ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                        February 3, 2005                                                                                        
                           8:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Co-Chair                                                                                             
Representative Bill Thomas, Co-Chair                                                                                            
Representative Pete Kott                                                                                                        
Representative Gabrielle LeDoux                                                                                                 
Representative Mark Neuman                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 25                                                                                                               
"An  Act  relating  to  the sharing  of  fisheries  business  tax                                                               
revenue  with  municipalities;  and providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - FAILED TO MOVE OUT OF COMMITTEE                                                                                          
                                                                                                                                
HOUSE BILL NO. 69                                                                                                               
"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."                                                                                                                
                                                                                                                                
     - MOVED HB 69 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  25                                                                                                                  
SHORT TITLE: REFUND OF FISH BUSINESS TAX TO MUNIS                                                                               
SPONSOR(S): REPRESENTATIVE(S) SEATON                                                                                            
                                                                                                                                
01/10/05       (H)       PREFILE RELEASED 12/30/04                                                                              
01/10/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/10/05       (H)       CRA, FIN                                                                                               
01/20/05       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
01/20/05       (H)       Heard & Held                                                                                           
01/20/05       (H)       MINUTE(CRA)                                                                                            
02/03/05       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
BILL: HB  69                                                                                                                  
SHORT TITLE: PUBLIC ASSISTANCE PROGRAMS                                                                                         
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/12/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/12/05       (H)       CRA, HES, FIN                                                                                          
02/03/05       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE PAUL SEATON                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As the sponsor of HB 25, answered                                                                          
questions.                                                                                                                      
                                                                                                                                
MICHAEL KAMPNICH, Harbormaster                                                                                                  
City of Craig                                                                                                                   
Craig, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 25.                                                                             
                                                                                                                                
JEFF CURRIER, Manager                                                                                                           
Lake & Peninsula Borough                                                                                                        
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified that he didn't agree with the                                                                    
rationale of HB 25.                                                                                                             
                                                                                                                                
CHRIS HLADICK, Manager                                                                                                          
City of Unalaska                                                                                                                
Unalaska, Alaska                                                                                                                
POSITION STATEMENT:  Expressed concerns with HB 25.                                                                             
                                                                                                                                
JULIE DECKER, Executive Director                                                                                                
Southeast Alaska Regional Dive Fisheries Association (SARDFA)                                                                   
Wrangell, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 25.                                                                             
                                                                                                                                
VALERY McCANDLESS, Mayor                                                                                                        
City of Wrangell                                                                                                                
Wrangell, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 25.                                                                             
                                                                                                                                
BOB JUETTNER, Administrator                                                                                                     
Aleutians East Borough                                                                                                          
Sand Point, Alaska                                                                                                              
POSITION STATEMENT:  Testified on HB 25.                                                                                        
                                                                                                                                
CLARK CORBRIDGE, Manager                                                                                                        
City of King Cove                                                                                                               
King Cove, Alaska                                                                                                               
POSITION STATEMENT:  Expressed concerns with HB 25.                                                                             
                                                                                                                                
KATHERINE FARNHAM, Director                                                                                                     
Division of Public Assistance                                                                                                   
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented HB 69 on behalf  of the governor,                                                               
sponsor.                                                                                                                        
                                                                                                                                
SHARON OLSEN, Director                                                                                                          
Employment and Training                                                                                                         
Tlingit-Haida Central Council                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During discussion  of  HB  69,  discussed                                                               
Tlingit-Haida Central Council's NFAP and its future plans.                                                                      
                                                                                                                                
MOLLY MERRIT-DUREN, Director                                                                                                    
Employment Training Services                                                                                                    
Cook Inlet Tribal Council (CIRI)                                                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    During discussion  of  HB  69,  discussed                                                               
CIRI's  desire  to become  a  temporary  assistance provider  for                                                               
tribal families.                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  BILL THOMAS  called the  House  Community and  Regional                                                             
Affairs  Standing  Committee  meeting  to order  at  8:05:32  AM.                                                             
Representatives Olson,  Thomas, Kott, LeDoux, Neuman,  and Salmon                                                               
were  present  at  the  call to  order.    Representative  Cissna                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB  25-REFUND OF FISH BUSINESS TAX TO MUNIS                                                                                   
                                                                                                                                
CO-CHAIR THOMAS announced that the  first order of business would                                                               
be  HOUSE  BILL NO.  25,  "An  Act  relating  to the  sharing  of                                                               
fisheries   business  tax   revenue   with  municipalities;   and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CO-CHAIR  OLSON  moved to  adopt  CSHB  25, Version  24-LS0169\F,                                                               
Utermohle,  1/28/05, as  the working  document.   There being  no                                                               
objection, Version F was before the committee.                                                                                  
                                                                                                                                
