "illegal activity being conducted by
tribes" her family members had not been seen by doctors at the
Alaska Tribal Health Consortium. Medical care, according to Ms.
Shepard, is not being given to patients, and the consortium is
to blame for several of her personal health problems including a
brain tumor.
8:37:22 AM
CHERYL BOWIE told the committee that she, too, was "personally
paying the price for physicians' mistakes." Organizations hold
considerable power over communities. Ms. Bowie added that there
is a need for accountability, uniformity, and reciprocity in the
law to establish a uniform set of laws between the tribes and
the state.
8:41:51 AM
The committee took an at-ease from 8:41 a.m. to 8:42 a.m.
8:42:15 AM
CHAIR ZULKOSKY announced that the committee would hold HB 221,
as amended, until the completion of a presentation.
8:42:48 AM
The committee took an at-ease from 8:42 a.m. to 8:44 a.m.
^Presentation: Alaska Tribal Child Welfare Compact
Presentation: Alaska Tribal Child Welfare Compact
8:44:35 AM
CHAIR ZULKOSKY announced that the next order of business would
be a presentation on the Alaska Tribal Child Welfare Compact.
8:44:52 AM
FRANCINE EDDY-JONES, Tribal Family & Youth Services Director,
Central Council Tlingit & Haida Indian Tribes of Alaska
("Tlingit & Haida"), showed an eight-minute video providing
background on the Alaska Tribal Child Welfare Compact ("Child
Welfare Compact").
8:55:10 AM
MS. EDDY-JONES then showed the committee a PowerPoint
presentation, beginning with a slide entitled "Why the Work
Began," which was broken into two sub-categories: "Significant
General Disparities by Race" and "Significant Specific Disparity
by Race (Repeat Maltreatment)." In January 2020, she informed
the committee, there were 3,121 Alaska children in the State
foster care system. Of these, she added, 2,043 were Alaska
Native, to a disproportionality rate of 65 percent. Over the
past several years, she added, the disproportionality rate
continues to rise. In terms of significant specific disparity
by race, in 2018, 17 percent of Alaska Native/American Indian
children experienced repeated maltreatment compared to 9 percent
for non-Native children.
MS. EDDY-JONES added that in addition, Alaska has had a
"continuous, ongoing, difficult" time recruiting and retaining a
proficient workforce, and typically operates at a 30 percent
positional vacancy rate, requiring its frontline workers to
carry caseloads more than three times the national average. She
added that tribes have continuously been providing child welfare
under the Indian Child Welfare Act for 42 years, starting from a
grassroots program to many across the state with different
levels of development providing services from prevention to
intervention. Some tribes have more capacity than others, Ms.
Eddy-Jones continued, but with the Child Welfare Compact in
place work with smaller tribes has also begun.
MS. EDDY-JONES explained the Tribal State Collaboration Group
[slide 3, "How the Work Began"], a 26-year partnership between
state and tribal representatives and invited private
stakeholders, some of the goals of which are to: strengthen
Indian Child Welfare Act compliance; reduce Alaska
Native/American Indian disproportionality; and build and
strengthen working relationships. Ms. Eddy-Jones acknowledged
the importance of 11 tribal partners that have been in a
relationship with Alaska's Office of Children's Services since
2000, two of which, Tanana Chiefs Conference and Tlingit &
Haida, also have a maintenance agreement, which allows the
opportunity to transfer cases from state court to tribal court.
MS. EDDY-JONES noted that tribes do receive a higher
reimbursement rate than the state and can leverage resources,
particularly general funds, under the Tribal Title IV-E
Agreements, which provide federal funds for states and tribes to
provide foster care, transitional independent living programs,
guardianship assistance, and adoption assistance.
8:59:08 AM
MS. BORROMEO took a moment to dispel the notion that Alaska
Native people are forced to go to the Alaska Tribal Health
System (ATHS) for care; but that those with unfortunate
experiences could have gone anywhere they wanted for care.
