Legislature(2003 - 2004)
04/21/2004 08:43 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 379
An Act establishing an office of citizenship assistance
in the Department of Labor and Workforce Development.
REPRESENTATIVE BRUCE WEYHRAUCH, SPONSOR, stated that HB 379
would create an office to assist naturalized citizens and
citizen candidates in Alaska. HB 379 would establish the
Office of Citizenship Assistance in the Department of Labor
and Workforce Development. Naturalized citizens and people
who are actively pursuing United States citizenship could
receive help navigating through State employment and federal
immigration agencies.
The Office of Citizenship Assistance would also act as a
liaison between individuals, the Office of the Commissioner
and State and federal agencies as well as the private
sector. Under the legislation, the Office would assist in
immigration services, employment services, affordable legal
service, medical services, and educational opportunities.
Information would be available regarding job discrimination,
sexual harassment and unsafe working conditions.
Representative Weyhrauch noted that Alaska has a rich
history of immigration. Through the legislation, the Office
would be sensitive to the diverse cultural backgrounds of
those it would serve and the Office would bridge the
transition of adjustment for incoming new citizens to
Alaska.
Representative Fate asked at this time how many citizens
could use the service. He noted the fiscal impact and was
concerned that the State would be assuming the "job" of the
federal government. Representative Weyhrauch responded that
the work of the bill would not be in doing the job of the
U.S. government. He emphasized that the federal government
has not been helpful with these types of issues. The
federal government is the problem by continually placing
impediments before these people who are attempting to get
immigration status. He pointed out that they are very
unresponsive, mentioning that his office has written
numerous letters for six-month periods and received no
response. They do not address the work in a timely manner.
The proposed State agency would not be providing free legal
services, immigration or naturalization. The legislation
proposes an Office to facilitate discussion and
communications between individuals who want to work in a
free society and the situations that impede them. He
stressed that the Office is intended to assist and
facilitate communication in employment opportunities. That
is not the work of the federal government.
Representative Fate inquired if the intent was primarily to
help with citizenship and/or jobs. He was concerned that it
might create competition for local residents attempting to
get jobs. Representative Weyhrauch acknowledged that was a
possibility, however, the intent is citizenship assistance.
A State employee would not be allowed to discriminate over
race or color, noting that some of these people have
difficulty even speaking English.
Vice Chair Meyer inquired if such an office has ever
existed. Representative Weyhrauch explained that Senator
Kelly from Fairbanks previously introduced a bill, which
went nowhere. Vice Chair Meyer understood that there had
been a similar position within Legislative Affairs.
Representative Weyhrauch clarified that in 2000, Senator
Halford, then the Senate President, created a job service
through legislative funding to help with that type of
concern and at that time, the Legislature saw it as
valuable.
Vice Chair Meyer asked if it should be relocated in
Legislative Affairs Agency and then it could be helped
through Legislative influence. Representative Weyhrauch
commented that placing it there would not necessarily remove
the struggles of bureaucracy. The intent of the bill is to
guarantee that the position is created.
In response to Vice Chair Meyer's query, Representative
Weyhrauch commented that it is important to have the Office
as a matter of policy within State government. There is an
understanding in the Executive Branch that it is important
for such an agency to act in a cohesive, consistent and
ongoing manner. Vice Chair Meyer agreed that the position
should exist, however, thought that it should remain under
legislative jurisdiction.
Representative Hawker pointed out that presently, there is
the State Ombudsmen's Office. He thought that the service
proposed in HB 379 could be performed within that Office
with the existing budget. Representative Weyhrauch
responded that was possible, however, that Office does not
approach the same issues addressed by the legislation. The
State Ombudsmen's Office is generally staffed by an American
U.S. citizen and most often deals with issues of the
Executive Branch. The proposed Office would help those that
need assistance with either employment or interpretive
services to assist in dealing with employment problems. He
acknowledged that it does have an "ombudsmen's flavor" and
noted that had been considered as a potential option but it
became obvious that it was different and did not fit for
those specific specialized services.
Representative Hawker referenced the fiscal note, which
would fund one range 17 employee and office supplies. The
largest line item is interpreter fees. He asked if
directing the Ombudsmen's Office to undertake the mission,
then instead of a $112 thousand dollar fiscal note, allocate
them $24 thousand dollars for the interpreter fees and the
use of their office supplies. Representative Weyhrauch
noted that he did question the assumptions of the fiscal
note. He recommended that the fiscal costs be directed to
the Department of Labor & Workforce Development.
Co-Chair Harris asked if the position had ever been seated
within the Department of Labor & Workforce Development
before. Representative Weyhrauch stated that the Department
has worked hard to accommodate these types of issues and
requested that Commissioner O'Claray address that.
Representative Weyhrauch interjected that it is not just one
particular nationality or group of people involved, noting
that he was astonished at how many foreigners come to
Alaska. Most often these people work extremely hard,
sometimes having three jobs.