8:06:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PAUL SEATON,  Alaska State  Legislature, sponsor,                                                               
noted  that  the  committee  packet  should  include  letters  of                                                               
support  and  charts.    He  reminded  the  committee  that  this                                                               
legislation only addresses the portion  of the fisheries business                                                               
tax  for those  fish  landed  in a  municipality  or borough  and                                                               
exported  unprocessed.   The legislation  doesn't  change the  50                                                               
percent of  the fisheries business  tax for those  fish processed                                                               
in the state or for those  processed within the state but outside                                                               
of  a municipality.   Representative  Seaton turned  attention to                                                               
the document entitled "Distribution of  Fish Business Tax on Fish                                                               
Exported Unprocessed" that  is based on the estimate  of what the                                                               
2005 return  will be, which is  $743,000.  The more  recent chart                                                               
specifies  the  actual [return]  for  2004,  which was  $534,000.                                                               
Therefore, there has been growth.   Representative Seaton pointed                                                               
out  that  the  committee  packet should  also  include  a  chart                                                               
showing  the  growth  of  the  program going  back  to  1999.  In                                                               
response  to concerns  that he  has heard,  Representative Seaton                                                               
explained that formula  takes the tax generated  across the state                                                               
and proportionally distributes  that to each of  the 14 fisheries                                                               
management areas based  on total poundage processed  in the area.                                                               
"Within that  management area then  there's another  formula that                                                               
distributes generally  it's 50  percent based  on an  equal share                                                               
basis, each  community applying and  50 percent on  population or                                                               
there's  a longer  formula that  distributes it  based on  actual                                                               
impacts," he explained.  This  legislation addresses the division                                                               
between  the management  areas so  that  the tax  generated in  a                                                               
particular  area would  return to  that area  rather than  to the                                                               
location  of the  largest  amount of  poundage  processed in  the                                                               
state.                                                                                                                          
                                                                                                                                
8:11:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX inquired  as to the impacts  to a community                                                               
when fish  are landed in  a community  but not processed  in that                                                               
community.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON   specified  that   [the  impact   to  the                                                               
community could be the use  of infrastructure to prepare the fish                                                               
to  be shipped  out fresh],  which would  include cranes,  harbor                                                               
facilities, washing  facilities, et cetera.   For example, troll-                                                               
dressed  salmon landed  in Juneau  [and  exported elsewhere]  are                                                               
unprocessed per  the Department of Natural  Resources' definition                                                               
of  processed.   The location  within  the state  where fish  are                                                               
processed would receive the revenue,  the 50 percent split.  This                                                               
legislation  doesn't impact  the aforementioned.   He  reiterated                                                               
that this  legislation only  impacts that  fish which  is brought                                                               
into a  community and then  exported [out of  state] unprocessed.                                                               
If the  fish is processed outside  of the state, the  tax base is                                                               
lost  although the  price for  that unprocessed  "fresh" fish  is                                                               
higher.    He  mentioned  that  there  has  been  review  of  the                                                               
possibility  of coordinating  DNR's definition  of processed  and                                                               
the   Department   of   Revenue's  definition,   however,   those                                                               
definitions serve different purposes.                                                                                           
                                                                                                                                
8:14:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   expressed  concern  because   she  can't                                                               
identify which  communities will  win and  which will  lose under                                                               
this  legislation.   She expressed  further concern  that smaller                                                               
communities   may   be   disproportionately  impacted   by   this                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  clarified that  this [formula]  isn't tied                                                               
to the  size of the  community.   He informed the  committee that                                                               
DOR  hasn't collected  data  in a  manner by  which  it could  be                                                               
broken  down   [by  community].     Furthermore,  confidentiality                                                               
requirements  specify  that  DOR can't  provide  a  community-by-                                                               
community breakdown unless there are  three major processors in a                                                               
community.     Still,  this  legislation  specifies   that  taxes                                                               
generated  in a  community will  be shared  with that  community.                                                               
Therefore,  those communities  dealing more  in high  value fresh                                                               
marketing will  have the tax  returned to the community,  such as                                                               
would be  the case with Chignik.   He turned to  the community of                                                               
Unalaska  and   the  Bering   Sea  rationalization,   which  many                                                               
anticipate will  result in  more King crab  being flown  out live                                                               
because  it's a  higher  value product.    As the  aforementioned                                                               
happens, the  direct tax  benefit from that  50 percent  is lost.                                                               
He acknowledged that  [Unalaska] is the largest port  in the area                                                               
by poundage,  which the distribution  formula favors.   Fisheries                                                               
have  grown  away  from  the  state's  tax  structure,  he  said.                                                               
Representative  Seaton explained  that  in  1991 the  legislature                                                               
decided that 50 percent of the  raw fish tax would be distributed                                                               
back to  the local communities  where the processing  took place.                                                               
At that  time everything was  processed in Alaska.   However, now                                                               
fisheries  have  moved toward  fresh  fish  being flown  out  and                                                               
processed  elsewhere, which  results in  a higher  value for  the                                                               
fishermen.   Representative Seaton specified that  if a community                                                               
doesn't send out fresh product, then  it can't expect to have the                                                               
tax  returned.    He  informed the  committee  that  [under  this                                                               
legislation]  Kodiak  will  gain  $52,000 in  revenue  that  it's                                                               
currently  losing by  exporting unprocessed  fish outside  of the                                                               
state.                                                                                                                          
                                                                                                                                
8:21:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA inquired as  to which communities have more                                                               
than  three processors  because  such information  would seem  to                                                               
anecdotally suggest the impacts.                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON said that the  best information he has been                                                               
able to obtain  is the chart ["Distribution of  Fish Business Tax                                                               
on  Fish Exported  Unprocessed"]  in the  committee  packet.   He                                                               
pointed  out   that  most  communities  don't   have  over  three                                                               
significant processors, and therefore  due to the confidentiality                                                               
requirements  of  DOR  the  information   can't  be  released  by                                                               
community.                                                                                                                      
                                                                                                                                
