CSHB 98(HES) AM: "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; to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date."
00CS FOR HOUSE BILL NO. 98(HES) am 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 Native family assistance 04 programs; relating to assignment of child support by Alaska Native family 05 assistance recipients; to paternity determinations and genetic testing involving 06 recipients of assistance under Alaska Native family assistance programs; and 07 providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 10 section to read: 11 FINDINGS AND INTENT. (a) The legislature finds that 12 (1) self-sufficiency for Alaska families is a statewide goal and that achieving 13 self-sufficiency is greatly influenced by local conditions, particularly in rural Alaska with its 14 unique mix of subsistence and cash economies;
01 (2) self-sufficiency efforts are more likely to succeed when local communities 02 in a region of Alaska take responsibility for reducing dependence and when those efforts 03 accurately reflect the varying conditions of that region; 04 (3) new federal welfare reform law offers Alaska Native nonprofit 05 organizations the opportunity to assume responsibility for providing public assistance and self- 06 sufficiency services throughout the state; and 07 (4) it is in the best interests of the state to promote regional responsibility for 08 the design of the state public assistance program and self-sufficiency services. 09 (b) It is the intent of the legislature 10 (1) to provide certain appropriations that would otherwise be used to provide 11 assistance and self-sufficiency services to the recipients living in a public assistance region 12 through an Alaska Native family assistance grant to the Alaska Native nonprofit organizations 13 that are assuming the responsibility for providing assistance and services in that region; (2) that state public 14 assistance plans may be approved on a regional basis in 15 appropriate circumstances and, if approved, may be administered uniformly in the region for 16 all recipients in order to achieve the maximum cost efficiencies and benefits of a regionally 17 designed program. 18 * Sec. 2. AS 25.27.045 is amended to read: 19 Sec. 25.27.045. Determination of support obligation. The agency may 20 appear in an action seeking an award of support on behalf of a child owed a duty of 21 support, or to enforce a spousal support order if a spousal support obligation has been 22 established and if a support obligation, established with respect to a child of that 23 spouse, is also being administered, and may also appear in an action seeking 24 modification of a support order, decree , or judgment already entered. Action under 25 this section may be undertaken upon application of an obligee, or at the agency's own 26 discretion if the obligor is liable to the state or an Alaska Native family assistance 27 program under AS 25.27.120(a) or (b). 28 * Sec. 3. AS 25.27.062(l) is amended to read: 29 (l) Unless modified or terminated by the agency or the court, an order to 30 withhold income under this chapter remains in effect, except as provided in (k) of this 31 section, until the support order is satisfied. The agency or court may not terminate or
01 modify an income withholding order solely on the ground that the obligor has paid all 02 arrearage. Upon satisfaction of a support order, if the order is 03 (1) being enforced by the agency, the agency shall, within 15 working 04 days, notify all persons served by the agency with the income withholding order that 05 withholding is no longer required; if the agency receives money from an obligor under 06 an income withholding order after the underlying support order has been satisfied and 07 the agency was enforcing the support order at the time it became satisfied, the agency 08 shall immediately return the overpayment to the obligor; if the agency fails to return 09 an overpayment as required under this paragraph, the state is liable to the obligor for 10 the amount of the overpayment, plus interest at the rate imposed under AS 43.05.225, 11 and a person or an Alaska Native family assistance program to whom the agency 12 erroneously disbursed the overpayment is liable to the state for the amount disbursed, 13 plus interest at the rate imposed under AS 43.05.225; 14 (2) not being enforced by the agency, the obligor shall file a motion 15 in court requesting termination of the withholding order and serve the motion on the 16 obligee; the court shall enter an order terminating the withholding order if the court 17 determines that the support order has been satisfied; the obligor may deliver a copy 18 of the termination order to persons who were served with the income withholding 19 order; when a termination order is entered, the obligee shall, upon request of the 20 obligor, notify the obligor of all persons who have been served with the income 21 withholding order by the obligee. 