01/26/2005 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB14 | |
| SB51 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 14 | TELECONFERENCED | |
| *+ | SB 51 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
January 26, 2005
1:34 p.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Bert Stedman
Senator Thomas Wagoner
Senator Johnny Ellis
Senator Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 14
"An Act relating to municipal initiative and referendum
elections."
HEARD AND HELD
SENATE BILL NO. 51
"An Act relating to contracts for the provision of state public
assistance to certain recipients in the state; providing for
regional public assistance plans and programs in the state;
relating to grants for Alaska Native family assistance programs;
relating to assignment of child support by Alaska Native family
assistance recipients; relating to paternity determinations and
genetic testing involving recipients of assistance under Alaska
Native family assistance programs; and providing for an
effective date."
MOVED SB 51 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 14
SHORT TITLE: MUNICIPAL ELECTIONS
SPONSOR(s): SENATOR(s) STEVENS G
01/11/05 (S) PREFILE RELEASED 12/30/04
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) CRA
01/26/05 (S) CRA AT 1:30 PM FAHRENKAMP 203
BILL: SB 51
SHORT TITLE: PUBLIC ASSISTANCE PROGRAMS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/12/05 (S) READ THE FIRST TIME - REFERRALS
01/12/05 (S) CRA, HES, FIN
01/26/05 (S) CRA AT 1:30 PM FAHRENKAMP 203
WITNESS REGISTER
Linda Murphy, Clerk
Kenai Peninsula Borough
144 North Binkley Street
Soldotna, AK 99669
POSITION STATEMENT: Supports SB 14
Mona Lisa Drexler, Clerk
Fairbanks North Star Borough
PO Box 71267
Fairbanks, Alaska 99707
POSITION STATEMENT: Supports SB 14
Laurie Sica, Clerk
City and Borough of Juneau
155 So. Seward Street
Juneau, AK 99801
POSITION STATEMENT: Supports SB 14
Katherine Farnham, Director
Health & Social Services
Division of Public Assistance
360 C Street, Ste 814
Anchorage, AK
POSITION STATEMENT: Introduced SB 51
ACTION NARRATIVE
CHAIR GARY STEVENS called the Senate Community and Regional
Affairs Standing Committee meeting to order at 1:34 pm. Present
were Senators Kookesh, Ellis, Wagoner, Stedman and Chair Gary
Stevens.
SB 14-MUNICIPAL ELECTIONS
1:35:34 PM
CHAIR GARY STEVENS announced the first order of business to be
SB 14, which is a bill that he introduced last year, but that
didn't make it through the process after it was amended. Several
boroughs have requested the legislation, which is intended to
help local governments avoid costly special initiative and
referendum elections because these types of elections are
expensive and tend to have low voter turnout. SB 14 gives
communities the option of waiting until the next regular
election or proceeding with a special election if they choose to
do so.
1:36:58 PM
SB 14 doesn't apply to home rule municipalities and the Alaska
Municipal League, Fairbanks North Star Borough, Kenai Peninsula
Borough, Mat-Su Borough, Ketchikan Gateway Borough, the City of
Juneau and several other communities have expressed support for
the bill.
CHAIR GARY STEVENS noted that Mrs. Murphy from Kenai was largely
responsible for the bill.
MRS. LINDA MURPHY, Kenai Peninsula Borough clerk, thanked
Senator Gary Stevens for introducing the bill and said that the
chair had given a good explanation of the bill. She emphasized
that special elections can be very expensive to a community.
Because they aren't budgeted items, each time there is a special
election, a supplemental appropriation is necessary.
She urged members to move the bill and remarked that she was
hopeful it wouldn't get held up with unrelated amendments as
happened last year.
MONA LISA DREXLER, Fairbanks North Star Borough clerk, spoke
with the approval of her assembly in support of SB 14 stating
that it's a priority for her borough. She reported that in
Alaska there are about 140 municipalities that must follow Title
29 on special elections. About 21 municipalities are home rule
communities and the bill would not affect them.
1:39:58 PM
In closing she said, "But whether you're a municipality that has
a population base of 340 people, such as Elum, or 86,500, such
as the Fairbanks North Star Borough, a special election is
costly, timely and traditionally the turnout is very low."
LAURIE SICA, City and Borough of Juneau (CBJ) clerk, stated that
Juneau is a home rule municipality so they follow their own
rules for elections.
1:41:09 PM
She reported that the mayor was not interested in changing the
CBJ code unless this change is made at the state level, but she
would very much like SB 14 to pass because in the last two years
CBJ had two special elections and each cost about $35,000.
