HB 142-NATIVE ORGANIZATIONS VPSO & TANF PROGRAMS  8:54:53 AM CHAIR ZULKOSKY announced 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." 8:55:19 AM REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State Legislature, paraphrased from the following sponsor statement [original punctuation provided]: House Bill 142 addresses ambiguity in law by clarifying which Alaska Native organizations are eligible to administer Village Public Safety Officer (VPSO) programs and Alaska Native family assistance programs. The Central Council of the Tlingit & Haida Indian Tribes of America (Tlingit & Haida) has operated Southeast Alaska's VPSO and Alaska Native family assistance programs for nearly 20 years. However, Tlingit & Haida has a different legal identity than the regional nonprofit corporations around Alaska (e.g., AVCP, Kawerak, TCC) that administer VPSO and/or family assistance programs, owing to Tlingit & Haida's status as a federally recognized tribe. Tlingit & Haida is not a regional nonprofit corporation, despite regularly being mistakenly referred to as one. House Bill 142 amends current statute to resolve this ambiguity and make fully explicit and unambiguous that Tlingit & Haida can administer VPSO and/or family assistance programs in partnership with the State of Alaska. 8:56:47 AM JOHN SCANLON, Staff, Representative Jonathan Kreiss-Tomkins, Alaska State Legislature, stated currently, nonprofit regional corporations and "rural areas" are eligible to administer the VPSO program; HB 142 would add "Alaska Native organizations" to those eligible. There are 13 entities that are currently eligible to administer Alaska Native family assistance programs and adding Alaska Native organizations to those eligible would add Metlakatla and Tlingit & Haida. The technical change made by HB 142 does not add any other entities to the original 13 regional nonprofit corporations listed in statute, but would ensure all are authorized to administer Alaska Native family assistance programs. He explained the ambiguity occurs because Tlingit & Haida is a federally-recognized Tribe and not a regional nonprofit corporation, and thus is not technically authorized to administer the program[s]. Mr. Scanlon said the following organizations and agencies have favorably reviewed the bill: Tlingit & Haida; the Department of Public Safety (DPS); the Department of Health and Social Services (DHSS); the Department of Law (DOL). CHAIR ZULKOSKY said although the sponsor has characterized the bill as a narrow, technical change, the size and scope of the work done by Tlingit & Haida in Southeast leads one to think of Tlingit & Haida as similar to one of the regional nonprofits; however, as a legal entity, Tlingit & Haida is a federally- recognized Tribe. She asked for confirmation that the bill would only apply to Tlingit & Haida and the Metlakatla Indian Community. MR. SCANLON clarified, as it relates to the VPSO program, HB 142 would add Tlingit & Haida and Metlakatla as entities eligible to administer the program, in partnership with DPS. As it relates to the Alaska Native family assistance program[s], HB 142 ensures that the 13 entities currently listed in statute are legally authorized to administer the program[s]. 9:00:55 AM REPRESENTATIVE VANCE pointed out the Department of Commerce, Community & Economic Development recognizes Tlingit & Haida as a nonprofit corporation, which would fulfil the requirements to administer the VPSO program. MR. SCANLON deferred the question. 9:02:11 AM ANDREW MERRILL, Captain, Commander, "C" Detachment, VPSO Program, Division of Alaska State Troopers, DPS, informed the committee he manages the VPSO program and is captain of "C" Detachment. [Due to recording difficulties, a portion of the audio was lost.] CAPTAIN MERRILL recalled last year a VPSO and Tlingit & Haida were sued over actions by the VPSO; during the lawsuit, Tlingit & Haida exercised sovereign immunity and was removed from the civil suit. In the judge's ruling of the lawsuit, the state was repeatedly noticed that technically, Tlingit & Haida was not a Native nonprofit as defined in regulations or statute. Captain Merrill explained at that time DPS and Tlingit & Haida recognized the need to correct the issue, and one step in the process to become compliant was for Tlingit & Haida to establish nonprofit status with DCCED. REPRESENTATIVE VANCE questioned whether Tlingit & Haida is now in compliance with the VPSO requirements. CAPTAIN MERRILL said yes. Tlingit & Haida is established as a nonprofit and is legally within compliance of the regulation and statute. 9:05:26 AM RICHARD PETERSON, President, Central Council of the Tlingit & Haida Indian Tribes of Alaska (Tlingit & Haida), in further response to Representative Vance, said Tlingit & Haida complied by registering as a nonprofit, albeit at some administrative expense. He opined it is in the interest of the state and Tlingit & Haida to complete the "statutory fix" within HB 142, which is housekeeping and noncontroversial. He then continued to his invited testimony and stated Tlingit & Haida has administered the VPSO and [Alaska Native family assistance programs/Temporary Aid to Needy Families (TANF)] program successfully for over 20 years through grant agreements with the state. The programs are vital for all of Southeast: TANF is operated for the entire region from Ketchikan to Yakutat; VPSO is operated through a grant agreement with DPS and interest from local communities. Mr. Peterson said Tlingit & Haida has done a good job for over 20 years overcoming obstacles to the programs; in fact, as a regional Tribe, Tlingit & Haida is "uniquely situated" to provide these services for Southeast, and although it is not a consortium of Tribes, Tlingit & Haida is directly connected to the affected communities. He restated Tlingit & Haida is not defined as a Tribal nonprofit and seeks a simple and efficient statutory correction to achieve compliance. Mr. Peterson acknowledged there are ongoing budgetary issues concerning TANF and VPSO programs; however, HB 142 has been discussed with DOL and DHSS and no issue, concern, or controversy has been raised. 9:09:52 AM CHAIR ZULKOSKY questioned whether Tlingit & Haida would face problems managing the VPSO program were the bill [not to pass]. MR. PETERSON said Tlingit & Haida would have additional costs associated with changes to its management operations. He restated Tlingit & Haida's existing management operation has been a successful model for over 20 years. CHAIR ZULKOSKY surmised [without passage of HB 142] Tlingit & Haida would anticipate an increase in administrative costs and thereby decreased funding for the VPSO program. MR. PETERSON agreed there would be additional costs for the VPSO and TANF programs. 9:11:12 AM CHAIR ZULKOSKY opened public testimony on HB 142. After ascertaining no one wished to testify, public testimony was closed, and HB 142 was held over.