22 * Sec. 4. AS 25.27.065(b) is amended to read: 23 (b) When the right to receive child support has been assigned to a 24 governmental entity or an Alaska Native family assistance program , an agreement 25 under (a) of this section that has not been adopted as an administrative order of the 26 agency is not effective during a period when the obligee is receiving assistance under 27 AS 47.27 or from an Alaska Native family assistance program . 28 * Sec. 5. AS 25.27.080(b) is amended to read: 29 (b) The agency on behalf of the custodian , [OR] the state , or an Alaska 30 Native family assistance program shall take all necessary action permitted by law to 31 enforce child support orders so entered, including petitioning the court for orders to
01 aid in the enforcement of child support. 02 * Sec. 6. AS 25.27.120(a) is amended to read: 03 (a) An obligor is liable to the state in the amount of assistance granted under 04 AS 47.07 and AS 47.27 , or to an Alaska Native family assistance program in the 05 amount of the family assistance provided by the program, to a child to whom the 06 obligor owes a duty of support except that, if a support order has been entered, the 07 liability of the obligor for assistance granted under AS 47.27 or provided by an 08 Alaska Native family assistance program may not exceed the amount of support 09 provided for in the support order, and, if a medical order of support has been entered, 10 the liability of the obligor for assistance granted under AS 47.07 may not exceed the 11 amount of support provided for in the medical order of support. 12 * Sec. 7. AS 25.27.120(c) is amended to read: 13 (c) Within 30 days after the agency knows the identity and address of an 14 obligor who resides in the state and who is liable to the state or an Alaska Native 15 family assistance program under this section, the agency shall send written 16 notification by certified mail to the obligor and the obligee of the obligor's accruing 17 liability and that the obligor shall make child support payments to the agency. The 18 notice required under this subsection must be in clear, concise, and easily readable 19 language. The notice may accompany other communications by the agency. 20 * Sec. 8. AS 25.27.120(d) is amended to read: 21 (d) If the agency fails to comply with (c) of this section, interest does not 22 accrue on the liability to the state or an Alaska Native family assistance program 23 unless a support order or medical support order, as applicable, has been entered. 24 * Sec. 9. AS 25.27.130(a) is amended to read: 25 (a) If the obligor is liable to the state or an Alaska Native family assistance 26 program under AS 25.27.120(a) or (b), the state is subrogated to the rights of the 27 obligee to 28 (1) bring an action in the superior court seeking an order of support; 29 (2) proceed under AS 25.27.160 - 25.27.270 to establish a duty of 30 support; or 31 (3) enforce by execution, in accordance with AS 25.27.230 - 25.27.270,
01 or otherwise, a support order entered in favor of the obligee. 02 * Sec. 10. AS 25.27.130(c) is amended to read: 03 (c) The recovery of any amount for which the obligor is liable that exceeds the 04 total assistance granted under AS 47.07 and AS 47.27 or under an Alaska Native 05 family assistance program shall be paid to the obligee. 06 * Sec. 11. AS 25.27.130(d) is amended to read: 07 (d) Except as provided in (f) of this section, if the obligee is not receiving 08 assistance under AS 47.07 or AS 47.27 or under an Alaska Native family assistance 09 program at the time the state recovers money in an action under this section, the 10 recovery of any amount for which the obligor is liable shall be distributed to the 11 obligee for support payments, including medical support payments, that have become 12 due and unpaid since the termination of assistance under AS 47.07 , [OR] AS 47.27 , 13 or an Alaska Native family assistance program under a support order in favor of the 14 obligee. 15 * Sec. 12. AS 25.27.130(e) is amended to read: 16 (e) After payment to the obligee under (d) of this section, the state may retain 17 an amount not to exceed the total unreimbursed assistance paid on behalf of the 18 obligee under AS 47.07 , [OR] AS 47.27 , or an Alaska Native family assistance 19 program . 20 * Sec. 13. AS 25.27.140(a) is amended to read: 21 (a) If a [NO] support order has not been entered, the agency may establish 22 paternity and a duty of support using [UTILIZING] the procedures prescribed in 23 AS 25.27.160 - 25.27.220 and may enforce a duty of support using [UTILIZING] the 24 procedure prescribed in AS 25.27.230 - 25.27.270. Action under this subsection may 25 be undertaken upon application of an obligee, or at the agency's own discretion if the 26 obligor is liable to the state or an Alaska Native family assistance program under 27 AS 25.27.120(a) or (b). 28 * Sec. 14. AS 25.27.165(a) is amended to read: 29 (a) Upon application from a mother, custodian, putative father, or legal 30 custodian of a child, or from a state or an Alaska Native family assistance program , 31 the agency may institute administrative proceedings to determine the paternity of a
