Legislature(2005 - 2006)HOUSE FINANCE 519

04/18/2005 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 51 PUBLIC ASSISTANCE PROGRAMS TELECONFERENCED
Moved Out of Committee
+ SB 93 FISHING PERMIT AND VESSEL LICENSE FEES TELECONFERENCED
Heard & Held
+ SB 155 APPROP: SCHOOLS/UNIV/VIROLOGY LAB/MUSEUM TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
CS FOR SENATE BILL NO. 51(FIN)                                                                                                
                                                                                                                                
     "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;    relating    to    paternity                                                                   
     determinations and genetic  testing involving recipients                                                                   
     of  assistance  under Alaska  Native  family  assistance                                                                   
     programs; and providing for an effective date."                                                                            
                                                                                                                                
KATHERINE FARNHAM, DIVISION OF  PUBLIC ASSISTANCE, DEPARTMENT                                                                   
OF HEALTH AND SOCIAL SERVICES,  related the background of the                                                                   
Temporary  Assistance  for Native  Families  (TANF)  program.                                                                   
She  described  the results  of  the  Welfare to  Work  bill.                                                                   
Twelve   regional   native   non-profit   organizations   and                                                                   
Metlakatla  were  designated   to  run  temporary  assistance                                                                   
programs.   State funds  were made  available along  with the                                                                   
federal  funds.    She explained  the  Alaska  Native  Family                                                                   
Assistance Program  and the sunset  date.  SB 51  would allow                                                                   
this program  to become  permanent and  would expand  it from                                                                   
the four  initial organizations,  to the thirteen  designated                                                                   
by the  federal government. The  end results have  been great                                                                   
successes with a 66 percent caseload reduction.                                                                                 
                                                                                                                                
1:52:39 PM                                                                                                                    
                                                                                                                                
Ms. Farnham  addressed the fiscal  notes.  She  described the                                                                   
efforts  of Cook  Inlet Tribal  Council  to take  on 600  new                                                                   
families.   This would change  the funding scenario  starting                                                                   
July 1.  There would be a reduction  of $2 million in general                                                                   
fund match,  as well as  a reduction  of $2.8 million  in the                                                                   
federal receipt  authority.   She referred  to a chart  "FY06                                                                   
Budget  Impact for  State-CITC  Transfer",  which showed  the                                                                   
effects  of the fiscal  notes  (copy on file.)   The  federal                                                                   
share goes  directly to  Cook Inlet  and reduces the  state's                                                                   
federal  temporary assistance  receipts.   The  state has  to                                                                   
match 75 percent of the federal  block grant with maintenance                                                                   
of effort  general funds.   As the  federal floor  lowers, so                                                                   
does the state match.  She highlighted  the advantages of the                                                                   
Cook  Inlet  program.    Maniilaq   and  Bristol  Bay  Native                                                                   
Association  are   also  planning  to  start   up  their  own                                                                   
programs.  She urged passage of SB 51.                                                                                          
                                                                                                                                
1:57:19 PM                                                                                                                    
                                                                                                                                
Representative  Kelly noted that  tribal governments  are not                                                                   
recognized  in Alaska.   He asked  why they  are included  in                                                                   
this funding.  Ms. Farnham explained  that the language used,                                                                   
"tribal  TANF program",  is from  the federal  level, and  in                                                                   
Alaska they  are regional Native  non-profit programs.   Each                                                                   
receiving     grantee    waives     sovereignty     immunity.                                                                   
Representative  Kelly  asked  if  it  has no  impact  on  the                                                                   
sovereignty issue.  Ms. Farnham  replied yes.  Representative                                                                   
Kelly  suggesting  calling  them 501(c)(3)'s.    Ms.  Farnham                                                                   
replied that they are.  Representative  Kelly maintained that                                                                   
it is a misuse of federal language.   Ms. Farnham pointed out                                                                   
that in the  actual statutory language "regional  Native non-                                                                   
profits" is used.                                                                                                               
                                                                                                                                