Although she didn't believe the assembly would have put the
issues on a regular ballot because they were timely, she
anticipates another issue for special election in 2005 that is
not timely.
1:42:12 PM
CHAIR GARY STEVENS said the only criticism he's heard on the
bill is some saying that it takes power out of the peoples'
hands. However, the local borough assembly or council can decide
whether the issue is timely enough to hold a special election.
If not, they would have the option of waiting until the regular
election. He asked whether she thought that was agreeable.
MS. SICA replied it does make it a more political decision at
the assembly, but they certainly weigh the timeliness of issues
and they are elected to serve the public.
SENATOR JOHNNY ELLIS noted that he is new to the committee and
was unfamiliar with the issues that came up last year that
caused the bill to fail.
SENATOR GARY STEVENS said an amendment was made that brought in
the Anchorage elections, which resulted in the bill being
sidetracked. "Other than that, I think the bill would have moved
right on through without any problem," he said.
SENATOR ELLIS said he remembers the blowup
SENATOR THOMAS WAGONER announced that he might amend the bill.
He explained that he likes the fact that Washington State
requires a 60 percent voter turnout for special elections or the
election isn't certified. This forces issues to be carried over
to a regular election whenever possible so that a majority of
the people decide on the issue. As a result, there are very few
special elections that promote special interest issues.
He said he would look into the matter further.
1:45:14 PM
SENATOR GARY STEVENS agreed that special elections frequently
have a smaller turnout than regular elections. He said that
working for increased voter turnout is part of the rationale
behind SB 14.
1:46:14 PM
SENATOR GARY STEVENS asked whether there were further comments,
questions or concerns. He said the motion before the committee
was to approve, with the attached fiscal note, and asked if
there was objection.
SENATOR ELLIS asked whether it was a motion to move the bill
from committee with individual recommendations.
SENATOR GARY STEVENS asked Senator Wagoner to restate his
motion.
SENATOR WAGONER motioned to move SB 14 from committee with
individual recommendations and attached zero fiscal note.
SENATOR ELLIS asked if an amendment might be offered at another
stage of the process.
SENATOR WAGONER said yes, he'd have to study the matter further
and talk with legislative legal to determine whether there was a
constitutional question.
SENATOR ELLIS asked if this might not be the appropriate
committee to consider the amendment particularly since this is
the only committee of referral.
SENATOR GARY STEVENS agreed that this was the only committee
that would hear the bill.
SENATOR WAGONER said he could amend the bill on the floor and
assured members that he wouldn't ambush the chair or the
committee.
SENATOR ELLIS pointed out that although he wouldn't intend to do
so, committee work conducted on the floor could be problematic.
SENATOR WAGONER said it's up to the chair.
SENATOR ELLIS asked how quickly he could prepare the amendment.
SENATOR WAGONER said he'd have his staff contact Tam Cook in
legislative legal to discuss the possibilities.
SENATOR ELLIS stated that if there were another committee of
referral it would be reasonable to move the bill since the bill
presented no problems in the original form. He assured members
that he had no reason to block the bill, but he thought the CRA
Committee should consider the amendment if it could be done
expeditiously.
SENATOR GARY STEVENS said he understood, but he wasn't sure the
suggested amendment would fit within SB 14.
1:48:26 PM
SENATOR WAGONER said people that run municipal governments
frequently have an agenda to bring up special elections and this
wouldn't keep them from using that authority to further their
agenda. The taxpayers would lose and his amendment would address
that.
SENATOR GARY STEVENS said he was willing to hold the bill.
SENATOR WAGONER said that was agreeable.
SENATOR ELLIS thanked the chair and said this was the only
committee that the public could weigh in on the idea and that
was all he asked.
SENATOR GARY STEVENS announced he would hold SB 14 in committee.
1:50:03 PM
SB 51-PUBLIC ASSISTANCE PROGRAMS
SENATOR GARY STEVENS announced SB 51 to be before the committee
and asked Ms Farnham to introduce herself.
KATHERINE FARNAM, director of the Division of Public Assistance,
said she would give background for the Temporary Assistance for
Needy Families Program to frame the Native Family Assistance
Program.
In 1996 the State of Alaska began to rework welfare reform
through a state block grant that helped families work toward
self-sufficiency. She pointed to a chart illustrating that
Alaska has reduced the number of families on temporary
assistance by 58 percent. At the high point, there were 13,000
families on temporary assistance and in October 2004 there were
just 5,500. This success is attributable to the flexibility
provided by the block grant program and the emphasis on welfare
to work. The program also instituted a five year lifetime limit
for welfare benefits.
