SB 293: "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 tribal family assistance programs; and providing for an effective date."
00SENATE BILL NO. 293 01 "An Act relating to contracts for the provision of state public assistance to 02 certain recipients in the state; providing for regional public assistance plans and 03 programs in the state; relating to grants for Alaska tribal family assistance 04 programs; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 07 (1) self-sufficiency for Alaska families is a statewide goal and that achieving 08 self-sufficiency is greatly influenced by local conditions, particularly in rural Alaska with its 09 unique mix of subsistence and cash economies; 10 (2) self-sufficiency efforts are more likely to succeed when local communities 11 in a region of Alaska take responsibility for reducing dependence and when those efforts 12 accurately reflect the social and economic conditions of the region of Alaska; 13 (3) new federal welfare reform law offers Alaska Native non-profit 14 organizations the opportunity to assume responsibility for providing public assistance and self-
01 sufficiency services throughout Alaska; and 02 (4) it is in the best interests of the state to promote regional responsibility for 03 the design of the state public assistance program and self-sufficiency services. 04 (b) It is the intent of the legislature to provide certain appropriations that would 05 otherwise be used to provide assistance and self-sufficiency services to the recipients living 06 in a public assistance region through an Alaska tribal family assistance grant to the Alaska 07 Native non-profit organizations that are assuming the responsibility for providing the 08 assistance and those services in that region of Alaska. It is further the intent of the legislature 09 that state public assistance plans may be approved on a regional basis in appropriate 10 circumstances and, if approved, may be administered uniformly in the region for all recipients 11 in order to achieve the maximum cost efficiencies and benefits of a regionally designed 12 program. 13 * Sec. 2. AS 36.30.850(b) is amended by adding a new paragraph to read: 14 (38) contracts awarded under AS 47.27.072 for state public assistance 15 provided under a regional public assistance plan. 16 * Sec. 3. AS 47.27.005 is amended to read: 17 Sec. 47.27.005. Duties of the department. The department shall 18 (1) administer the Alaska temporary assistance program by providing 19 assistance with basic living expenses and self-sufficiency services to needy children 20 and their families under this chapter and, if appropriate, by establishing regional 21 public assistance programs to provide effectively for varying economic conditions 22 in regions of the state designated by the department ; 23 (2) establish, by regulation, program standards that will provide 24 incentives to work, incentives for financial planning, and opportunities to develop 25 self-sufficiency while providing assistance with basic living expenses; 26 (3) prepare, submit to the federal government, and amend, if necessary, 27 a state plan designed to assure that federal money is available to the state for the 28 operation of the program set out in this chapter to provide assistance for basic living 29 expenses and self-sufficiency services to needy children and their families consistent 30 with the state objectives identified in (2) of this section; 31 (4) adopt methods of program administration to ensure consistency with
01 the federal requirements under any successor federal program that replaces the aid to 02 families with dependent children program; 03 (5) make reports to the federal government as required under any 04 successor federal program that replaces the aid to families with dependent children 05 program, in the form and containing the information required, and comply with the 06 provisions that the federal government determines are necessary to ensure correct and 07 verifiable information on the program; 08 (6) provide to the legislature an annual executive summary of the 09 information required to be reported to the federal government under (5) of this section; 10 (7) conduct studies and research in order to evaluate and monitor the 11 effectiveness of the state program; and 12 (8) adopt regulations and take action to implement, interpret, and 13 administer the provisions of this chapter. 14 * Sec. 4. AS 47.27.005 is amended by adding a new subsection to read: 15 (b) The department may adopt program standards that vary by region in the 16 state to implement its duties under (a) of this section. The program standards need not 17 contain all of the requirements of this chapter so long as they meet the standards set 18 out in AS 47.27.072 and comply with the program elements set out in AS 47.27.071. 19 * Sec. 5. AS 47.27 is amended by adding new sections to read: 20 Sec. 47.27.071. Alaska tribal family assistance grants. (a) Notwithstanding 21 any contrary provisions of this chapter and in addition to grants awarded under 22 AS 47.27.050, the department may award and administer Alaska tribal family 23 assistance grants in accordance with this section to Alaska Native organizations that 24 meet the requirements of AS 47.27.070. Only organizations that received approval for, 25 and have agreed to operate, a federally approved tribal family assistance plan in this 26 state are eligible to receive a grant under this section. An organization that receives 27 a grant under this section must operate the plan approved under this section on a state 28 fiscal year basis. 29 (b) If an organization intends to apply for a grant under this section, the 30 organization first must submit to the department a letter of intent along with a copy 31 of the proposed federal tribal family assistance plan that will be submitted to the