01 child born out of wedlock. 02 * Sec. 15. AS 25.27.165(i) is amended to read: 03 (i) The agency may recover any costs it pays for genetic tests required by this 04 section from the putative father unless the testing establishes that the individual is not 05 the father, except that costs may not be recovered from a person who is a recipient of 06 assistance under AS 47.27 (Alaska temporary assistance program) or an Alaska 07 Native family assistance program . 08 * Sec. 16. AS 25.27.170(e) is amended to read: 09 (e) The hearing officer shall consider the following in making a determination 10 under (d) of this section: 11 (1) the needs of the alleged obligee, disregarding the income or assets 12 of the custodian of the alleged obligee; 13 (2) the amount of the alleged obligor's liability to the state or an 14 Alaska Native family assistance program under AS 25.27.120 if any; 15 (3) the intent of the legislature that children be supported as much as 16 possible by their natural parents; 17 (4) the ability of the alleged obligor to pay. 18 * Sec. 17. AS 25.27.180(b) is amended to read: 19 (b) Liability to the state or an Alaska Native family assistance program 20 under AS 25.27.120 is limited to the amount for which the obligor is found to be 21 responsible under (a) of this section. 22 * Sec. 18. AS 25.27.255(a) is amended to read: 23 (a) The agency shall pay to the obligee all money recovered by the agency 24 from the obligor under an income withholding order except for court costs and money 25 assigned to the agency or an Alaska Native family assistance program under 26 AS 25.27.120 - 25.27.130 or AS 47.27.040 . However, if there is more than one 27 income withholding order under this chapter against an obligor, the agency shall 28 allocate amounts available for withholding in a manner that gives priority to current 29 support up to the limits imposed under 15 U.S.C. 1673(b) (sec. 303(b), Consumer 30 Credit Protection Act). Notwithstanding the priority given to current support, the 31 agency shall establish procedures for allocation of support among obligees so that in
01 no case will the allocation result in a withholding order for one obligee not being 02 implemented. 03 * Sec. 19. AS 36.30.850(b) is amended by adding a new paragraph to read: 04 (42) contracts awarded under AS 47.27.072 for state public assistance 05 provided under a regional public assistance program. 06 * Sec. 20. AS 47.27.005 is amended to read: 07 Sec. 47.27.005. Duties of the department. The department shall 08 (1) administer the Alaska temporary assistance program by providing 09 assistance with basic living expenses and self-sufficiency services to needy children 10 and their families under this chapter and, if appropriate, by establishing regional 11 public assistance programs to provide effectively for varying conditions in regions 12 of the state designated by the department ; 13 (2) establish, by regulation, program standards that will provide 14 incentives to work, incentives for financial planning, and opportunities to develop 15 self-sufficiency while providing assistance with basic living expenses; 16 (3) prepare, submit to the federal government, and amend, if necessary, 17 a state plan designed to ensure [ASSURE] that federal money is available to the state 18 for the operation of the program set out in this chapter to provide assistance for basic 19 living expenses and self-sufficiency services to needy children and their families 20 consistent with the state objectives identified in (2) of this subsection [SECTION]; 21 (4) adopt methods of program administration to ensure consistency with 22 the federal requirements under a successor federal program that replaces the aid to 23 families with dependent children program; 24 (5) make reports regarding the program to the federal government as 25 required under federal law [ANY SUCCESSOR FEDERAL PROGRAM THAT 26 REPLACES THE AID TO FAMILIES WITH DEPENDENT CHILDREN 27 PROGRAM], in the form and containing the information required, and comply with 28 the provisions that the federal government determines are necessary to ensure correct 29 and verifiable information on the program; 30 (6) provide to the legislature an annual executive summary of the 31 information required to be reported to the federal government under (5) of this