8:23:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA   related  her  understanding   that  some                                                               
communities  recognize  this  problem  and already  have  a  tax.                                                               
Therefore, she questioned why this  couldn't be addressed locally                                                               
in the areas without a fish tax.                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON reiterated that the  purpose of HB 25 is to                                                               
share  the revenue  with communities  as  originally intended  in                                                               
1981.    However, the  fisheries  have  developed away  from  the                                                               
original definition  of processed fish, which  wasn't foreseen in                                                               
the original tax  distribution.  With regard to  those areas with                                                               
additional taxes,  Representative Seaton said that's  a different                                                               
question than whether the state  would want to distribute part of                                                               
its tax  money back  to the impacted  communities.   The question                                                               
becomes whether that distribution should  be to where the impacts                                                               
occur  because  the  impacted   communities  can  be  identified.                                                               
Representative  Seaton  specified that  HB  25  merely says  that                                                               
those  taxes  generated  within a  municipal  community  will  be                                                               
shared  back with  that community  rather than  being distributed                                                               
broadly based on poundages processed across the state.                                                                          
                                                                                                                                
8:27:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked if  it's  a  substantial amount  of                                                               
money for those communities negatively impacted.                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON  answered  that most  [of  the  negatively                                                               
impacted communities face  a loss] of less than $1,000.   A chart                                                               
[entitled "ESTIMATED  DCCED Payments"] reviews the  difference in                                                               
funding.    This  chart  only  shows what  comes  out  and  isn't                                                               
distributed, and  therefore one must  keep in mind that  the same                                                               
amount  will come  back  to the  communities  and be  distributed                                                               
based  on what  communities generate  the money.   Representative                                                               
Seaton  informed the  committee that  each region  can propose  a                                                               
distribution formula to  DCCED, which could mitigate  most of the                                                               
losses.                                                                                                                         
                                                                                                                                
8:30:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN surmised then that  there is a mechanism by                                                               
which those  communities that are  negatively impacted can  go to                                                               
their own local government to mitigate the [loss].                                                                              
                                                                                                                                
REPRESENTATIVE SEATON replied yes.                                                                                              
                                                                                                                                
8:30:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if that  would be  true of  all the                                                               
negatively  impacted communities,  including  the communities  in                                                               
the Lake  & Peninsula Borough.   She further asked if  the Lake &                                                               
Peninsula   Borough  would   receive   more   money  under   this                                                               
legislation, and  thus the communities  within the  borough could                                                               
[seek help from the] borough.                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON  specified  that   the  Lake  &  Peninsula                                                               
Borough is  an aggregate area.   "When you  take the tax  back to                                                               
the communities that generate the  revenue," the Alaska Peninsula                                                               
aggregate  area  is  going  to lose  revenue  because  under  the                                                               
current  distribution   formula  the  large  volume   of  fishery                                                               
poundage generated in Unalaska results  in Unalaska receiving the                                                               
taxes  generated  in   northern  Southeast,  southern  Southeast,                                                               
Kodiak,  and Kenai.   Therefore,  the tax  shifts from  the areas                                                               
generating the  revenue to the largest  port.  He noted  that the                                                               
Lake  &  Peninsula  can  change its  formula  to  accentuate  the                                                               
smaller communities.                                                                                                            
                                                                                                                                
8:33:43 AM                                                                                                                    
                                                                                                                                
MICHAEL KAMPNICH,  Harbormaster, City of Craig,  related the City                                                               
of  Craig's  support  for  HB  25.   Craig  is  a  small  coastal                                                               
community  where commercial  fishing  is important  to the  local                                                               
economy.   Mr. Kampnich informed  the committee that the  City of                                                               
Craig operates three  harbors, two docks with cranes,  and an ice                                                               
house.     The  aforementioned  facilities,  as   well  as  other                                                               
facilities,  support  the commercial  fishing  fleet.   Over  the                                                               
years, the  revenue the City of  Craig has received from  the raw                                                               
fish tax  has been used  to purchase equipment and  materials for                                                               
the harbor facilities  and have also been used  as matching funds                                                               
for  larger  harbor  or  marine-related  projects  the  city  has                                                               
undertaken.    As  the  fishing industry  has  bounced  back,  an                                                               
increasing amount  of fish are  being shipped out because  of the                                                               
demands  for quicker  delivery  and higher  quality.   While  the                                                               
aforementioned  is  good for  fishermen  and  the industry  as  a                                                               
whole, it has left the City  of Craig with a decreasing string of                                                               
revenue  from the  fisheries business  tax.   In conclusion,  Mr.                                                               
Kampnich said,  "House Bill 25  reestablishes the  important link                                                               
between   fishery  landings   and   revenues   received  by   the                                                               
communities.   This, at  a time  when it  is more  important than                                                               
ever for communities  to support the industry in  their effort to                                                               
produce the highest quality product possible."                                                                                  
                                                                                                                                
8:36:20 AM                                                                                                                    
                                                                                                                                
JEFF  CURRIER, Manager,  Lake  &  Peninsula Borough,  highlighted                                                               
that  under this  proposal  there would  be  negative impacts  on                                                               
about 100 communities in the  state.  He further highlighted that                                                               
69 percent of the funding  being shifted through this legislation                                                               
comes from  the Alaska Peninsula.   Furthermore, this comes  at a                                                               
time  when  most  of  communities, particularly  in  the  Lake  &                                                               
Peninsula Borough, face failing prices.   Mr. Currier stated that                                                               
he  doesn't agree  with the  rationale  behind this  legislation.                                                               
Mr.   Currier  requested   the   committee   give  very   careful                                                               
consideration to HB 25.                                                                                                         
                                                                                                                                