01 federal government for approval. The organization must make its submission to the 02 department at least eight months before the proposed effective date of the federal tribal 03 family assistance plan. The department shall review the submission and notify the 04 organization of any significant deficiencies that would make the organization ineligible 05 to be considered for an Alaska tribal family assistance grant even if federal approval 06 is received without significant changes to the federal tribal family assistance plan and 07 federal grant money is awarded for implementation of that plan. The organization may 08 make a supplemental submission to the department to resolve any deficiencies noted 09 by the department. If, after departmental review and any supplemental revision, an 10 organization's plan remains eligible for consideration for a grant award under this 11 section, the department shall notify the organization that the organization may submit 12 a proposal for a grant award after the organization has received notice of federal 13 approval of the federal tribal family assistance plan and the pending award of federal 14 grant money. The commissioner may waive the time deadline specified in this 15 subsection if the commissioner 16 (1) enters into a joint planning agreement between the department and 17 the organization; or 18 (2) finds good cause and the waiver is in the state's best interest. 19 (c) If the department awards a grant under this section, the grant shall be in 20 an amount that 21 (1) for the first fiscal year under the plan accepted by the department, 22 represents a fair and equitable portion of the state appropriations for the state public 23 assistance program administered under this chapter, intended to serve the state 24 residents who will be served by the plan; and 25 (2) for the second and following state fiscal years under the plan 26 accepted by the department, represents a fair and equitable portion of state 27 appropriations made for public assistance programs that is allocated for Alaska tribal 28 family assistance grants to be awarded under this section in order to serve the state 29 residents who will be served by the plan; if the money is not allocated for these grants, 30 the amounts shall be made in the same manner as described in (1) of this subsection. 31 (d) For an organization to be eligible to be awarded a grant under this section,
01 the organization's proposal must include 02 (1) documentation that the organization 03 (A) has received federal approval of its federal tribal family 04 assistance plan to operate a tribal assistance program in this state; and 05 (B) will receive a grant directly from the federal government to 06 implement the federal tribal family assistance plan; 07 (2) a plan for operation of the Alaska tribal family assistance grant that 08 meets the requirements of (e) of this section; and 09 (3) if the commissioner determines that a federally approved tribal 10 family assistance plan would be a cost-effective and efficient means of administering 11 the program established in this chapter in that region of the state and the needs of state 12 public assistance recipients receiving assistance under this chapter can be met through 13 a contract awarded under AS 47.27.072, the organization's agreement to enter into a 14 contract with the department to provide state public assistance to those eligible state 15 residents in the region who are not included in the population to be served by the 16 federally approved tribal family assistance plan. 17 (e) An organization's plan for operation of the Alaska tribal family assistance 18 grant must 19 (1) be designed to facilitate self-sufficiency of assistance recipients 20 within the region specified in the federally approved tribal family assistance plan by 21 addressing the conditions specific to the region of the state; 22 (2) provide for a reasonable pattern of service delivery from all 23 providers serving the region of the state; 24 (3) serve a specified region that consists of a geographically cohesive 25 group of communities that share similar interests, resources, and traditions; and 26 (4) provide for administration of the grant money received under this 27 section to establish a program in accordance with the plan accepted by the department 28 and in compliance with other requirements of this section; the program must include 29 the following standards for providing assistance to eligible families: 30 (A) only families with at least one dependent child or a woman 31 in the last trimester of pregnancy are eligible for assistance paid from Alaska
01 tribal family assistance grant money; 02 (B) amounts for assistance provided from Alaska tribal family 03 assistance grant money to eligible families may not exceed the amounts 04 specified under AS 47.27.025(b), when combined with assistance provided 05 under the federally approved tribal family assistance grant; 06 (C) to remain eligible for assistance paid from the Alaska tribal 07 family assistance grant money, any minor parent of a dependent child must 08 meet the requirements of AS 47.27.027; 09 (D) families receiving assistance paid from Alaska tribal family 10 assistance grant money must comply with the provisions of AS 47.27.035(a) 11 regarding participation in work activities; 12 (E) families receiving assistance paid from Alaska tribal family 13 assistance grant money must comply with the provisions of AS 47.27.040 14 regarding assignment of support rights and cooperation with the child support 15 enforcement agency of the Department of Revenue; 16 (F) the organization has an impartial appeals process to allow 17 for affected families in the region of the state covered by the plan accepted by 18 the department to have a fair hearing. 19 (f) The department may award a grant under this section only if the department 20 determines that the proposal, including a plan for operation of the grant, meets the 21 criteria specified in (d) and (e) of this section and the department determines that an 22 award of the grant to the organization would be in the public interest. The department 23 may not distribute grant money until a grant agreement between the organization and 24 the department is executed that meets the requirements of this section. 25 (g) Records pertaining to recipients of assistance from an Alaska tribal family 26 assistance grant awarded under this section are confidential public assistance records 27 under AS 47.05.020 and the regulations adopted under it. Use and misuse of these 28 records are subject to the provisions of AS 47.05.030. It is an official purpose under 29 AS 47.05.020 for an organization receiving a grant under this section and the 30 department or another agency of the state to exchange information concerning 31 recipients of assistance under this section so long as the information requested is for