2:00:33 PM                                                                                                                    
                                                                                                                                
Representative  Croft  stressed  that Alaska  does  recognize                                                                   
tribes, just not  as governmental entities, for  the purposes                                                                   
of receiving federal monies.   Representative Kelly expressed                                                                   
concern about allowing Indian  Reservations to be established                                                                   
in Alaska.                                                                                                                      
                                                                                                                                
2:02:20 PM                                                                                                                    
                                                                                                                                
Ms. Farnham noted that "tribal"  is used appropriately in the                                                                   
bill.                                                                                                                           
                                                                                                                                
Representative  Kelly  clarified that  he  is not  commenting                                                                   
negatively on the merits of the program.                                                                                        
                                                                                                                                
2:03:29 PM                                                                                                                    
                                                                                                                                
Representative  Holm   asked  why  Metlakatla   is  mentioned                                                                   
separately.    Ms.  Farnham  explained  that it  was  a  late                                                                   
addition to  the program.   She noted  that not all  regional                                                                   
non-profits have  the capacity  to participate in  a program.                                                                   
Representative  Holm  asked  if  Sealaska  Corporation  is  a                                                                   
participant.   She replied that  Tlingit & Haida  serves this                                                                   
area and  the state serves  Metlakatla.  Representative  Holm                                                                   
noted that Metlakatla is a federal reservation.                                                                                 
                                                                                                                                
2:05:33 PM                                                                                                                    
                                                                                                                                
In  response  to  a  question  from  Co-Chair  Chenault,  Ms.                                                                   
Farnham reported that "fair and  equitable" is a process that                                                                   
examines  caseloads for  what the state  currently spends  on                                                                   
those families  for work services,  child support, etc.   Co-                                                                   
Chair  Chenault  asked  if  that is  for  the  three  largest                                                                   
grantees.   Ms. Farnham replied  it is for the  three current                                                                   
grantees and  will be  used for Cook  Inlet, also.   Co-Chair                                                                   
Chenault  asked if  race is a  factor.   Ms. Farnham  replied                                                                   
that the  aim is to assure  that native nonprofits  can serve                                                                   
the families  in a way that is  at least as well  financed as                                                                   
when it was run by the state.                                                                                                   
                                                                                                                                
2:08:14 PM                                                                                                                    
                                                                                                                                
MOLLY  MERRITT DUREN,  EMPLOYMENT &  TRAINING SERVICES,  COOK                                                                   
INLET TRIBAL  COUNCIL  (CITC), pointed  out that her  program                                                                   
has been providing case management  services for eight years.                                                                   
She  referred  to the  handout  "Cook Inlet  Tribal  Council"                                                                   
(copy on file.)  She described  the reductions since the 1994                                                                   
caseload.  She related the mission  of the tribal council and                                                                   
the services they provide.  She  indicated that CITC is ready                                                                   
to assume this responsibility.                                                                                                  
                                                                                                                                
2:11:44 PM                                                                                                                    
                                                                                                                                
Representative  Hawker endorsed the  program and  thanked Ms.                                                                   
Merritt Duren for her hard work.                                                                                                
                                                                                                                                
2:12:34 PM                                                                                                                    
                                                                                                                                
DON  SHIRCEL,  DIRECTOR  OF FAMILY  SERVICES,  TANANA  CHIEFS                                                                   
CONFERENCE,  spoke with  pride  about the  work  done by  the                                                                   
tribes of  the interior.   He testified  in support of  SB 51                                                                   
because  it allows for  continuation and  expansion of  these                                                                   
programs.                                                                                                                       
                                                                                                                                
2:15:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault asked for an  explanation of fiscal note #1                                                                   
by  the  Department  of  Health  and  Social  Services.    He                                                                   
wondered  if some  of the money  is federal  money that  goes                                                                   
back to  the grant  recipient.  He  suggested there  might be                                                                   
general fund  savings.   He wondered  if any state  employees                                                                   
would be lost.                                                                                                                  
                                                                                                                                