Turning back to the presentation, Ms. Borromeo mentioned that
that the Child Welfare Compact was still in its early stages of
educating the public of what the compact is [slide 4]. Ms.
Borromeo explained that the Child Welfare Compact is an
intergovernmental agreement between the State of Alaska and
certain Alaska tribes and tribal organizations to improve the
well-being of Alaska children and families [slides 4-5].
MS. BORROMEO added that the child welfare compact was founded in
2017 and was modeled after the compacts the federal government
routinely negotiates with tribes and tribal organizations under
the Tribal Self Governance Program (TSGP) of the Indian Self-
Determination and Education Assistance Act (ISDEAA). Ms.
Borromeo added that what the child welfare compact does
specifically is define the services and supports to be carried
out by the tribal cosigners in their respective service delivery
areas for their respective populations.
9:02:54 AM
MS. BORROMEO called the committee's attention to this first-ever
compact negotiated at the state level. She also mentioned that
there were 18 tribal cosigners representing 161 individual
tribes that signed the Child Welfare Compact [slide 7]. She
discussed the compact's implementation, from program development
and infrastructure building in fiscal year 2018 (FY 18), to the
sharing of protective services reports in FY 19, to implementing
new scopes of work in FY 20.
9:05:15 AM
MS. BORROMEO drew an important distinction between the State's
focus on intervention versus tribes' focus on prevention when it
came to matters of child welfare. A major turning point in FY
19 was a sharp decrease in the number of children in custody.
One of the "new scopes of work" in FY 20 was a "Diligent
Relatives Search" in which a child goes first to his or her
immediate family, then extended family, and then another Native
family before being placed outside of his or her tribal
community [slides 8-9].
9:08:14 AM
MS. EDDY-JONES added that steps 3-5 in slide 9, safety
evaluations of homes, foster home licensing, and family
contact/visits, are "ready to go" but on hold because of the
higher insurance coverage the state is requiring. Ms. Eddy-
Jones informed the committee that one of the strongest
supporters has been the Casey Family Programs (CFP), a private
national foundation that focuses on child welfare and foster
care [slide 10]. The long-term vision of the Child Welfare
Compact, Ms. Eddy-Jones stated, is three-pronged: Alaska
children and families will be served locally, as close to home
as possible; services provided will be more cost effective and
efficient; and children and families will be more receptive to
abusive or neglectful behaviors, which will mean the number of
children in state custody will decrease [slide 11].
MS. EDDY-JONES finished her presentation by stating that in
order to move forward, the Child Welfare Compact will advocate
for Governor Mike Dunleavy to uphold the original 2017 compact,
which was a rigorous negotiation process to which both the state
and tribes committed a lot of time and resources; encourage the
state to come up with a workable solution for the increased
insurance coverage they are requiring of tribal co-signers; and
provide additional financial resources for the Office of
Children's Services to support tribal co-signers doing this work
[slide 12].
9:12:57 AM
REPRESENTATIVE KOPP asked how many children were served through
the Child Welfare Compact.
9:13:14 AM
MS. BORROMEO lamented that because the compact is an
"input/output" model, the state needs to supply the names of
children and families, and that process has been slow.
HB 221-STATE RECOGNITION OF TRIBES
9:15:10 AM
CHAIR ZULKOSKY announced that the final order of business would
be a return to HOUSE BILL NO. 221, "An Act providing for state
recognition of federally recognized tribes; and providing for an
effective date."
CHAIR ZULKOSKY returned to public testimony.
9:15:47 AM
ROBERTA MOTO stated that when communities are empowered and
given the tools to solve problems, results are more sustainable
and create long-term change. She explained that village leaders
used to be the peacekeepers and restore justice in villages, but
through the erosion of tribal powers there has been a rise in
social problems in villages. Tribes should be empowered to
prevent adverse childhood experience and even health problems
such as heart disease, she opined.