01 purposes directly connected with the administration of a grant under this section. 02 (h) An organization receiving a grant under this section shall provide to the 03 department a copy of its quarterly report made under 42 U.S.C. 611. The organization 04 shall have its financial records audited annually by a certified public accountant 05 authorized to practice in this state under AS 08.04. The department may prescribe the 06 form and specify the information required to document compliance with this section. 07 (i) If an organization wishes to terminate its program before the end of the 08 time period for which the grant was awarded under this section, the organization must 09 obtain the consent of the department or provide notice to the department six months 10 before the anticipated date of termination. At the end of a grant agreement or by early 11 termination under this section, the organization shall provide an inventory of property 12 valued at $1,000 or over and purchased, in whole or in part, with grant money awarded 13 under this section. The department shall notify the organization of the required 14 disposition of the property listed on the inventory. 15 (j) If the department awards a grant under this section, a person applying for 16 assistance under this chapter who is covered by the federally approved tribal family 17 assistance plan in the region of the state may obtain assistance from the department 18 only through the organization designated by the department to serve the region. A 19 person aggrieved by a decision made by an organization under a grant awarded under 20 this section may use the appeal procedure specified in AS 47.27.072(e). 21 Sec. 47.27.072. Regional public assistance plans, programs, and contracts. 22 (a) Notwithstanding any contrary provisions of this chapter, the department may 23 develop a regional public assistance plan and implement a regional program for the 24 administration of this chapter in order to provide state public assistance in a uniform 25 and cost-effective manner in a region of this state. The department may develop a 26 regional public assistance plan only if an Alaska Native organization is authorized to 27 implement a federally approved tribal family assistance plan in the region and has been 28 awarded an Alaska tribal family assistance grant for a program in that region for the 29 applicable fiscal year under AS 47.27.071. The regional public assistance plan under 30 this section must be designed to serve eligible state residents in the region who are not 31 covered by a federally approved tribal family assistance program in that region.
01 (b) The department may award contracts to implement this section. A contract 02 authorized for delivery of state public assistance under a regional public assistance plan 03 under this section is exempt from the competitive bid requirements of AS 36.30 (State 04 Procurement Code). Subject to appropriation, a contract under this section must be in 05 an amount that represents a fair and equitable share of the money appropriated to serve 06 the state residents specified in (a) of this section. This section provides additional 07 authority to contract to that available under AS 47.05.015 or other law. 08 (c) The department may award a contract under this section only to an 09 organization that 10 (1) has been awarded an Alaska tribal family assistance grant for a 11 program in that region under AS 47.27.071; 12 (2) agrees to administer state public assistance under this chapter to 13 other state residents in the region who are not served by the Alaska tribal family 14 assistance grant awarded under AS 47.27.071; 15 (3) agrees to provide state public assistance identical to that provided 16 under the federally approved tribal family assistance plan for which Alaska tribal 17 family assistance grant money has been awarded under AS 47.27.071; and 18 (4) agrees to implement an appeals process as described in (e) of this 19 section. 20 (d) Records pertaining to recipients of state public assistance under a contract 21 awarded under this section have the same confidential protections as are provided to 22 recipients of assistance from Alaska tribal family assistance grants under 23 AS 47.27.071. 24 (e) An organization that receives a contract under this section shall provide an 25 appeals process to applicants for or recipients of state public assistance covered by the 26 contract awarded under this section. The appeals process must be the same method 27 available under the federally approved tribal family assistance plan, except that the 28 decision reached will be considered as a recommended decision to the department. 29 Within 30 days after receiving a recommended decision the department shall review 30 the recommended decision and issue a decision accepting or rejecting the 31 recommended decision. If the department rejects the recommended decision, the
01 department shall independently review the record and issue its final decision. The 02 final decision of the department on the matter is appealable to the court of this state. 03 (f) If the department establishes a regional public assistance plan and awards 04 a contract to provide state public assistance under this section, a person applying for 05 state public assistance under this chapter in the region of the state covered by the 06 regional public assistance plan may obtain state public assistance from the department 07 only through the organization designated by the department to serve the region. 08 * Sec. 6. AS 47.27.900 is amended by adding a new paragraph to read: 09 (10) "federally approved tribal family assistance plan" means a plan 10 that meets the requirements of 42 U.S.C. 612 and has been approved for financing 11 through a tribal family assistance grant directly from the United States Department of 12 Health and Human Services. 13 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).