2:17:40 PM                                                                                                                    
                                                                                                                                
Ms. Farnham responded that some  federal money is leaving the                                                                   
department's budget  and going directly  to Cook Inlet.   She                                                                   
explained  the   transfer  and  real  savings.     The  first                                                                   
component  is  the Native  Family  Assistant  Program,  which                                                                   
increases by  $4 million.  She  pointed out that  each fiscal                                                                   
note has a summary.                                                                                                             
                                                                                                                                
Ms. Farnham explained  that the second fiscal  note, the work                                                                   
services  component  related  to  case  management,  shows  a                                                                   
reduction of  $1.3 million because  of a move from  grants to                                                                   
contracts.                                                                                                                      
                                                                                                                                
Ms. Farnham explained  that the third fiscal  note relates to                                                                   
childcare  benefits.  It  will no  longer be spent  directly,                                                                   
but will be part  of the Cook Inlet program.   This note does                                                                   
the best  job of integrating the  whole story.  It  shows the                                                                   
reduction  of federal  receipts because  of high  performance                                                                   
success.  The match  is at 75 percent.  It  is a $5.7 million                                                                   
general fund reduction.                                                                                                         
                                                                                                                                
2:24:16 PM                                                                                                                    
                                                                                                                                
Representative  Croft questioned  that number.   Ms.  Farnham                                                                   
replied  that the  net  numbers show  that  the general  fund                                                                   
reduction is actually $2 million.   Cook Inlet is the largest                                                                   
one that  will be operating  this way.  Representative  Croft                                                                   
asked how the difference between  the $5.7 million and the $2                                                                   
million is reconciled.  Ms. Farnham  replied that the largest                                                                   
difference is that  $3.6 million is being transferred  to the                                                                   
native  family assistance  component.   Representative  Croft                                                                   
summarized that  it is not  a savings  of $5.7 million.   Ms.                                                                   
Farnham replied that the $2 million is the net savings.                                                                         
                                                                                                                                
Representative  Foster  asked  how  non-native  families  are                                                                   
served in rural  areas.  Ms. Farnham replied that  there is a                                                                   
contract to serve  both natives and non-natives.   She termed                                                                   
it valuable  to work with AVCP  as a partner.  This  may work                                                                   
for  Bristol Bay  as well.   Representative  Foster asked  if                                                                   
there is  an administrative  fee.   Ms. Farnham related  that                                                                   
there is an acceptable small fee.   It funds only two things:                                                                   
cash benefits to the family and administrative expenses.                                                                        
                                                                                                                                
2:28:16 PM                                                                                                                    
                                                                                                                                
Representative  Holm noted that  CITC numbers have  gone from                                                                   
1,000  to 600.   He  inquired  if there  is  true savings  in                                                                   
employment and  if those in  state employment  are considered                                                                   
unbiased and those  in corporations, biased.   He wondered if                                                                   
state  and  federal   funds  should  be  put   into  facility                                                                   
providers that would have a bias.   Ms. Farnham addressed the                                                                   
impact to  state workers.  She  reported that there  would be                                                                   
no reduction  in state  employees and  personnel.   Caseloads                                                                   
are changing  post-welfare reform  dramatically, and  a study                                                                   
needs to be done to track the  increases and decreases.  Some                                                                   
staff rearrangements  are being  considered.  The  department                                                                   
will do an analysis to better understand the trends.                                                                            
                                                                                                                                
Ms.  Farnham addressed  the fairness  issue.   She  explained                                                                   
that  native corporations  use multiple  funding strands  and                                                                   
focus  them on  the  family.   The  department  is trying  to                                                                   
integrate  services  more  like   Cook  Inlet.    The  native                                                                   
organizations  can provide  a more integrated  program.   The                                                                   
department is looking at marketing  family centered services.                                                                   
                                                                                                                                
