01/29/2020 01:30 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB142 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 146 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 142 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
January 29, 2020
1:49 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Chuck Kopp
Representative Harriet Drummond
Representative Louise Stutes
Representative Gabrielle LeDoux
Representative Laddie Shaw
Representative David Eastman
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Jonathan Kreiss-Tomkins
COMMITTEE CALENDAR
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."
- MOVED CSHB 142(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 142
SHORT TITLE: NATIVE ORGANIZATIONS TANF PROGRAM
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
04/22/19 (H) READ THE FIRST TIME - REFERRALS
04/22/19 (H) TRB, JUD
04/30/19 (H) TRB AT 8:00 AM CAPITOL 106
04/30/19 (H) Heard & Held
04/30/19 (H) MINUTE(TRB)
05/02/19 (H) TRB AT 8:00 AM CAPITOL 106
05/02/19 (H) Moved HB 142 Out of Committee
05/02/19 (H) MINUTE(TRB)
05/03/19 (H) TRB RPT 4DP 2NR
05/03/19 (H) DP: LINCOLN, ORTIZ, EDGMON, ZULKOSKY
05/03/19 (H) NR: VANCE, TALERICO
05/08/19 (H) JUD AT 1:00 PM GRUENBERG 120
05/08/19 (H) -- MEETING CANCELED --
05/10/19 (H) JUD AT 1:00 PM GRUENBERG 120
05/10/19 (H) Heard & Held
05/10/19 (H) MINUTE(JUD)
01/27/20 (H) JUD AT 1:30 PM GRUENBERG 120
01/27/20 (H) Heard & Held
01/27/20 (H) MINUTE(JUD)
01/29/20 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
STACIE KRALY
Chief Assistant Attorney General/Statewide Section Supervisor
Human Services Section
Administrative Services Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 142.
ACTION NARRATIVE
1:49:25 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:49 p.m. Representatives Claman, Drummond,
Stutes, LeDoux, Shaw, and Eastman were present at the call to
order. Representative Kopp arrived as the meeting was in
progress.
HB 142-NATIVE ORGANIZATIONS TANF PROGRAM
1:49:59 PM
CHAIR CLAMAN announced that the only 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." [Before the committee as a work draft, adopted during
the meeting on 1/27/20, was the proposed committee substitute
(CS) for HB 142, Version 31-LS0535\G, Marx, 1/23/20.]
CHAIR CLAMAN commented that this was the third hearing of HB 142
before the House Judiciary Standing Committee. There were no
amendments received for HB 142. Chair Claman noted for the
committee members that Stacie Kraly, the [Chief Assistant]
Attorney General from the Department of Law (DOL), was on the
line to answer questions. He noted that Ms. Kraly was
responsible for providing advice to the Health and Human
[Services] Department (HSS).
1:50:45 PM
REPRESENTATIVE LEDOUX stated that she would like to get an
answer to the question she had asked in the previous House
Judiciary Standing Committee meeting on 1/27/20. She wanted an
explanation as to why the DOL had been able to identify a
problem and work with the HSS to solve it yet would not express
a position on HB 142.
1:51:17 PM
STACIE KRALY, Chief Assistant Attorney General/Statewide Section
Supervisor, Human Services Section, Administrative Services
Division, Department of Law, explained that the issue regarding
the application by The Central Council of the Tlingit and Haida
Indian Tribes of Alaska "Tlingit & Haida" for tribal Temporary
Assistance for Needy Families (TANF) was identified
approximately three years ago. Ms. Kraly worked with Kendri
Cesar and other attorneys representing Tlingit & Haida to
identify the issue and present some possible solutions. She
explained that it was decided Tlingit & Haida would seek a
legislative fix to the issue where it is not a non-profit, so it
would be eligible for funds without being in technical violation
of AS 47.27.070, which read as follows:
Sec. 47.27.070. Alaska native organizations' family
assistance programs.
(a) The department may coordinate only with the
following Alaska Native organizations, as designated
under federal law, in the development of family
assistance programs:
(1) Arctic Slope Native Association;
(2) Kawerak, Inc.;
(3) Maniilaq Association;
(4) Association of Village Council Presidents;
(5) Tanana Chiefs Conference;
(6) Cook Inlet Tribal Council;
(7) Bristol Bay Native Association;
(8) Aleutian and Pribilof Island Association;
(9) Chugachmiut;
(10) Tlingit Haida Central Council;
(11) Kodiak Area Native Association;
(12) Copper River Native Association; and
(13) Metlakatla Indian Community of the Annette
Islands Reserve; however, the department may cooperate
with the Metlakatla Indian Community under this
chapter only if the community waives any claim to
sovereign immunity with respect to matters involved
with the family assistance program.