9:19:52 AM
BOB SAM, a sixty-six-year resident of Alaska and tribal citizen,
told the committee he believes lives of future generations are
improved when decisions are made together as a people.
9:24:15 AM
JOEL JACKSON, President, Organized Village of Kake, told the
committee that giving up even part of sovereignty "was never an
option." He said that state recognition of tribes would be a
lot better than the current state of discord.
9:27:22 AM
DAWN JACKSON, Executive Director, Organized Village of Kake,
recommended to the committee a uniform set of laws and
procedures be implemented so that daily collaboration between
tribes and local, state, and federal governments can run
smoothly.
9:30:17 AM
MIKE JACKSON, Chief Justice and Director of Transportation,
Organized Village of Kake, echoed Mr. Sam's comments that
through "love, respect, and forgiveness" communities can be made
stronger.
9:34:11 AM
CHARLOTTE LARUE pointed out that there is a discrepancy in the
state's celebration of Native art whilst not giving proper
recognition to the cultures from which that art has come.
9:36:11 AM
NIKKI POLLOCK used the "pie" analogy with regard to tribal
recognition: recognition of tribes by the state does not mean
less rights for the state.
9:39:56 AM
MARY ANN MILLS, Council Member, Kenaitze Indian Tribe, let the
committee know that state recognition would allow for better
care of tribal members within her community.
9:43:52 AM
BERNADINE ATCHISON, Vice Chair, Kenaitze Indian Tribe, let the
committee know that the Kenaitze Indian Tribe turns away funding
they could use because of requests to waive sovereign immunity,
which she feels strongly they should not have to do.
9:45:09 AM
CHAIR ZULKOSKY closed public testimony on HB 221.
9:45:29 AM
REPRESENTATIVE KOPP brought attention to Section 4 of HB 221,
"Recognition of tribes":
The state recognizes the special and unique
relationship that the United States government has
with federally recognized tribes and specifically
recognizes the relationship between the United States
government and federally recognized tribes in the
state.
REPRESENTATIVE KOPP noted again the importance of recognition in
Alaska, with it being home to so many tribes.
9:49:33 AM
REPRESENTATIVE TALERICO said that he understands the "need and
desire folks have," but believes there will still exist some
"jurisdictional questions." He added that he believes through
the Child Welfare Compact, Alaska has started down a "pathway
for some good cooperation."
9:51:09 AM
REPRESENTATIVE VANCE asked what, if anything, HB 221 would do in
terms of sovereign immunity.
9:52:39 AM
CHAIR ZULKOSKY stated that she would like concerns around trust
obligations and jurisdictional issues to be addressed, and she
believes HB 221 is a step in the right direction. She reminded
the committee of an invited testifier who had replied to a
question of what was needed in terms of mutual respect moving
forward: visibility and acknowledgement.
9:56:19 AM
REPRESENTATIVE EDGMON moved to report HB 221, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 221(TRB) was
reported out of the House Special Committee on Tribal Affairs.
9:56:57 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
9:57 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 221 Fiscal Note 2.8.2020.pdf |
HTRB 2/18/2020 8:00:00 AM |
HB 221 |
| HB 221 Statement Letter from ANB and ANS.pdf |
HTRB 2/18/2020 8:00:00 AM |
HB 221 |
| HB0221A.PDF |
HTRB 2/18/2020 8:00:00 AM |
HB 221 |
| HB221 Sponsor Statement 2.4.2020.pdf |
HTRB 2/18/2020 8:00:00 AM |
HB 221 |
| Link to State Compacting Video FEJ.pdf |
HTRB 2/18/2020 8:00:00 AM |
|
| Tribal Child Welfare Compact Presentation.pdf |
HTRB 2/18/2020 8:00:00 AM |
|
| TSCG Overview Accomplishments Efforts November 2016.pdf |
HTRB 2/18/2020 8:00:00 AM |
|
| Public Testimony received 2-18.pdf |
HTRB 2/18/2020 8:00:00 AM |