01 subsection [SECTION]; 02 (7) conduct studies and research in order to evaluate and monitor the 03 effectiveness of the state program; and 04 (8) adopt regulations and take action to implement, interpret, and 05 administer the provisions of this chapter. 06 * Sec. 21. AS 47.27.005 is amended by adding a new subsection to read: 07 (b) In implementing its duties under (a) of this section, the department may 08 adopt program standards that vary by region in the state in order to incorporate the 09 standards of an Alaska Native family assistance plan into a regional plan. The 10 program standards adopted under this subsection need not contain all of the 11 requirements of this chapter if they meet the standards set out in AS 47.27.072 and 12 contain the program elements set out in AS 47.27.071. 13 * Sec. 22. AS 47.27.040 is amended by adding new subsections to read: 14 (d) A participant in an Alaska Native family assistance program shall assign 15 to the Alaska Native family assistance program, unless the program has elected to 16 require assignment to the state under AS 47.27.071(f), all rights to ongoing child 17 support that accrues after the effective date of the assignment for the support of the 18 individuals in the family for whom assistance is provided, but not to exceed the total 19 amount of assistance paid by the Alaska Native family assistance program to the 20 family. The assignment takes effect when information required under (f) of this 21 section is provided to the child support enforcement agency of the Department of 22 Revenue, following the determination of eligibility. Except with respect to any unpaid 23 support that accrued under the assignment, the assignment terminates when the family 24 ceases to participate in the Alaska Native family assistance program. All assignments 25 to an Alaska Native family assistance program of unpaid child support obligations 26 transfer to the state upon the termination of an Alaska Native family assistance 27 program. 28 (e) An Alaska Native family assistance program participant shall cooperate 29 with the child support enforcement agency of the Department of Revenue in the 30 manner described in (b) of this section in establishing paternity or establishing, 31 modifying, or enforcing a child support order requiring the payment of support by the
01 noncustodial parent for a dependent child for whom assistance is received. The child 02 support enforcement agency shall inform the Alaska Native family assistance program 03 if it determines that the participant is not in good faith compliance with the 04 requirements of (b) of this section. The Alaska Native family assistance program shall 05 determine whether the participant has good cause for refusing to cooperate. 06 (f) An Alaska Native family assistance program that receives assignments of 07 ongoing child support must provide public assistance information concerning those 08 assignments to the child support enforcement agency of the Department of Revenue 09 in a timely manner in order to establish a valid assignment. The information must be 10 provided by electronic means and in a format acceptable to the child support 11 enforcement agency. For the purposes of this subsection, "timely manner" means 12 within the time constraints established for child support agency distributions under 13 federal law. 14 * Sec. 23. AS 47.27 is amended by adding new sections to read: 15 Sec. 47.27.071. Alaska Native family assistance grants. (a) Notwithstanding 16 a contrary provision of this chapter and in addition to grants awarded under 17 AS 47.27.050, the department may award and administer Alaska Native family 18 assistance grants in accordance with this section to Alaska Native organizations that 19 meet the requirements of AS 47.27.070. Only an organization that received approval 20 for, and has agreed to operate, a federally approved tribal family assistance plan in this 21 state is eligible to receive a grant under this section. An organization that receives a 22 grant under this section shall operate the plan approved under this section on a state 23 fiscal year basis. 24 (b) If an organization intends to apply for a grant under this section, the 25 organization shall first submit to the department a letter of intent along with a copy 26 of the proposed federal tribal family assistance plan that will be submitted to the 27 federal government for approval. The organization shall make its submission to the 28 department at least six months before the proposed effective date of the federal tribal 29 family assistance plan. The department shall review the submission and notify the 30 organization of significant deficiencies that would make the organization ineligible to 31 be considered for an Alaska Native family assistance grant even if federal approval is
