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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