8:38:08 AM                                                                                                                    
                                                                                                                                
CHRIS  HLADICK,  Manager,  City  of Unalaska,  said  that  he  is                                                               
confused  with DOR's  numbers because  one can't  really see  the                                                               
winners, although  the losers are  obvious.  He pointed  out that                                                               
the City of  Unalaska stands to lose $180,000,  and therefore the                                                               
City  of Unalaska  isn't going  to be  in favor  of HB  25.   Mr.                                                               
Hladick said although he could  understand communities wanting to                                                               
capture  some  tax  of  exported unprocessed  fish,  he  said  he                                                               
couldn't  understand  it   if  it's  at  the   expense  of  other                                                               
communities.  In closing, Mr.  Hladick related that the mayor and                                                               
city council of the City of Unalaska will be against HB 25.                                                                     
                                                                                                                                
8:40:00 AM                                                                                                                    
                                                                                                                                
JULIE DECKER, Executive Director,  Southeast Alaska Regional Dive                                                               
Fisheries Association  (SARDFA), related  SARDFA's support  of HB                                                               
25.  She  highlighted that the market is demanding  more live and                                                               
fresh seafood.   For example,  the geoduck fishery  has increased                                                               
live shipments to over 90 percent  of the annual quota, which has                                                               
increased  the  value  by  about   300  percent.    However,  the                                                               
communities  that  have  supported [development  of  the  geoduck                                                               
industry]  are  being  penalized  because the  tax  on  the  live                                                               
seafood is being redistributed  to coastal communities throughout                                                               
the  state.   She  didn't  believe  the aforementioned  is  fair.                                                               
Furthermore, the communities have  to provide much infrastructure                                                               
for [fresh  seafood to  be exported].   She echoed  the sponsor's                                                               
earlier  comments  that the  marketplace  has  changed since  the                                                               
implementation of the fisheries business tax.                                                                                   
                                                                                                                                
8:42:26 AM                                                                                                                    
                                                                                                                                
VALERY McCANDLESS,  Mayor, City of Wrangell,  related support for                                                               
HB 25.   As is the case in many  communities in Southeast Alaska,                                                               
Wrangell is in a transitioning  economy.  The fishing industry is                                                               
also  making  a  transition  and   shipping  more  live  product.                                                               
Although this  live product would be  classified as "unprocessed"                                                               
fish, it impacts  the local community through use of  a myriad of                                                               
services.   Therefore, it's  very important  to capture  this tax                                                               
revenue stream,  particularly in light  of the lack  of municipal                                                               
revenue sharing  funds.  "It  is critical  for us to  capture the                                                               
fair level of  taxes for what is really happening  in the fishing                                                               
industry,"  she   emphasized.    Ms.  McCandless   commended  the                                                               
sponsors  for  bringing  this legislation  forward  because  it's                                                               
important  that laws  reflect  what is  really  happening in  the                                                               
fishing industry.                                                                                                               
                                                                                                                                
8:44:26 AM                                                                                                                    
                                                                                                                                
BOB  JUETTNER, Administrator,  Aleutians East  Borough, commented                                                               
that  all  coastal  communities share  common  concerns  and  are                                                               
dealing  with a  lot  of infrastructure  to  support the  fishing                                                               
industry.   Mr.  Juettner indicated  that in  the Aleutians  East                                                               
Borough  there  is  only one  industry,  the  commercial  fishing                                                               
industry.   Therefore, everything done  in the borough  is geared                                                               
toward the  commercial fishing industry, which  has changed [over                                                               
the years].   Mr. Juettner suggested that this is  a local issue.                                                               
He  informed the  committee that  the communities  on the  Alaska                                                               
Peninsula tax the  fishing industry at all levels.   Mr. Juettner                                                               
further  suggested  that  the  committee   needs  to  review  the                                                               
definition of  "processed" and [write]  the legislation  in terms                                                               
of passing the  test of time not just a  current change in market                                                               
conditions.  In conclusion, Mr.  Juettner emphasized the need for                                                               
the law to match reality.                                                                                                       
                                                                                                                                
8:48:36 AM                                                                                                                    
                                                                                                                                
CLARK CORBRIDGE,  Manager, City  of King Cove,  said that  he has                                                               
the same concerns as Mr. Juettner  articulated.  The City of King                                                               
Cove  has a  lot of  infrastructure that  is impacted  by vessels                                                               
coming in but  not processing the fish in King  Cove, such as the                                                               
port and  harbor facilities, water,  sewer, and  support services                                                               
like emergency  and police.   Therefore, the loss of  revenue due                                                               
to HB 25 will significantly impact  King Cove.  He predicted that                                                               
the  passage of  HB  25 will  have a  devastating  impact on  the                                                               
communities smaller  than King Cove  where the revenue  lost will                                                               
proportionally be a greater portion of the community's budget.                                                                  
                                                                                                                                
8:50:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN inquired  as  to  how serious  communities                                                               
will be impacted.                                                                                                               
                                                                                                                                