2:35:23 PM                                                                                                                    
                                                                                                                                
Representative   Holm   expressed    appreciation   for   the                                                                   
presentation.   He addressed a  concern about an  increase in                                                                   
staff when services  are reduced.  Ms. Farnham  explained the                                                                   
success  of the  program depends  on taking  the savings  and                                                                   
putting  it back  into services.    Some of  the families  on                                                                   
public assistance  still have serious  needs, and at  the end                                                                   
of the 5-year time limit would  need more resources.  Another                                                                   
reason is  that the agency receiving  the funds can  use them                                                                   
in a variety of ways, some of which need more employers.                                                                        
                                                                                                                                
2:39:08 PM                                                                                                                    
                                                                                                                                
Representative  Kelly asked  whether a  person employed  in a                                                                   
job out  of the  region counts,  in areas  with a 50  percent                                                                   
unemployment rate.  Ms. Farnham  responded that employment is                                                                   
employment; the end game is employment  and self-sufficiency.                                                                   
Representative  Kelly asked for  statistics on  out-of-region                                                                   
jobs.  Ms. Farnham  said they are not tracked  once they exit                                                                   
the program and are employed.                                                                                                   
                                                                                                                                
2:41:37 PM                                                                                                                    
                                                                                                                                
ELLIE FITZGARRALD,  PROGRAM DEVELOPMENT,  DIVISION  OF PUBLIC                                                                   
ASSISTANCE,  DEPARTMENT   OF  HEALTH  AND   SOCIAL  SERVICES,                                                                   
explained the successes  of the Leaver's Study.   She related                                                                   
that there is no data kept after  six months.  Representative                                                                   
Kelly suggested those would be  interesting numbers to track.                                                                   
                                                                                                                                
2:43:05 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  asked  about  the  permanence  of  the                                                                   
program.   He wondered if the  direction is wrong due  to the                                                                   
loss  of federal  funds.   Ms.  Farnham  clarified that  this                                                                   
federal  program is  not on  the  "down slope"  and has  wide                                                                   
national support.   She spoke about safeguards  and explained                                                                   
that Senate Finance  did add language to the  bill that would                                                                   
protect Alaska  from backfilling future holes.   She referred                                                                   
to  page 9,  line 19,  which addresses  this  concern.   Each                                                                   
grant  is  negotiated  annually,   and  the  program  is  not                                                                   
destined to be cut.                                                                                                             
                                                                                                                                
Representative   Foster  thanked   the  department   for  the                                                                   
presentation.   He  MOVED  to  report CSSB  51  (FIN) out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Representative  Kelly OBJECTED.   He explained that  he wants                                                                   
the  word  "tribal"  out  of   the  statutes.    Ms.  Farnham                                                                   
indicated that tribal is only  referenced in conjunction with                                                                   
the federal tribal assistance program.                                                                                          
                                                                                                                                
2:47:26 PM                                                                                                                    
                                                                                                                                
Representative Croft  noted that the 12 references  to tribal                                                                   
in the bill  are all in  the context of a  federally approved                                                                   
tribal family assistance program.                                                                                               
                                                                                                                                
Representative  Kelly   referred  to  page  3,   line  17,  a                                                                   
reference  to  operating a  tribal  assistance  program.   He                                                                   
suggested "federal"  should be added.  Ms.  Farnham explained                                                                   
the meaning of the line, noting that the intent is clear.                                                                       
                                                                                                                                
Representative  Foster  noted  that  it is  easy  to  confuse                                                                   
sovereign  and  tribal.    He  related  that  the  13  native                                                                   
corporations are tribal organizations.                                                                                          
                                                                                                                                
Representative Kelly WITHDREW  his objection.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
2:50:16 PM                                                                                                                    
                                                                                                                                
At ease.                                                                                                                        
                                                                                                                                
2:52:03 PM                                                                                                                    
                                                                                                                                

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