Legislature(2019 - 2020)GRUENBERG 120
01/27/2020 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| 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 |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
January 27, 2020
1:49 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Chuck Kopp
Representative Louise Stutes
Representative Gabrielle LeDoux
Representative Laddie Shaw
Representative David Eastman
MEMBERS ABSENT
Representative Harriet Drummond
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."
- HEARD & HELD
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
WITNESS REGISTER
ERIN HARRINGTON, Staff
Representative Jonathon Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Kreiss-Tomkins,
prime sponsor, explained the changes from HB 142 that would be
made by a proposed committee substitute.
KENDRI CESAR, Outside Counsel
Central Council Tlingit & Haida Indian Tribes of Alaska
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
142.
ACTION NARRATIVE
1:49:37 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:49 p.m. Representatives LeDoux, Shaw,
Kopp, and Claman were present at the call to order.
Representatives Stutes and Eastman arrived as the meeting was in
progress.
HB 142-NATIVE ORGANIZATIONS TANF PROGRAM
[Contains discussion of HB 42.]
1:50:23 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."
1:50:47 PM
ERIN HARRINGTON, Staff, Representative Jonathon Kreiss-Tomkins,
Alaska State Legislature, explained the changes from HB 142 that
would be made by a proposed committee substitute. She explained
that the first four sections of HB 142 address the Village
Public Safety Officer (VPSO) program and were "rolled into the
crime omnibus that was passed last year." She said that left
only Section 5 in the bill, which addresses administration of
the Temporary Assistance for Needy Families (TANF) by Alaska
Native organizations. The remaining language is what makes up
the proposed committee substitute (CS), [Version 31-LS0535\G,
Marx, 1/23/20, included in the committee packet].
1:52:55 PM
MS. HARRINGTON stated that the proposed CS would repeal AS
47.27.070(c), which read as follows:
(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. HARRINGTON said the language in [subsection](a),
[paragraph](10) clearly shows the intent is to allow Central
Council Tlingit & Haida Indian Tribes of Alaska ("Tlingit &
Haida") to administer TANF; however, [subsection] (c) prohibits
Tlingit & Haida from doing so, because Tlingit & Haida is a
tribe rather than a regional nonprofit, such as Tanana Chiefs
Conference and Kodiak Area Native Association. She noted that
[subsection] (a), in particular, is modeled on federal
legislation that was passed in 1996. She relayed that although
the Department of Law (DOL) and the Department of Health and
Social Services (DHSS) would not be testifying on HB 142, she
had spoken with representatives from both departments, who
helped to find a solution to the problem of [subsection] (c).
That solution, to repeal AS 47.27.070(c), is what the proposed
committee substitute would do.
1:56:06 PM
CHAIR CLAMAN offered his understanding that the four
aforementioned sections that would be removed under the proposed
CS were enacted in law under HB 49.
1:56:22 PM
REPRESENTATIVE KOPP moved that the House Judiciary Standing
Committee adopt the proposed committee substitute (CS) for HB
142, Version 31-LS0535\G, Marx, 1/23/20, as a work draft. There
being no objection, Version G was before the committee.
1:56:55 PM
REPRESENTATIVE LEDOUX questioned who identified the problem that
Version G would address.
1:57:22 PM
MS. HARRINGTON deferred to representatives from Tlingit & Haida.
1:58:18 PM
KENDRI CESAR, Outside Counsel, Central Council Tlingit & Haida
Indian Tribes of Alaska, explained that Tlingit & Haida receives
grants from the State of Alaska and works with DHSS. She said
presently Tlingit & Haida is at the end of a three-year grant.
The issue came to light for the first time at the beginning of
that grant application period. She said that is when Tlingit &
Haida worked with DOL to pursue "a statutory fix in the three
years of this grant period." In response to a follow-up
question from Representative LeDoux, she confirmed that the
departments have no position on the issue, although they
assisted in bringing the issue to light and finding a solution.
1:59:49 PM
REPRESENTATIVE KOPP ascertained that Tlingit & Haida was formed
in 1936. He offered his understanding that "the state was not
recognizing tribes at that time as formal governments"; that is
why the nonprofits were created. He asked whether the changes
made regarding the VPSO program were similar to the change being
discussed that would allow Tlingit & Haida [to manage TANF.]