MR.  CORBRIDGE related  that information  he  has indicates  that                                                               
passage of  the current version  of HB  25 will result  in places                                                               
such  as  Cold Bay  and  False  Pass  losing  about half  of  the                                                               
revenues they  currently receive.   He noted  that both  Cold Bay                                                               
and False Pass have no revenue to lose.                                                                                         
                                                                                                                                
8:50:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  said she  didn't feel comfortable  with HB                                                               
25 without  figures.  She  opined that it's difficult  to believe                                                               
that no  more specific figures  can be obtained to  determine the                                                               
winners and losers.   Therefore, she said she would  be remiss in                                                               
passing out HB 25.                                                                                                              
                                                                                                                                
8:51:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  concurred with Representative  LeDoux, and                                                               
questioned  whether there  has not  been  discussion with  enough                                                               
communities   to  mollify   those   who  have   concerns.     She                                                               
acknowledged that  the fishing  industry has  changed enormously.                                                               
Therefore, it's probably  good to take time with  this matter and                                                               
perhaps have a subcommittee work on it.                                                                                         
                                                                                                                                
8:53:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  OLSON moved  to report  CSHB  25, Version  24-LS0169\F,                                                               
Utermohle,   1/28/05,   out    of   committee   with   individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
8:53:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX objected.                                                                                                 
                                                                                                                                
8:54:02 AM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Neuman, Olson, and                                                               
Thomas voted in favor of  reporting CSHB 25, Version 24-LS0169\F,                                                               
Utermohle, 1/28/05,  out of  committee.   Representatives Cissna,                                                               
Salmon, Kott, and  LeDoux voted against it.   Therefore, CSHB 25,                                                               
Version F, failed  to be reported out of the  House Community and                                                               
Regional Affairs Standing Committee by a vote of 3-4.                                                                           
                                                                                                                                
                                                                                                                                
HB  69-PUBLIC ASSISTANCE PROGRAMS                                                                                             
                                                                                                                                
8:54:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS announced that the  final order of business would                                                               
be  HOUSE BILL  NO. 69,  "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."                                                                                 
                                                                                                                                
                                                                                                                                
8:55:33 AM                                                                                                                    
                                                                                                                                
KATHERINE  FARNHAM,  Director,  Division  of  Public  Assistance,                                                               
Department  of  Health  and  Social  Services  (DHSS),  began  by                                                               
explaining  the Temporary  Assistance for  Needy Families  (TANF)                                                               
program, which is  a federally funded program that  is matched by                                                               
state dollars  at a maintenance  of effort  level.  The  TANF was                                                               
revamped significantly  after the  welfare reform of  1996, which                                                               
allowed for  block grants  to states  for the  monies that  go to                                                               
needy families in  order to provide cash  assistance and benefits                                                               
into a  welfare to work  program.  She  referred to a  chart that                                                               
illustrated  the success  of  that block  grant  program and  the                                                               
welfare  reform  initiative.   She  informed  the committee  that                                                               
Alaska's program [TANF]  has won three years  of high performance                                                               
bonuses based  on the success  of employing Alaskans who  were on                                                               
welfare.  Since  the peak [of welfare assistance]  in April 1984,                                                               
there has been  a reduction of 58 percent in  the number of cases                                                               
on welfare.  The aforementioned  saves the state $66.1 million in                                                               
cash benefits.                                                                                                                  
                                                                                                                                
MS. FARNHAM  explained that the  same law in 1996  allowed tribal                                                               
organizations to  run similar tribal  or community/regional-based                                                               
TANF programs.  About 37  tribal TANF organizations are operating                                                               
nationwide,  of which  three are  in Alaska.   In  order for  the                                                               
tribal organizations to have a  program that's fair and equitable                                                               
to  the state's  program, the  legislature decided  to include  a                                                               
state  component in  the  tribal programs,  which  is the  Native                                                               
Family  Assistance  Program (NFAP).    In  2000, the  legislature                                                               
established NFAP with  a sunset of June 30, 2005.   The following                                                               
four regions were  designated as able to establish  a tribal TANF                                                               
program:     Tanana  Chiefs  Conference,   Tlingit-Haida  Central                                                               
Council, Association  of Village  Council Presidents  (AVCP), and                                                               
Metlakatla Indian Community.   The first three  have been running                                                               
programs  since 1999-2000.    Ms. Farnham  pointed  out that  the                                                               
federal  law allows  all 12  regional  nonprofits and  Metlakatla                                                               
Indian Community  to run a  tribal TANF program.   However, state                                                               
law   only   allows   for    the   aforementioned   four   tribal                                                               
organizations.                                                                                                                  
                                                                                                                                
MS.  FARNHAM pointed  out that  the same  state law  required the                                                               
division to submit  a report to the  legislature highlighting the                                                               
relative merits  and successes of  the tribal TANF program.   The                                                               
report  highlights  the  successes  of  the  three  programs  and                                                               
reinforces  the  notion  that flexibility  and  local  control  -                                                               
knowing the  families and economies  - make for a  stronger, more                                                               
successful program.  In fact,  the tribal organizations are doing                                                               
a  better job  than  the  state in  very  rural  areas where  the                                                               
economic  challenge   is  very   significant.     Therefore,  the                                                               
administration is in support of  making NFAP permanent in statute                                                               
and offering  it to  all 12  regional nonprofits  and Metlakatla,                                                               
which would then match the federal legislation.                                                                                 
                                                                                                                                
