Legislature(1999 - 2000)

04/17/2000 06:21 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 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."                                                                                               
                                                                                                                                
                                                                                                                                
This was the second hearing for this bill in the Senate                                                                         
Finance Committee.                                                                                                              
                                                                                                                                
Co-Chair Torgerson noted the proposed SCS CS HB 98, 1-                                                                          
GH1011\I. He explained the committee substitute establishes                                                                     
a pilot program to accommodate the three Native                                                                                 
organizations that have shown interest in operating public                                                                      
assistance programs. He listed the Association of Village                                                                       
Council Presidents, the Tanana Chiefs Conference and the                                                                        
Tlingit-Haida Central Council as the aforementioned                                                                             
organizations.                                                                                                                  
                                                                                                                                
Co-Chair Torgerson drew the Committee's attention to                                                                            
language requiring status reports to the legislature and                                                                        
the governor, plus audits of the overseeing Native                                                                              
organizations' financial information.                                                                                           
                                                                                                                                
JIM NORDLAND, Director, Division of Public Assistance,                                                                          
Department of Health and Social Services, testified that                                                                        
although the department's staff has only had a short time                                                                       
to review the new language, there did not seem to be any                                                                        
conflict.                                                                                                                       
                                                                                                                                
Co-Chair Torgerson relayed conversations he had with the                                                                        
witness indicating that technical changes could be made to                                                                      
this committee substitute if any errors are discovered.                                                                         
                                                                                                                                
Mr. Nordland stated that the original intent of the                                                                             
legislation was to make it possible for all eligible Native                                                                     
organizations to participate in public assistance delivery.                                                                     
However, he understood that the legislature wants to move                                                                       
cautiously in the form of a pilot program.                                                                                      
                                                                                                                                
Co-Chair Torgerson added that this legislation does not                                                                         
sunset and that other organizations could be included later                                                                     
if interest were shown.                                                                                                         
                                                                                                                                
Senator P. Kelly clarified that the general funds currently                                                                     
used are not matching funds but are passed on to a non-                                                                         
profit organization that would carry out the same duties.                                                                       
                                                                                                                                
Mr. Nordland explained that TCC currently is required to                                                                        
provide the exact service as the state would provide. What                                                                      
the organization wants to do, he said is to run a slightly                                                                      
different program that is still comparable to the state's                                                                       
program. He stated that this legislation allows the                                                                             
organization to receive state funds and have more                                                                               
flexibility.                                                                                                                    
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #95, Side B    8:59 PM                                                                                           
                                                                                                                                
                                                                                                                                
Senator Adams moved to adopt SCS CS HB 98, 1-GH1011\I as a                                                                      
workdraft.                                                                                                                      
                                                                                                                                
There was no objection and the committee substitute was                                                                         
ADOPTED.                                                                                                                        
                                                                                                                                
Amendment #1: This amendment inserts a new subparagraph on                                                                      
page 5, lines 30 and 31 of the committee substitute to read                                                                     
as follows.                                                                                                                     
                                                                                                                                
"(4) establish the same maximum number of                                                                                       
months of benefits as is established for the                                                                                    
state program under AS 47.27.015 (a)(1); and"                                                                                   
                                                                                                                                
Senator Adams moved for adoption.                                                                                               
                                                                                                                                
Senator Donley objected.                                                                                                        
                                                                                                                                
Senator Adams explained this amendment provides that                                                                            
Native-operated programs could not apply to the federal                                                                         
government for extension of the 60-month maximum benefit                                                                        
provision. He said this applies uniform standards to all                                                                        
public assistance programs.                                                                                                     
                                                                                                                                
Mr. Nordland repeated his explanation of the amendment                                                                          
given at a previous meeting, saying this item was missed                                                                        
when the comparability standards were established. He                                                                           
shared that federal regulations allow Native-operated                                                                           
programs to negotiate to exempt that program from the 60-                                                                       
month limit.                                                                                                                    
                                                                                                                                
Co-Chair Torgerson clarified that this amendment keeps all                                                                      
participants of public assistance equal in the amount of                                                                        
months they may receive benefits.                                                                                               
                                                                                                                                