2:01:51 PM
MS. CESAR responded that there is a similarity, even though "the
statutory issue was a little bit different." She said the crux
of the issue is that Tlingit & Haida has never been a nonprofit
but is a regional tribe. She said the regional approach to
delivery of services in Southeast Alaska is different, in that
Southeast Alaska Regional Health Consortium (SEARHC), the tribal
health organization, is focused on health care services, while
Tlingit & Haida, Southeast, focuses on social services and the
VPSO program. She said this is unique to Southeast Alaska. She
echoed Ms. Harrington's remark that federal statute authorizes
numerous tribal health organizations and Tlingit & Haida.
2:02:41 PM
REPRESENTATIVE KOPP summarized that the problematic language,
which would be repealed under Version G, is the reference to a
nonprofit entity. He noted that Ms. Cesar had pointed out that
Tlingit & Haida has been running [TANF] for decades as a tribe.
2:03:12 PM
CHAIR CLAMAN questioned whether Tlingit & Haida would risk
losing state funding for some of its programs if this statutory
change is not made.
2:03:23 PM
MS. CESAR surmised that Tlingit & Haida would work with "the
department" for another solution, but she does not know what
that solution would be.
2:03:38 PM
CHAIR CLAMAN questioned whether if another entity came along and
offered programs, then the legislature would have to change the
statute again.
2:04:39 PM
MS. CESAR responded that federal law allows Lower 48 tribes to
operate TANF, and there is a special rule in Alaska allowing
regional tribal health organizations and Tlingit & Haida to run
the program. She surmised that [the federal law] does not
currently open the door for other organizations to run the
program; therefore, a federal statutory fix may be required if
another entity was interested in running the program.
2:05:17 PM
CHAIR CLAMAN concluded that since it would be federal law that
would need to be changed, there is no point in giving the option
"for somebody else to come in" [under Alaska statute]. He
added, "And then we'll have enough time to wake up and do
whatever the feds did."
2:05:49 PM
MS. CESAR responded, "Yes."
2:05:59 PM
REPRESENTATIVE EASTMAN asked whether the intent is to "open that
door so that some other organization in the future can walk
through it."
2:06:05 PM
MS. CESAR answered no. She clarified that [Version G] simply
would remove a requirement from state statute that was not in
federal law to allow Tlingit & Haida to continue to "carry out
the [TANF] program."
2:06:16 PM
REPRESENTATIVE STUTES questioned whether there is something that
would preclude Tlingit & Haida from forming its own nonprofit to
fit into the existing category.
2:06:30 PM
MS. CESAR answered that Tlingit & Haida has never operated as a
nonprofit corporation, and to do so would add "another layer of
bureaucracy, significant time and expense, and change to the
structure, without actually adding value to services." She
added, "That is something that we discussed with the department
early on when this issue was identified and why we agreed that a
statutory fix was necessary."
2:06:57 PM
REPRESENTATIVE LEDOUX said she would like to hear from DOL as to
the process of identifying a problem, working with Tlingit &
Haida to solve the problem, and then not taking a position
regarding the solution.
2:07:26 PM
MS. CESAR offered her understanding that DOL had not been
available for today's meeting, but may be available on
Wednesday.
2:07:35 PM
CHAIR CLAMAN questioned who, from DOL, might likely be available
to come before the committee on Wednesday.
2:07:46 PM
MS. HARRINGTON offered her understanding that the person from
DOL would be Stacie Kraly, who was involved on this issue and
works on matters relating to health and social services.
2:08:31 PM
REPRESENTATIVE LEDOUX requested that whoever comes before the
committee from the department be equipped to answer her
question.
2:08:42 PM
MS. HARRINGTON said she and Ms. Kraly had a conversation "about
this very thing, this morning," but she stated she does not want
to "characterize their position." She told Representative
LeDoux that she would ensure someone from DOL was prepared to
answer her question.
2:09:32 PM
CHAIR CLAMAN announced that HB 142 was held over.
2:10:30 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:10 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 |