MS. FARNHAM noted that  HB 69 has a fiscal note  that is based on                                                               
new   tribal  organizations,   specifically  Cook   Inlet  Tribal                                                               
Council, who  have expressed a  strong interest in  running their                                                               
own  program.   The Cook  Inlet Tribal  Council has  been working                                                               
with  the state  since  May 2004  to prepare  for  a tribal  TANF                                                               
serving  Alaska  Native  and American  Indian  residents  in  the                                                               
Anchorage area.   The aforementioned is  a significant population                                                               
and would  form one of the  nation's largest TANF programs.   The                                                               
fiscal note  identifies how  current federal  funds going  to the                                                               
state for  that population  would be  reduced because  that money                                                               
would go directly to Cook Inlet  Tribal Council.  She pointed out                                                               
that  since  the federal  block  grant  would drop,  the  state's                                                               
maintenance of effort  level would drop and  produce general fund                                                               
(GF) savings for  the state.  Ms. Farnham  informed the committee                                                               
that  two other  regions, Bristol  Bay Native  Association (BBNA)                                                               
and Maniilaq  Association, are seriously reviewing  this and have                                                               
issued  letters   to  the  federal  government   and  the  state.                                                               
Therefore,  with  the passage  of  this  legislation there  could                                                               
potentially be six  regions with tribal TANF programs  by the end                                                               
of fiscal year 2006.                                                                                                            
                                                                                                                                
9:02:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SALMON inquired  as to  the amount  of the  state                                                               
match.                                                                                                                          
                                                                                                                                
MS. FARNHAM answered  that the maintenance of effort  level is 75                                                               
percent of  the federal block  grant, and offered to  provide the                                                               
committee with the specific amount after some staff work.                                                                       
                                                                                                                                
9:03:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN   related  his  understanding   that  this                                                               
legislation would  lower the amount  the state is  providing, and                                                               
then asked if the state will receive more federal money.                                                                        
                                                                                                                                
MS.  FARNHAM   confirmed  that   this  legislation   reduces  the                                                               
maintenance of  effort requirement, which  is the GF match.   The                                                               
state  will not  increase the  federal  amount it  receives.   In                                                               
fact, the federal  amount the state receives would  be reduced if                                                               
Cook Inlet Tribal  Council establishes a NFAP because  it will go                                                               
directly  to Cook  Inlet Tribal  Council.   Specifically, the  GF                                                               
reduction  as a  function of  the  Cook Inlet  transfer would  be                                                               
about $2 million,  and the federal reduction is  $2.8 million and                                                               
will go directly to Cook Inlet Tribal Council in the future.                                                                    
                                                                                                                                
9:05:16 AM                                                                                                                    
                                                                                                                                
MS.  FARNHAM returned  to Representative  Salmon's question,  and                                                               
specified  that the  current maintenance  of effort,  GF, is  $41                                                               
million, which is 75 percent of  the federal amount.  The federal                                                               
amount the  state receives  is roughly $60  million.   In further                                                               
response  to Representative  Salmon, Ms.  Farnham specified  that                                                               
the  GF component  to Tanana  Chiefs Conference  is $2.4  million                                                               
annually, Tlingit-Haida  Central Council  is about  $2.6 million,                                                               
and AVCP  is about $3.7  million.  The  annual cost for  the NFAP                                                               
for those three organizations is $8.7 million in state funds.                                                                   
                                                                                                                                
9:06:49 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS  surmised then that  the four fiscal  notes total                                                               
$8.7 million.                                                                                                                   
                                                                                                                                
MS. FARNHAM explained  that the four fiscal notes  are the result                                                               
of different components  of money changing.  For  example, one of                                                               
the fiscal  notes reflects the  fact that the federal  money will                                                               
be  taken out  of  the state  and given  directly  to Cook  Inlet                                                               
Tribal Council.   Another  fiscal note  pertains to  taking state                                                               
funds  and  moving  those  to  the NFAP  for  Cook  Inlet  Tribal                                                               
Council.   Furthermore,  there  is a  fiscal  note pertaining  to                                                               
child support  collections, which is  built in to the  funding of                                                               
the  some of  the TANF  programs.   There is  also a  fiscal note                                                               
pertaining to  child care  benefits.  Ms.  Farnham noted  that no                                                               
fiscal  note is  necessary  for the  three  existing tribal  TANF                                                               
programs, assuming continuation of the legislation.                                                                             
                                                                                                                                
9:08:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  surmised that  this successful  model, the                                                               
TANF program, is  replicated in other communities,  and the state                                                               
saves money in  terms of the fact that the  state doesn't perform                                                               
what is now  done by the local  entities.  She asked  if there is                                                               
also  a  savings  because  the   state  is  dealing  with  Native                                                               
organizations.     She  recalled  that  the   federal  government                                                               
increases  its participation  if  [the state]  works with  Indian                                                               
Health Service (IHS) entities.                                                                                                  
                                                                                                                                
MS.  FARNHAM confirmed  that it's  a  reduction in  funds to  the                                                               
state,  but  not  an  increase   in  the  shift  to  the  federal                                                               
government.    The  amount  of  the block  grant  to  the  Native                                                               
organizations  is based  on the  1994 families  on welfare.   The                                                               
exact amount the state would've  received for that block grant is                                                               
passed  on  to the  Native  organization  on a  dollar-for-dollar                                                               
basis.  Ms. Farnham related that  the model is to provide as much                                                               
wrap  around, family-oriented  services  as  possible, which  has                                                               
been better done by the tribal organizations.                                                                                   
                                                                                                                                
