Legislature(2019 - 2020)CAPITOL 106
04/30/2019 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): the Missing and Murdered Indigenous Women Crisis | |
| HB142 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 142 | TELECONFERENCED | |
| *+ | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
HB 142-NATIVE ORGANIZATIONS VPSO & TANF PROGRAMS
8:54:53 AM
CHAIR ZULKOSKY announced the final order of business would be
HOUSE BILL NO. 142, "An Act relating to Alaska Native
organizations; relating to the village public safety officer
program; and relating to the Alaska temporary assistance
program."
8:55:19 AM
REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State
Legislature, paraphrased from the following sponsor statement
[original punctuation provided]:
House Bill 142 addresses ambiguity in law by
clarifying which Alaska Native organizations are
eligible to administer Village Public Safety Officer
(VPSO) programs and Alaska Native family assistance
programs. The Central Council of the Tlingit & Haida
Indian Tribes of America (Tlingit & Haida) has
operated Southeast Alaska's VPSO and Alaska Native
family assistance programs for nearly 20 years.
However, Tlingit & Haida has a different legal
identity than the regional nonprofit corporations
around Alaska (e.g., AVCP, Kawerak, TCC) that
administer VPSO and/or family assistance programs,
owing to Tlingit & Haida's status as a federally
recognized tribe. Tlingit & Haida is not a regional
nonprofit corporation, despite regularly being
mistakenly referred to as one. House Bill 142 amends
current statute to resolve this ambiguity and make
fully explicit and unambiguous that Tlingit & Haida
can administer VPSO and/or family assistance programs
in partnership with the State of Alaska.
8:56:47 AM
JOHN SCANLON, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, stated currently, nonprofit regional
corporations and "rural areas" are eligible to administer the
VPSO program; HB 142 would add "Alaska Native organizations" to
those eligible. There are 13 entities that are currently
eligible to administer Alaska Native family assistance programs
and adding Alaska Native organizations to those eligible would
add Metlakatla and Tlingit & Haida. The technical change made
by HB 142 does not add any other entities to the original 13
regional nonprofit corporations listed in statute, but would
ensure all are authorized to administer Alaska Native family
assistance programs. He explained the ambiguity occurs because
Tlingit & Haida is a federally-recognized Tribe and not a
regional nonprofit corporation, and thus is not technically
authorized to administer the program[s]. Mr. Scanlon said the
following organizations and agencies have favorably reviewed the
bill: Tlingit & Haida; the Department of Public Safety (DPS);
the Department of Health and Social Services (DHSS); the
Department of Law (DOL).
CHAIR ZULKOSKY said although the sponsor has characterized the
bill as a narrow, technical change, the size and scope of the
work done by Tlingit & Haida in Southeast leads one to think of
Tlingit & Haida as similar to one of the regional nonprofits;
however, as a legal entity, Tlingit & Haida is a federally-
recognized Tribe. She asked for confirmation that the bill
would only apply to Tlingit & Haida and the Metlakatla Indian
Community.
MR. SCANLON clarified, as it relates to the VPSO program, HB 142
would add Tlingit & Haida and Metlakatla as entities eligible to
administer the program, in partnership with DPS. As it relates
to the Alaska Native family assistance program[s], HB 142
ensures that the 13 entities currently listed in statute are
legally authorized to administer the program[s].
9:00:55 AM
REPRESENTATIVE VANCE pointed out the Department of Commerce,
Community & Economic Development recognizes Tlingit & Haida as a
nonprofit corporation, which would fulfil the requirements to
administer the VPSO program.
MR. SCANLON deferred the question.
9:02:11 AM
ANDREW MERRILL, Captain, Commander, "C" Detachment, VPSO
Program, Division of Alaska State Troopers, DPS, informed the
committee he manages the VPSO program and is captain of "C"
Detachment.
[Due to recording difficulties, a portion of the audio was
lost.]
CAPTAIN MERRILL recalled last year a VPSO and Tlingit & Haida
were sued over actions by the VPSO; during the lawsuit, Tlingit
& Haida exercised sovereign immunity and was removed from the
civil suit. In the judge's ruling of the lawsuit, the state was
repeatedly noticed that technically, Tlingit & Haida was not a
Native nonprofit as defined in regulations or statute. Captain
Merrill explained at that time DPS and Tlingit & Haida
recognized the need to correct the issue, and one step in the
process to become compliant was for Tlingit & Haida to establish
nonprofit status with DCCED.
REPRESENTATIVE VANCE questioned whether Tlingit & Haida is now
in compliance with the VPSO requirements.
CAPTAIN MERRILL said yes. Tlingit & Haida is established as a
nonprofit and is legally within compliance of the regulation and
statute.
9:05:26 AM
RICHARD PETERSON, President, Central Council of the Tlingit &
Haida Indian Tribes of Alaska (Tlingit & Haida), in further
response to Representative Vance, said Tlingit & Haida complied
by registering as a nonprofit, albeit at some administrative
expense. He opined it is in the interest of the state and
Tlingit & Haida to complete the "statutory fix" within HB 142,
which is housekeeping and noncontroversial. He then continued
to his invited testimony and stated Tlingit & Haida has
administered the VPSO and [Alaska Native family assistance
programs/Temporary Aid to Needy Families (TANF)] program
successfully for over 20 years through grant agreements with the
state. The programs are vital for all of Southeast: TANF is
operated for the entire region from Ketchikan to Yakutat; VPSO
is operated through a grant agreement with DPS and interest from
local communities. Mr. Peterson said Tlingit & Haida has done a
good job for over 20 years overcoming obstacles to the programs;
in fact, as a regional Tribe, Tlingit & Haida is "uniquely
situated" to provide these services for Southeast, and although
it is not a consortium of Tribes, Tlingit & Haida is directly
connected to the affected communities. He restated Tlingit &
Haida is not defined as a Tribal nonprofit and seeks a simple
and efficient statutory correction to achieve compliance. Mr.
Peterson acknowledged there are ongoing budgetary issues
concerning TANF and VPSO programs; however, HB 142 has been
discussed with DOL and DHSS and no issue, concern, or
controversy has been raised.
9:09:52 AM
CHAIR ZULKOSKY questioned whether Tlingit & Haida would face
problems managing the VPSO program were the bill [not to pass].
MR. PETERSON said Tlingit & Haida would have additional costs
associated with changes to its management operations. He
restated Tlingit & Haida's existing management operation has
been a successful model for over 20 years.
CHAIR ZULKOSKY surmised [without passage of HB 142] Tlingit &
Haida would anticipate an increase in administrative costs and
thereby decreased funding for the VPSO program.
MR. PETERSON agreed there would be additional costs for the VPSO
and TANF programs.
9:11:12 AM
CHAIR ZULKOSKY opened public testimony on HB 142. After
ascertaining no one wished to testify, public testimony was
closed, and HB 142 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB142 Fiscal Note DPS-VPSO 4.28.19.pdf |
HTRB 4/30/2019 8:00:00 AM |
HB 142 |
| HB0142A.PDF |
HTRB 4/30/2019 8:00:00 AM |
HB 142 |
| HB 142 Sponsor Statement 4.29.19.pdf |
HTRB 4/30/2019 8:00:00 AM |
HB 142 |
| Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf |
HTRB 4/30/2019 8:00:00 AM |
|
| MMIWG Policy Guidance_Final.pdf |
HTRB 4/30/2019 8:00:00 AM |
|
| VAWA.pdf |
HTRB 4/30/2019 8:00:00 AM |