01 received without significant changes to the federal tribal family assistance plan and 02 federal grant money is awarded for implementation of that plan. The organization may 03 make a supplemental submission to the department to resolve deficiencies noted by the 04 department. If, after departmental review and supplemental revision, an organization's 05 plan remains eligible for consideration for a grant award under this section, the 06 department shall notify the organization that the organization may submit a proposal 07 for a grant award after the organization has received notice of federal approval of the 08 federal tribal family assistance plan and the pending award of federal grant money. 09 The commissioner may waive the time deadline specified in this subsection if the 10 commissioner 11 (1) enters into a joint planning agreement between the department and 12 the organization; or 13 (2) finds good cause and the waiver is in the state's best interest. 14 (c) If the department awards a grant under this section, the grant shall be in 15 an amount that 16 (1) for the first fiscal year under the plan accepted by the department, 17 represents a fair and equitable portion of the state appropriations for the state public 18 assistance program administered under this chapter intended to serve the state residents 19 who will be served by the plan; and 20 (2) for the second and subsequent state fiscal years under the plan 21 accepted by the department, represents a fair and equitable portion of state 22 appropriations made for public assistance programs that is allocated for Alaska Native 23 family assistance grants to be awarded under this section in order to serve the state 24 residents who will be served by the plan; if the money is not allocated for these grants, 25 the amounts shall be made in the same manner as described in (1) of this subsection. 26 (d) For an organization to be eligible to be awarded a grant under this section, 27 the organization's proposal must include 28 (1) documentation that the organization 29 (A) has received federal approval of its federal tribal family 30 assistance plan to operate a tribal assistance program in this state; and 31 (B) will receive a grant directly from the federal government to
01 implement the federal tribal family assistance plan; 02 (2) a plan for operation of the Alaska Native family assistance grant 03 that meets the requirements of (e) of this section; and 04 (3) if the commissioner determines that a federally approved tribal 05 family assistance plan would be a cost-effective and efficient means of administering 06 the program established in this chapter in that region of the state and the needs of state 07 public assistance recipients receiving assistance under this chapter can be met through 08 a contract awarded under AS 47.27.072, the organization's agreement to enter into a 09 contract with the department to provide state public assistance to those eligible state 10 residents in the region who are not included in the population to be served by the 11 federally approved tribal family assistance plan. 12 (e) An organization's plan for operation of the Alaska Native family assistance 13 grant must 14 (1) be designed to facilitate self-sufficiency of assistance recipients in 15 the region specified in the federally approved tribal family assistance plan by 16 addressing the conditions specific to that region; 17 (2) provide for a reasonable pattern of service delivery from all 18 providers serving that region; 19 (3) serve a specified region that consists of a geographically cohesive 20 group of communities that share similar interests, resources, and traditions; and 21 (4) provide for administration of the grant money received under this 22 section to establish a program in accordance with the plan accepted by the department 23 and in compliance with other requirements of this section; the program must include 24 the following standards for providing assistance to eligible families: 25 (A) only families with at least one dependent child or a woman 26 in the last trimester of pregnancy are eligible for assistance paid from an 27 Alaska Native family assistance grant; 28 (B) amounts for assistance provided from an Alaska Native 29 family assistance grant to eligible families may not exceed the amounts 30 specified under AS 47.27.025(b) when combined with assistance provided 31 under the federally approved tribal family assistance grant;