9:10:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  related  her  understanding  that  [those                                                               
communities with a NFAP] would provide all the welfare services.                                                                
                                                                                                                                
MS. FARNHAM  answered that  in the  three regions  that currently                                                               
have  NFAP, the  tribal organization  serves all  of its  tribal,                                                               
Native  families.   In the  western region  where AVCP  operates,                                                               
AVCP is  contracted by  the state  to serve  all Native  and non-                                                               
Native needs in the region.   The same approach is anticipated in                                                               
Bristol  Bay,  she  related.   However,  the  Cook  Inlet  Tribal                                                               
Council will  serve all  Alaska Natives  and American  Indians in                                                               
the region.   In further  response to Representative  LeDoux, she                                                               
reiterated  that   to  whom  the  tribal   organization  provides                                                               
services would vary by region.                                                                                                  
                                                                                                                                
                                                                                                                                
9:13:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT related  his understanding  that two  Native                                                               
nonprofits  are in  the process  of being  authorized to  provide                                                               
assistance  under  the  Native   Family  Assistance  grant.    He                                                               
inquired as to who those Native nonprofits are.                                                                                 
                                                                                                                                
MS.  FARNHAM reiterated  that currently  there  are three  Native                                                               
regional  nonprofits  [providing   assistance  under  the  Native                                                               
Family Assistance grant].  She  specified that [the division] has                                                               
been working  with Cook Inlet Tribal  Council cooperatively since                                                               
May while  [the division] has  just begun  to work with  BBNA and                                                               
Maniilaq Association over the last couple of months.                                                                            
                                                                                                                                
9:14:26 AM                                                                                                                    
                                                                                                                                
SHARON  OLSEN, Director,  Employment and  Training, Tlingit-Haida                                                               
Central  Council,  related  that  Tlingit-Haida  Central  Council                                                               
serves all  of Southeast Alaska.   Tlingit-Haida  Central Council                                                               
serves the  health, education, employment,  and human  and public                                                               
service needs of more than  25,000 tribal members, of which about                                                               
4,000 are  under age  18.   She informed  the committee  that the                                                               
Tlingit-Haida Central  Council TANF  program was the  second such                                                               
program to be in operation.   The organization averages 360 cases                                                               
per month.   She noted  that less  than 18 percent  of households                                                               
Tlingit-Haida Central  Council served are  two-parent households.                                                               
The  Tlingit-Haida  Central  Council TANF  program  estimates  an                                                               
additional 300 potential clients due  to child support.  Although                                                               
there  may be  increases in  case  loads, there  are measures  in                                                               
place to thwart that burden,  which is a very effective diversion                                                               
program.    She  related  that one  reason  there  are  increased                                                               
caseloads  is  because  the  organization  is  present  in  every                                                               
community  in the  region.   Tlingit-Haida Central  Council   has                                                               
been able to operate the  program with existing funds, she noted.                                                               
Ms. Olsen  said that it  has been a  challenge to operate  a TANF                                                               
program in  an area with  such high unemployment.   She mentioned                                                               
the lack of training and meaningful employment.                                                                                 
                                                                                                                                
MS.  OLSEN turned  to the  flexibility that  the Native  programs                                                               
bring to TANF.   For example, the  fatherhood initiative attempts                                                               
to   reconnect    fathers   with   children   and    meet   their                                                               
responsibilities in  supporting their children.   She pointed out                                                               
that Tlingit-Haida  Central Council recently received  a two-year                                                               
planning grant  to offer a  tribal support unit to  undertake the                                                               
[child] support services  for the region.   The aforementioned is                                                               
important to  add, she opined.   She informed the  committee that                                                               
of the  13 regions  in Alaska, only  one hasn't  consolidated the                                                               
U.S. Department  of Labor, Bureau  of Indian Affairs,  and Health                                                               
and Human  Services funds  into one program,  one grant,  and one                                                               
reporting system.   That consolidation means  an organization can                                                               
do  more, which  was noted  in a  recent Office  of Management  &                                                               
Budget  report which  rated the  Public Law  102-477 tribes  were                                                               
higher  than   all  other  programs  within   the  Department  of                                                               
Interior.   Furthermore,  Tlingit-Haida Central  Council received                                                               
the  Chiefs  Award from  the  Department  of Labor  [&  Workforce                                                               
Development] because  of the ability to  provide thorough reports                                                               
in a  timely fashion.   She mentioned  that Alaska  grantees have                                                               
worked closely through the Alaska  Native Coalition on Employment                                                               
and Training.                                                                                                                   
                                                                                                                                