Senator Green remarked that this is not necessarily the                                                                         
case in other parts of Alaska where the public assistance                                                                       
program is not administered by a Native organization.                                                                           
                                                                                                                                
Mr. Nordland detailed that those exemptions are separate                                                                        
from the allowances offered to Native organizations. He                                                                         
explained that federal law also provides that anyone,                                                                           
Native or non-Native, living in a Native village with an                                                                        
unemployment rate higher than 50 percent is exempt from the                                                                     
60-month limit.                                                                                                                 
                                                                                                                                
Mr. Nordland cautioned that without this amendment, a                                                                           
recipient living in Fairbanks who receives benefits through                                                                     
a Native-operated program could potentially go beyond the                                                                       
60-month limit if that program had received the exemption.                                                                      
He expressed that it is not fair to allow a Native living                                                                       
in an urban area to receive benefits longer than a non-                                                                         
Native living in the same community does.                                                                                       
                                                                                                                                
Senator Green expressed concern with the comparability                                                                          
standard required of any Native-operated public assistance                                                                      
programs.                                                                                                                       
                                                                                                                                
Mr. Nordland referred to the legal opinion written by the                                                                       
Division of Legal and Research Services regarding the equal                                                                     
protection problem, which stated that there could be a                                                                          
conflict without this comparability standard.                                                                                   
                                                                                                                                
Senator Donley removed his objection and the amendment was                                                                      
ADOPTED.                                                                                                                        
                                                                                                                                
Co-Chair Torgerson is #2 still necessary                                                                                        
                                                                                                                                
Amendment #2: This amendment deletes, "a compelling                                                                             
interest" and inserts, "that special circumstances exist                                                                        
that support the request" from page 8, line 3 of the                                                                            
committee substitute. The amended language reads, "The                                                                          
department shall approve the application if the department                                                                      
finds that the applicant has shown that special                                                                                 
circumstances exist that support the request to use the                                                                         
state program."                                                                                                                 
                                                                                                                                
KRISTEN BOMENGEN, Assistant Attorney General, Human                                                                             
Services Section, Civil Division, Department of Law spoke                                                                       
to the concern about the "compelling interest requirement"                                                                      
being imposed on someone who is seeking services from                                                                           
either program. She stated the proposed language addresses                                                                      
this problem and is more appropriate.                                                                                           
                                                                                                                                
Senator Green moved for adoption and asked if "special                                                                          
circumstances" is a lesser standard than "compelling                                                                            
interest" in legal terms. It was determined to be so.                                                                           
                                                                                                                                
Senator Donley asked if this language applies to                                                                                
individuals or groups.                                                                                                          
                                                                                                                                
[Senator Leman explained to Senator Donley out of range of                                                                      
the recording equipment.]                                                                                                       
                                                                                                                                
Senator Green asked if the bill contained any language to                                                                       
specify that nothing in the legislation is to be construed                                                                      
as recognition of tribes' sovereign immunity. It was                                                                            
determined there is no such specific language.                                                                                  
                                                                                                                                
Without objection the amendment was ADOPTED.                                                                                    
                                                                                                                                
Amendment #3: This amendment deletes, "interpret," from                                                                         
page 3 line 20 of the committee substitute. The amended                                                                         
language reads as follows.                                                                                                      
                                                                                                                                
 "(8) adopt regulations and take action to                                                                                      
implement and administer the provisions of this                                                                                 
chapter."                                                                                                                       
                                                                                                                                
Senator Leman moved for adoption.                                                                                               
                                                                                                                                
Without objection the amendment was ADOPTED.                                                                                    
                                                                                                                                
Senator Adams offered a motion to report from Committee CS                                                                      
HB 98, 1-GH1011\K, as amended and with accompanying zero                                                                        
fiscal notes from the Department of Revenue and the                                                                             
Department of Health and Social Services.                                                                                       
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
ADJOURNED                                                                                                                       
                                                                                                                                
Senator Torgerson adjourned the meeting at 9:12 PM.                                                                             
SFC-00 (1) 04/17/00                                                                                                             

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