01 (C) to remain eligible for assistance paid from an Alaska Native 02 family assistance grant, a minor parent of a dependent child must meet the 03 requirements of AS 47.27.027; 04 (D) families receiving assistance paid from an Alaska Native 05 family assistance grant shall comply with the provisions of AS 47.27.035(a) 06 regarding participation in work activities; 07 (E) families receiving assistance paid from Alaska Native family 08 assistance grant money shall comply with the provisions of AS 47.27.040 09 regarding assignment of support rights and cooperation with the child support 10 enforcement agency of the Department of Revenue; 11 (F) the organization has an impartial appeals process to allow 12 for affected families in the region of the state covered by the plan accepted by 13 the department to have a fair hearing. 14 (f) The department may award a grant under this section only if the department 15 determines that the proposal, including a plan for operation of the grant, meets the 16 criteria specified in (d) and (e) of this section and that an award of the grant to the 17 organization would be in the public interest. The grant agreement must state that the 18 Alaska Native family assistance program will require all program participants to assign 19 child support rights to the Alaska Native family assistance program under 20 AS 47.27.040, unless the Alaska Native organization elects to require participants to 21 assign those child support rights to the state. The department may not distribute grant 22 money until a grant agreement between the organization and the department is 23 executed that meets the requirements of this section. 24 (g) Records pertaining to recipients of assistance from an Alaska Native family 25 assistance grant awarded under this section are confidential public assistance records 26 under AS 47.05.020 and regulations adopted under AS 47.05.020. Use and misuse of 27 these records are subject to the provisions of AS 47.05.030. It is an official purpose 28 under AS 47.05.020 for an organization receiving a grant under this section and the 29 department or another agency of the state to exchange information concerning 30 recipients of assistance under this section if the information requested is for purposes 31 directly connected with the administration of a grant under this section.
01 (h) An organization receiving a grant under this section shall provide to the 02 department a copy of its quarterly report made under 42 U.S.C. 611. The organization 03 shall have its financial records audited annually by a certified public accountant 04 authorized to practice under AS 08.04. The department may prescribe the form and 05 specify the information required to document compliance with this section. 06 (i) If an organization wishes to terminate its program before the end of the 07 time period for which the grant was awarded under this section, the organization must 08 obtain the consent of the department or provide notice to the department 120 days 09 before the anticipated date of termination. At the end of a grant agreement or by early 10 termination under this section, the organization shall provide an inventory of property 11 valued at $1,000 or over and purchased, in whole or in part, with grant money awarded 12 under this section. The department shall notify the organization of the required 13 disposition of the property listed on the inventory. 14 (j) If the department awards a grant under this section, a person applying for 15 assistance under this chapter who is covered by the federally approved tribal family 16 assistance plan in that region of the state may obtain assistance from the department 17 only through the organization designated by the department to serve the region. A 18 person aggrieved by a decision made by an organization under a grant awarded under 19 this section may use the appeal procedure specified in AS 47.27.072(e). 20 (k) Notwithstanding (j) of this section, a person applying for assistance under 21 this chapter in a region of the state that is served by both an Alaska Native family 22 assistance program and a program administered directly by the department may request 23 to receive assistance under the program administered directly by the department by 24 applying to the department under this subsection and in accordance with regulations 25 adopted under this subsection. The department shall approve the application if the 26 department finds that the applicant has shown a compelling interest to use the state 27 program. 28 Sec. 47.27.072. Regional public assistance programs and contracts. (a) To 29 implement AS 47.27.005(b), the department may develop a regional public assistance 30 program for the administration of this chapter in order to provide state public 31 assistance in a uniform and cost-effective manner in a region of this state if an Alaska
