HB 142-NATIVE ORGANIZATIONS VPSO & TANF PROGRAMS  2:19:18 PM CHAIR CLAMAN announced that 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." 2:19:45 PM REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State Legislature, said HB 142 is a technical fix bill" relating to the Village Public Safety Officer (VPSO) and Temporary Assistance for Needy Families (TANF) programs that have been administered for decades by the Central Council of Tlingit and Haida Indian Tribes of Alaska (CCTHITA). He explained that the current statutes authorizing partnerships with regional native nonprofit organizations such as Tanana Chiefs Conference allow those organizations to administer the VPSO and TANF programs. The problem, he said, is that CCTHITA has a different legal identity than the other regional native nonprofit organizations and is therefore technically not eligible to partner with SOA to administer those programs. He noted that CCTHITA is already administering VPSO and TANF programs and has without incident for a long time. He said the issue was recently realized between the Department of Public Safety (DPS) and CCTHITA. He added that both sides are keen to resolve it. He explained that HB 142 would adjust the statutes to add another category of eligible entity that would encompass CCTHITA so that it can legally continue to administer the VPSO and TANF programs. CHAIR CLAMAN disclosed for the record that his wife works as General Counsel to the Cook Inlet Tribal Council (CITC), a regional native nonprofit organization. He said he does not believe CITC has any financial interest in HB 142 and that his wife's employment does not create a conflict. He explained his intention was to make the record clear. 2:22:25 PM REPRESENTATIVE EASTMAN said there are over a dozen organizations that qualify as "Alaska Native organizations. He asked how many of those organizations want to have VPSOs. He noted that he does not think any of them currently have VPSOs. REPRESENTATIVE KREISS-TOMKINS said he is not aware of any organizations other than CCTHITA that have an interest in administering the VPSO and/or TANF programs. 2:23:22 PM CHAIR CLAMAN opened public testimony on HB 142. RALPH WOLFE, 5th Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska, said he is speaking on behalf of Richard Peterson, President of CCTHITA. He echoed what Representative Kreiss-Tomkins said about HB 142 being a technical fix to an issue relating to the VPSO and TANF programs. He said CCTHITA has been administering those programs for 20 years. He explained that in 2018 the VPSO program was administered via a corporation established by CCTHITA. He said this setup created administrative difficulties. He explained that the TANF program has been administered through an agreement with the understanding that a technical fix would be made to the statute. He restated that CCTHITA has already been administering these programs and said it has endeavored to achieve long-term productivity. He said DOL has determined that there would be no negative impact to the enactment of HB 142. 2:25:41 PM CHAIR CLAMAN, after ascertaining that no one else wished to testify, closed public testimony on HB 142. 2:26:08 PM REPRESENTATIVE EASTMAN asked whether it is the prime sponsor's intent for HB 142 to relate solely to CCTHITA or if he intends to open a potential new avenue for other organizations to administer VPSOs. REPRESENTATIVE KREISS-TOMKINS said the intent of the bill "is just looking at [CCTHITA]. He characterized CCTHITA's organizational structure as distinct, explaining that it was recognized by the federal government as a regional tribal organization - "an actual sovereign government" well before the Alaska Native Claims Settlement Act (ANCSA) was signed into law. He said the goal of the bill is to encompass only CCTHITA since the other regional nonprofits are partnering at present and without incident with SOA on these programs. CHAIR CLAMAN posited that HB 142 would put CCTHITA on the same level as other organizations that currently could choose to participate in the VPSO program, so the bill would not change the eligibility of other organizations. He said it would put CCTHITA on par with other similarly situated organizations because CCTHITA is defined differently by the federal government. REPRESENTATIVE KREISS-TOMKINS said that is correct. He clarified that it would put CCTHITA "on par with [SOA]" given SOA is ultimately funding the programs. CHAIR CLAMAN suggested that if there were another organization listed in the present statute that wanted to contract with the state for a VPSO program, it could do that already. He said the difference with HB 142 is that it would place CCTHITA on the same level as those other organizations. He said it would not require CCTHITA to reach agreement with SOA, but it would allow it to do so. REPRESENTATIVE KREISS-TOMKINS said that is an accurate summary. 2:28:26 PM REPRESENTATIVE EASTMAN said that is different from what he heard earlier. He noted that there are 13 organizations listed in AS 47.27.070. He asked, "Do we want to solidify in statute that each of these organizations can be running the VPSO program in their various areas and so forth?" REPRESENTATIVE KREISS-TOMKINS consulted AS 47.27.070. He asked Representative Eastman to restate his question. REPRESENTATIVE EASTMAN addressed lines 28 and 29 on page 2 of the bill, located in Section 4. He said the language therein would add a new definition of "Alaska Native organization" that draws in the list of organizations in AS 47.27.070. He asked how the prime sponsor would feel about grandfathering CCTHITA in to VPSO and TANF eligibility rather than impacting the other statutes. He cited the potential for other implications and the fact that there is no desire to change the way the other organizations operate. REPRESENTATIVE KREISS-TOMKINS said he would have to consider that proposal. He explained that HB 142 was generated through a partnership between DOL, DPS, and CCTHITA, plus private counsel retained by CCTHITA. He said HB 142 was the final product of several months of conversations and negotiations between all stakeholders. He said all the stakeholders knew what they wanted to accomplish; it was just a question of the right means to accomplish it. He remarked that he would not want to "upset the apple cart" given that HB 142 represents a settlement between different stakeholders. He said he would prefer to stay with the bill as presently structured. He noted that he is not able to speak for the other entities that agreed on the language of the bill. REPRESENTATIVE EASTMAN said he would like to talk to those stakeholders to discuss whether an amendment is necessary. 2:32:00 PM The committee took a brief at-ease from at 2:32 p.m. 2:32:23 PM CHAIR CLAMAN announced that HB 142 would be held for further review. He expressed uncertainty that the bill would be taken up again during the current session. He explained the process through which members may submit amendments. REPRESENTATIVE KREISS-TOMKINS quipped that he fully expects the governor to put HB 142 on the call for a special session.