9:21:41 AM                                                                                                                    
                                                                                                                                
MS.  OLSEN  highlighted  Tlingit-Haida Central  Council's  Tribal                                                               
Vocational  Rehabilitation  (TVR)  program, which  furthers  what                                                               
it's doing with TANF families.   A recent study related that one-                                                               
third of  individuals receiving employment-related  services from                                                               
other programs such as TANF  have specific learning disabilities.                                                               
As  the TVR  program  partners more  extensively  with TANF,  the                                                               
number with disabilities  served by TVR is  expected to increase.                                                               
She  informed  the  committee that  Alaska  Natives  rank  second                                                               
highest  in  the state  with  children  with disabilities.    She                                                               
related that  those students  who can't pass  their exit  exam at                                                               
high  school  will  be  TANF  and  TVR  clients  in  the  future.                                                               
Therefore, it's important to  continue what Tlingit-Haida Central                                                               
Council  has begun.   She  noted that  the Tlingit-Haida  Central                                                               
Council TVR  center was built  to prepare for welfare  reform and                                                               
offers life,  office, basic computer, financial  planning skills,                                                               
as well as other specialized  training.  In conclusion, Ms. Olsen                                                               
urged the  passage of  HB 69,  and encouraged  the state  to work                                                               
directly with [the tribal organizations']  TANF and child support                                                               
programs  in  order to  ensure  families  receive the  assistance                                                               
necessary and more families become self-sufficient.                                                                             
                                                                                                                                
9:23:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  highlighted  [from  Ms.  Olsen's  written                                                               
testimony]  that all  regions in  Alaska, save  Maniilaq are  not                                                               
operating under Public Law 102-477.                                                                                             
                                                                                                                                
MS. OLSEN  pointed out that  it's a voluntary program,  and noted                                                               
that Maniilaq  will be consolidated  and [operating  under Public                                                               
Law 102-477] very soon.   She opined that they weren't [operating                                                               
under Public  Law 102-477]  because they  were much  smaller than                                                               
other regions.                                                                                                                  
                                                                                                                                
9:24:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT turned  to  Tlingit-Haida Central  Council's                                                               
child support  enforcement program.   He surmised that  Ms. Olsen                                                               
wasn't  suggesting that  the Child  Support Enforcement  Division                                                               
would decentralize  its functions  to the  Native entity,  but he                                                               
requested she comment.                                                                                                          
                                                                                                                                
MS.  OLSEN  specified  that  a   [federal]  law  recently  passed                                                               
allowing tribes  in the U.S.  to operate their own  child support                                                               
enforcement programs.  First, up  to a two-year grant was offered                                                               
to allow  tribes to research  and prepare for  the implementation                                                               
of a  child support enforcement  program.   Tlingit-Haida Central                                                               
Council is  in the  first-year planning grant  stage and  will be                                                               
meeting  with  the  state  next  week  to  review  memorandum  of                                                               
agreements.  If this program  enhances what is already being done                                                               
[by Tlingit-Haida Central Council], then it will be pursued.                                                                    
                                                                                                                                
9:26:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT  surmised then that the  current state system                                                               
could be  decentralized and the  tribal organizations  could take                                                               
over child support enforcement.                                                                                                 
                                                                                                                                
MS. OLSEN replied  yes, and highlighted that  the organization is                                                               
already working with these families.                                                                                            
                                                                                                                                
9:27:34 AM                                                                                                                    
                                                                                                                                
MOLLY MERRIT-DUREN, Director,  Employment Training Services, Cook                                                               
Inlet  Tribal Council  (CIRI), informed  the committee  that Cook                                                               
Inlet  Tribal Council  serves  the Anchorage  area  and the  CIRI                                                               
villages.   She  reviewed the  services CIRI  provides, including                                                               
those  related  to employment  and  training,  child and  family,                                                               
substance abuse, and education.   Ms. Merrit-Duren said that CIRI                                                               
is  poised  and  would  like to  become  a  temporary  assistance                                                               
provider for tribal  families.  She highlighted that  many of the                                                               
Native  nonprofits,  such  as  CIRI,  have  been  providing  case                                                               
management for welfare  to work participants.  In  fact, CIRI has                                                               
been  doing the  aforementioned  for over  eight  years, with  an                                                               
average case load of 600-800  participants.  By becoming a tribal                                                               
TANF, CIRI would add the eligibility  piece.  She noted that CIRI                                                               
has worked closely with AVCP,  Tlingit-Haida Central Council, and                                                               
TCC, and  have been encouraged  that this  is the right  thing to                                                               
do.  She  noted that CIRI is also a  consolidated Public Law 102-                                                               
477 provider, which provides additional flexibility.                                                                            
                                                                                                                                
MS. MERRIT-DUREN  informed the committee  that the  original 1994                                                               
caseload  in Anchorage  for Alaska  Natives and  American Indians                                                               
was 1,123.   As of November  2004, the caseload was  692.  During                                                               
this  timeframe  Anchorage  has experienced  a  large  influx  of                                                               
Alaska  Natives   and  American   Indians.    Also   during  this                                                               
timeframe, CIRI was able to  help to decrease the Native American                                                               
and  American Indian  caseload by  62 percent.   She  highlighted                                                               
that many Native nonprofits are  sophisticated organizations.  In                                                               
fact,  CIRI  is   a  provider  of  accounting   services  for  39                                                               
nonprofits in the community of  Anchorage.  Furthermore, CIRI has                                                               
no financial single audit findings.   Additionally, CIRI provides                                                               
information  technology  services  for  five  nonprofits  in  the                                                               
Anchorage area.                                                                                                                 
                                                                                                                                
9:33:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN moved  to report  HB 69  out of  committee                                                               
with  individual  recommendations  [and the  accompanying  fiscal                                                               
notes].   There being no objection,  HB 69 was reported  from the                                                               
House Community and Regional Affairs Standing Committee.                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community and Regional Affairs Standing Committee meeting was                                                                   
adjourned at 9:33:35 AM.