01 Native organization is authorized to implement a federally approved tribal family 02 assistance plan that includes that region and has been awarded an Alaska Native family 03 assistance grant for a program that includes that region for the applicable fiscal year 04 under AS 47.27.071. The regional public assistance program developed under this 05 section must be designed to serve eligible state residents in the region covered by the 06 program who are not already covered by a federally approved tribal family assistance 07 plan in that region. 08 (b) The department may award contracts to implement a program developed 09 under (a) of this section. A contract authorized for delivery of state public assistance 10 under a regional public assistance program under this section is exempt from the 11 competitive bid requirements of AS 36.30 (State Procurement Code). Subject to 12 appropriation, a contract under this section must be in an amount that represents a fair 13 and equitable share of the money appropriated to serve the state residents specified in 14 (a) of this section. This section provides additional authority to contract to that 15 available under AS 47.05.015 or other law. 16 (c) The department may award a contract under this section only to an 17 organization that 18 (1) has been awarded an Alaska Native family assistance grant for a 19 program that includes that region under AS 47.27.071; 20 (2) agrees to administer state public assistance under this chapter to 21 state residents in the region who are not served by the Alaska Native family assistance 22 grant awarded under AS 47.27.071; 23 (3) agrees to provide state public assistance identical to that provided 24 under the federally approved tribal family assistance plan for which Alaska Native 25 family assistance grant money has been awarded under AS 47.27.071; and 26 (4) agrees to implement an appeals process as described in (e) of this 27 section. 28 (d) Records pertaining to recipients of state public assistance under a contract 29 awarded under this section have the same confidential protections as are provided to 30 recipients of assistance from Alaska Native family assistance grants under 31 AS 47.27.071.
01 (e) An organization that receives a contract under this section shall provide an 02 appeals process to applicants for or recipients of state public assistance covered by the 03 contract awarded under this section. The appeals process must be the same as the 04 method available under the federally approved tribal family assistance plan, except that 05 the decision reached will be considered as a recommended decision to the department. 06 Within 30 days after receiving a recommended decision, the department shall review 07 the recommended decision and issue a decision accepting or rejecting the 08 recommended decision. If the department rejects the recommended decision, the 09 department shall independently review the record and issue its final decision. The 10 final decision of the department on the matter is appealable to the courts of this state. 11 (f) If the department establishes a regional public assistance program and 12 awards a contract to provide state public assistance under this section, a person 13 applying for state public assistance under this chapter in the region of the state covered 14 by the regional public assistance program may obtain state public assistance from the 15 department only through the organization designated by the department to serve the 16 region. 17 * Sec. 24. AS 47.27.900 is amended by adding a new paragraph to read: 18 (10) "federally approved tribal family assistance plan" means a plan 19 that meets the requirements of 42 U.S.C. 612 and has been approved for financing 20 through a tribal family assistance grant directly from the United States Department of 21 Health and Human Services. 22 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 APPLICABILITY. This Act does not apply to the provisions of an existing Alaska 25 Native family assistance grant agreement in effect on the effective date of this Act until the 26 earliest of the following occurs: 27 (1) the grant agreement expires; 28 (2) the grant agreement is terminated; 29 (3) a substantial modification is made to the grant agreement; routine technical 30 amendments to an existing Alaska Native family assistance grant agreement in effect on the 31 effective date of this Act do not constitute a substantial modification for purposes of this
01 paragraph. 02 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 INSTRUCTION TO REVISOR. Notwithstanding sec. 148(c), ch. 87, SLA 1997, and 05 secs. 53 - 54, ch. 132, SLA 1998, the new language added by the amendments made to 06 AS 25.27.120(c), and 25.27.165(a) and (i) by secs. 7, 14, and 15 of this Act shall be retained 07 if sec. 148(c), ch. 87, SLA 1997, and secs. 53 and 54, ch. 132, SLA 1998, take effect. 08 * Sec. 27. This Act takes effect January 1, 2001.