1:51:48 PM
MS. FARNAM said the effort to help families move to employment
and self-sufficiency has certainly been successful and when FY
04 is compared to FY 97, it shows that $66 million in cash
benefits have been saved.
She pointed out that their Native partnerships have contributed
to the success of their program. When the 1996 federal
legislation enabled the state's block grant, it instituted the
ability for tribal organizations to offer temporary assistance
programs directly.
1:52:26 PM
In the federal law, 12 regional Native non-profits plus
Metlakatla were identified as able to run their own temporary
assistance program. There are state matching funds for the
program and the maintenance of effort associated with temporary
assistance federal monies is at nearly an 80 percent level.
Because of the success in employment and work participation, it
will be at the 75 percent level in years to come, she said.
MS. FARNAM continued to explain that to operate a tribal program
at a level that is comparable to a state run program, some state
funds are required to go with the federal grant that they would
get directly on an approved program. To authorize the state
funds, the Legislature in 2000 introduced the Native Family
Assistance Program, which is the program under discussion in SB
51.
In Alaska, Tlingit Haida Central Council, Tanana Chiefs
Conference, and the Association of Village Council Presidents
have been running a tribal TANF program since 2000. Those three
non-profits serve 20 percent of the Alaska Natives on temporary
assistance in the state.
Because it was a new way of serving families, legislators
elected to set it up as a time limited program that sunsets June
30, 2005. It also identified four tribal organizations that were
eligible instead of the 13 designated in the federal law. Those
are the three mentioned previously and Metlakatla. Three of the
four non-profits have been running very successful programs that
outperform what the state could have done in those same years.
This is due to familiarity of the culture, the families and the
economic needs in the region.
MS. FARNAM pointed to the legislatively required report that
provides information on how the organizations achieved their
gains, how they built their programs and the advantages of
integrating those services with others that are provided.
1:56:34 PM
Nationally, 37 tribes have started tribal TANF programs that
help about 8400 families. The three Native non-profits have been
serving about 1,000 families in Alaska and receive about $8.7
million from the Native Family Assistance Program each year.
This is in support of the federal money to give them fair and
equitable resources to continue running their program rather
than continuing a state program.
Currently there are three other Native non-profits that are
working to set up their own tribal TANF programs. Without
extending the sunset date and reauthorizing the program, they
wouldn't be able to develop programs and receive state funds.
The three additional Native non-profits are the Cook Inlet
Tribal Corporation, the Bristol Bay Native Association and
Maniilaq Association.
1:57:59 PM
MS. FARNAM recommended making the program permanent and
expanding it to match the organizations that the federal
government authorizes for tribal TANF.
She noted that the fiscal note is based on the fiscal changes
associated with including Cook Inlet Native Association (CINA).
Instead of receiving federal money for the Cook Inlet families,
that federal money would go directly to CINA. Money would be
taken out of general fund expenditures that currently go into
Alaska Temporary Assistance Program and place it in the Native
Family Assistance Program.
1:58:56 PM
This reduces the federal block fund by the amount that Cook
Inlet would receive directly, which reduces the maintenance of
effort limit so there would be an associated net general fund
savings.
1:59:29 PM
SENATOR GARY STEVENS recapped saying the service goes to the
people wherever they are. If they were living in Anchorage they
would be served as fairly as if they lived in Cook Inlet (CIRI).
MS. FARNAM said yes, their policy has been that their services
have been for all Natives in the area not just corporate
shareholders.
SENATOR THOMAS WAGONER remarked that it looks to be an excellent
program. He questioned whether there is overlap between her
agency and tribes that are working with the families.
MS. FARNAM said that in very rural areas with a predominantly
Native population her agency elected to contract with the
Association of Village Council Presidents (AVCP) to serve all
regional residents to avoid duplication of services. She said
they would likely continue to do that in regions such as Bristol
Bay.
In some of the more populated areas such as Cook Inlet or in
Southeast, they collaborate closely with the regional non-profit
partners. Tribal organizations are often better able to
integrate services than the state.
2:01:39 PM
SENATOR WAGONER said, "You avoid turf wars."
MS. FARNAM replied, "We don't turf war."
2:01:51 PM
SENATOR ALBERT KOOKESH asked whether there would be turf wars if
the bill were to die.
MS FARNAM assured him there would be grave difficulties if the
bill didn't pass. It would be particularly difficult for the
three existing programs because they would be entitled to
federal money, but they wouldn't have the $8.7 million in state
money that is necessary to provide a fair program.
