Legislature(1999 - 2000)
04/17/2000 06:21 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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