(b) The department may cooperate with the Alaska
Native organizations named in (a) of this section to
propose program criteria to the Secretary of the
United States Department of Health and Human Services
in order to promote programs comparable to the state
program in the same area.
(c) Notwithstanding other provisions of this
section, the department may coordinate with an Alaskan
Native organization under (a) of this section only if,
for purposes of this chapter, the Alaska Native
organization incorporates a nonprofit entity under
state law and the nonprofit entity is active and in
good standing, as determined by the Department of
Commerce, Community, and Economic Development.
MS. KRALY stated that the position of the DOL is not that they
do not support HB 142, but rather that there are several
solutions to the problem and the DOL does not have a preference
on which solution is chosen. She explained that HB 142 proposes
a solution to the problem. She expressed that the DOL's
interest is in seeing the problem solved, not presenting a
position on which solution is preferred.
1:52:43 PM
REPRESENTATIVE LEDOUX asked Ms. Kraly whether there were any
solution(s) that she thinks might be a better option.
MS. KRALY replied that one of the solutions, which was discussed
at the previous committee meeting on 1/27/20, was whether
Tlingit & Haida should become a non-profit. She said that as
Kendri Cesar had testified, it was decided that this was not an
appropriate business decision for Tlingit & Haida. Ms. Kraly
presented that another option could be a specific amendment to
AS 47.27.070(a)(13), changing it slightly so that it would be
specified whether an organization was applying on behalf of a
tribal organization or as a non-profit. She reiterated that
there are several solutions to the issue and not one is
preferred by the DOL. She stated that what the DOL thinks is
necessary is a fix to the technical problem relating to the way
AS 47.27.070 is currently drafted.
REPRESENTATIVE LEDOUX expressed that she did not quite
understand why, given that the DOL had worked with the bill
sponsor to solve the problem, it was not able to say it supports
HB 142.
MS. KRALY explained that the DOL does not take a position on
several legislative proposals. She added that the DOL does take
the position that AS 47.27.070 needs to be amended and HB 142 is
a way to amend it that would resolve the issue regarding the
technical violation.
1:54:34 PM
CHAIR CLAMAN asked Ms. Kraly whether it was correct to say that
the DOL believes HB 142 solves the problem regarding AS
47.27.070 successfully.
MS. KRALY replied that the DOL does see it as a successful
solution.
CHAIR CLAMAN asked whether the DOL would be suggesting any other
changes to AS 47.27.070. He stated that Tlingit & Haida had
Representative Kreiss-Tomkins present HB 142, and it seems to be
its preferred solution to the problem, even if it is not the
DOL's preferred solution. He asked whether there was any reason
she could see as to why the committee shouldn't approve HB 142
as solving the problem.
MS. KRALY replied that she does not.
CHAIR CLAMAN asked whether the DOL shares Ms. Kraly's opinion
recommends the committee move forward with HB 142 or pursue a
different solution.
MS. KRALY responded that her understanding is the DOL shares her
opinion.
1:55:32 PM
REPRESENTATIVE EASTMAN asked Ms. Kraly whether she thinks HB
142, as currently written, could open the possibility for
organizations other than Tlingit & Haida to take advantage of
the change in statute.
1:55:52 PM
MS. KRALY responded that she does not think it would. She
explained that she agreed with Kendri Cesar's analysis that
there is a very narrow category of individuals eligible for
tribal TANF, and those individuals are limited by federal
statute. Therefore, adding additional framework for other
individuals to come in would probably require federal
legislation.
1:56:57 PM
CHAIR CLAMAN asked whether there were any further questions
regarding HB 142. Hearing none, he requested a motion.
1:57:16 PM
REPRESENTATIVE KOPP moved to report CSHB 142, Version 31-
LS0535\G, Marx, 1/23/20, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 142(JUD) was reported out of the House
Judiciary Standing Committee.
1:58:15 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 142 Work Draft Committee Substitute v. G 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM |
HB 142 |
| HB 142 v. K 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM |
HB 142 |
| HB 142 Sponsor Statement v. G 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM SCRA 3/17/2020 3:30:00 PM |
HB 142 |
| HB 142 Summary of Changes v. K to v. G 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM SCRA 3/17/2020 3:30:00 PM |
HB 142 |
| HB 142 Additional Document - Sec 47.27.020 TANF Language 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM SCRA 3/17/2020 3:30:00 PM |
HB 142 |
| HB 142 Additional Document - Summary of Technical Amendment to TANF Statute 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM |
HB 142 |
| HB 142 Fiscal Note DPS-VPSO 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM |
HB 142 |
| HB 142 Fiscal Note DHSS-ATAP 1.27.2020.pdf |
HJUD 1/27/2020 1:30:00 PM HJUD 1/29/2020 1:30:00 PM |
HB 142 |