GREG O'CLARAY, COMMISSIONER, DEPARTMENT OF LABOR, commented
on the bill and requested that Mr. Bell address the fiscal
concerns identified by the Committee members.
GUY BELL, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES,
DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT, commented that
the fiscal note had been modeled after the bill sponsored by
Senator Kelly from three years ago. That note was
substantially larger than the proposed note. It had two or
three positions associated with it and included
substantially higher travel and operating costs because it
would have established offices in both Juneau and Anchorage.
That note was used as the starting point. Mr. Bell reminded
members that there is very restrictive use of monies that
the Department receives from the federal government. The
request had to become a general fund cost, as it is a
special service beyond what is authorized in the federal
program. It was determined that one position would be
needed and located in Juneau with a limited travel budget
for a few trips to Anchorage and other parts of the State, a
contractual budget for basic office costs, and the
interpreter service costs. He called that service a "soft"
item as it is not known what services will be required. He
noted the possibility that the Office might be able to find
volunteers for that service. Mr. Bell thought that they
could lower the interpreter service portion of the note from
$24 thousand dollars to $4 thousand dollars.
Mr. Bell concluded that the position would be located in the
Commissioners Office on the basis that it should report
directly to the Commissioner rather than a division
director, given the broad range of responsibilities.
Co-Chair Williams asked if the note would be reduced. Mr.
Bell responded that the Department would reduce it by $20
thousand dollars.
Co-Chair Harris inquired if an interpreter would be making
$120 dollars an hour. Mr. Bell replied that the dollar
number of the proposed note had been taken from the previous
bill and the assumption was not questioned. He reiterated
that it was a soft cost.
Co-Chair Harris thought the bill was a good idea, noting
that he would support the bill with the reduction to the
fiscal note. Representative Weyhrauch inquired if the
supply and furnishing dollar amount had come from the
Legislative Affairs note. Mr. Bell replied that had been
the Department's own internal determination for a personal
computer, a printer and basic phones. The Department felt
it would be appropriate to have some basic information
material printed and produced and a description of services
the office would offer. He added that those are the cost
components that are standard when creating any type of
Office. Representative Weyhrauch pointed out that there
currently are desks and cubical spaces in the office
buildings. He thought that since they already exist, why
could they not be moved.
Representative Chenault proposed that HB 379 might be
special legislation. He referenced the total operating
costs for FY06, which are different from what is requested
in the funding source. Mr. Bell embarrassingly noted that
the Department had made an addition mistake and that the
cost should have been $106.1 thousand dollars.
Representative Chenault indicated his support of the bill
acknowledging the difficulty that these people experience.
Representative Hawker referenced language indicating what
the Office intends to accomplish. He asked if there already
were operations in the State system that could address these
concerns. Commissioner O'Claray acknowledged that each job
center does offer a wide array of resources on a limited
basis. The Office proposed in the legislation would be
focused on particular problems.
Representative Hawker pointed out that this is a statewide
issue. He inquired if spreading the mission to the outline
job centers throughout the State could further reduce the
fiscal note. He warned that since the problem is statewide,
how would the remote sites access the information.
Commissioner O'Claray responded that with the installation
of a fax machine and email systems, the Office could be
specifically focused.
Representative Hawker asked if there were federal or any
other source funds available for this activity.
Commissioner O'Claray replied that there are not and that
the services mostly are intended to deal with Immigration
and Naturalization Service (INS).
Representative Fate asked if there were ways to identify
people seeking citizenship in other areas of the State and
outside of Juneau. Commissioner O'Claray replied that they
could absolutely handle those cases. The bill provides
additional services beyond what is normally addressed in the
job centers and is intended to provide more intensive core
services rather than routine employment services.
MARIO LIM, JUNEAU, commented that he had been the first
person who manned the Office through Legislative Affairs.
He stressed that the need is enormous. There is a comradery
within the minorities with a deep dislike of the white
people because of how difficult things have been in the
past. Mr. Lim pointed out that there is no one in the State
supporting the people with these types of concerns. He
pointed out that these people are also helping to support
the State. He emphasized that there is an enormous need for
the people that cannot speak English and as a minority,
there is a tremendous amount of discrimination. He urged
that the bill be adopted, as it is a statewide issue.
Vice Chair Meyer asked where his work is done. Mr. Lim
replied that his work is done statewide. Vice Chair Meyer
questioned if the position would be better located in
Anchorage where the larger population lives. Mr. Lim
responded that in the age of technological assistance, the
position could be located anyplace statewide.
SAL LUMBA, IMMIGRATION GROUP, JUNEAU, urged support for the
legislation.
Representative Foster MOVED to report HB 379 out of
Committee with individual recommendations and with the
adjusted new fiscal note. There being NO OBJECTION, it was
so ordered.
HB 379 was reported out of Committee with a "do pass"
recommendation and with a new fiscal impact note by the
Department of Labor & Workforce Development.
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