SENATOR KOOKESH said his point is that the cost to the state
would rise dramatically if the bill didn't pass. He said he
didn't want everyone to think this would just benefit the Native
community. The state will benefit as much as the Native
community because the Native non-profits are shouldering some of
the load for the state.
MS. FARNAM agreed and said they have not only taken some of the
workload they've done a good job and saved the state money. They
estimate that there's been $33 million in general fund savings
since the first tribal TANF program. She emphasized that there
would be major shifts in service quality if the tribal
organizations continued to serve families without state support.
SENATOR KOOKESH said it works both ways.
MS. FARNAM agreed.
SENATOR GARY STEVENS restated the point saying that state
responsibility would increase dramatically if the tribal
organizations didn't continue the programs.
MS. FARNAM clarified that it would require reassuming the cases
they haven't been managing, which would be a significant effort.
If the block grants were turned down the state would receive the
money, but the state general fund commitment to the programs
would increase.
SENATOR GARY STEVENS thanked Senator Kookesh for bringing up
that point.
SENATOR JOHNNY ELLIS said the bill was great and that when the
Governor puts out the traditional must-have list at the end of
the session she should make sure this was included. It warrants
the attention and support.
MS. FARNAM thanked him for the suggestion and the support.
SENATOR GARY STEVENS called Ms. Merritt Duren.
MOLLY MERRITT DUREN, employment training services director for
Cook Inlet Tribal Council, explained that they are a non-profit
service agency that serves Anchorage and the six CIRI villages.
She said they provide employment training, family substance
abuse, and education services. They've been a vendor for the
state providing welfare to work TANF services for eight years.
2:05:58 PM
They serve all Alaska Natives and American Indians in the region
and they've become the largest village in the state.
2:07:10 PM
The 1994 caseload in the Anchorage area was 1,123 and that
number was used for the original tribal TANF caseload. As of
November 2004 the caseload was 692 while census reports showed
the Native population increased from 12,000 to 46,000 during
that time. This shows a caseload decrease of 62 percent.
She said they have worked in close partnership with the state
and would like legislative support so they could begin being a
tribal TANF provider in July 2005.
2:08:14 PM
To show their ability to become a tribal TANF provider, she
informed members that Cook Inlet Tribal Council provides
accounting services for 39 non-profits in the state through the
Foraker Group, and information technology for five non-profits.
SENATOR WAGONER asked whether there were 46,000 Natives in the
entire region or just Anchorage.
MS. MERRITT-DUREN clarified that it was just Anchorage.
SENATOR WAGONER asked how many Natives live in the region they
serve.
MS. MERRITT-DUREN thought the 1994 figure was right at 1,300.
She added, "We do propose to offer our villages the option of us
becoming a tribal TANF provider for them in years two, three,
four and we get a little experience under our belt."
2:10:17 PM
CHAIR GARY STEVENS asked whether the program also served Native
Americans that came from outside Alaska.
MS. MERRITT-DUREN replied they serve Alaska Natives and American
Indians.
OZZIE SHEAKLEY, Tlingit Haida Central Council representative,
informed members that he was representing his boss, Sharon
Olsen, and the tribe president, Ed Thomas. He pointed out that
Ms. Olsen's testimony was in the report he distributed, but he
wanted members to note the employment figures in particular
because in some communities, the Native unemployment rate
reaches 80 percent.
2:12:29 PM
He thanked the state for complementing the work they have done.
He pointed to a press release stating that the Department of
Labor gave them the highest award for work they've done for
their people.
2:13:24 PM
AMANDA BLACKGOAT, financial systems specialist for Tlingit Haida
TANF program said she has been with the program since inception
in March 2000. They took on their caseload in July 2000.
She noted that the Tlingit Haida TANF program averages over 360
cases per month, which is reduced from the 440 cases they
handled in the beginning. In addition, there are 300 potential
TANF clients that don't use the program for one reason or
another, but they might do so at some point. "The program
benefits the culture here in Southeast and Juneau in that we're
trying to be specific. We're trying to establish a foundation
for our clients. We're trying to be all encompassing in order
for them to be self sufficient," Ms. Blackgoat said.
2:15:45 PM
MR. SHEAKLEY closed saying they support SB 51.
CHAIR GARY STEVENS asked for a motion.
2:16:39 PM
SENATOR ELLIS motioned to move SB 51 from committee with
individual recommendations and four attached fiscal notes. There
being no objection, it was so ordered.
There being no further business to come before the committee,
Chair Gary Stevens adjourned the meeting at 2:17:28 PM
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