Legislature(2005 - 2006)CAPITOL 106
04/09/2005 09:30 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB208 | |
| HB238 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 208 | TELECONFERENCED | |
| += | HB 191 | TELECONFERENCED | |
| += | HB 238 | TELECONFERENCED | |
HB 208-STATE VETERANS' CEMETERY 9:36:29 AM CHAIR SEATON announced that the first order of business was HOUSE BILL NO. 208, "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain an Alaskan veterans' cemetery; and establishing the Alaska veterans' cemetery fund in the general fund." 9:36:40 AM REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature, as sponsor of HB 208, stated that the proposed legislation would provide veterans who live in Alaska with a place to be laid to rest. He referred to the sponsor statement [included in the committee packet]. 9:38:17 AM REPRESENTATIVE GARDNER directed attention to [a two-page e-mail in the committee packet, sent by Bill Jayne of the U.S. Department of Veterans Affairs, showing an estimate of the total grant cost for design, construction, and operating equipment for the Interior]. She suggested that the costs incurred when a veteran is buried would be a cost already incurred rather than an additional cost. REPRESENTATIVE GUTTENBERG concurred. 9:39:19 AM CHAIR SEATON offered his understanding that there would be a federal offset amount for design, construction, and operating equipment, but the state would be responsible for the land and the operation and maintenance. He asked Representative Guttenberg to discuss the plot allowance. REPRESENTATIVE GUTTENBERG said the veteran plot allowance is $300. He stated his understanding that that would cover the interment. CHAIR SEATON asked if that would depend upon whether the veteran was going to be buried at no charge by the state. DANIELLE BROWN, Staff to Representative David Guttenberg, Alaska State Legislature, on behalf of Representative Guttenberg, sponsor, clarified that the [Department of Veterans Affairs (federal - succeeded the Veterans Administration in 1989, called VA)] plot allowance is $300 per veteran, and it would include the interment. CHAIR SEATON offered clarification that the state is required to bury the veteran at no cost, at which time the plot allowance would compensate the state for conducting that burial. He asked if that statement is accurate. MS. BROWN answered in the affirmative. 9:41:25 AM REPRESENTATIVE ELKINS asked who would pay for the spouse of a veteran. 9:41:32 AM REPRESENTATIVE GUTTENBERG said he imagines anyone who is eligible would receive the plot allowance. He said the purpose of the bill is not to add or subtract to the eligibility requirements that are set by the VA. 9:41:54 AM REPRESENTATIVE LYNN asked where the proposed cemetery might be located and how the land would be acquired. 9:42:06 AM REPRESENTATIVE GUTTENBERG responded that there is no designated place. He suggested that someone could donate the property or the state could find a piece of land to purchase. He said that issue is not addressed in the bill. REPRESENTATIVE GUTTENBERG, in response to a follow-up question from Representative Lynn, said the land would need to be a minimum of 20 acres. 9:43:29 AM CHAIR SEATON asked a question regarding spouses. 9:43:43 AM MS. BROWN directed attention to [a seven-page handout included in the committee packet, entitled, "Burial & Memorial Benefits"]. She indicated that the state will mirror the national requirements. In response to a question from Chair Seaton, she pointed out that there are guidelines regarding spouses and dependents on page 5 of the handout, which detail who is eligible for burial in a national cemetery. 9:45:31 AM CHAIR SEATON, in response to a comment by Representative Elkins, stated his presumption that "non-service" means a person no longer in the active military. In response to Representatives Lynn and Gardner, he said: Everything that I've seen says [there will] be a $300 plot allowance to the veteran. There are other people that are eligible to be buried there. I just want to make sure ... that we have in the record whether the plot allowance is given to spouses [and] eligible dependents, or whether the state is required to pick up the full tab for those eligible dependents without charge, or whether the state ..., as operating this cemetery, will be charging at some rate - whatever that variable rate is. 9:47:02 AM REPRESENTATIVE GUTTENBERG said he doesn't have that answer at present, but would provide one to the committee. He reiterated that this bill is not changing any of the VA's already existing requirements. CHAIR SEATON said he is not meaning that the committee would "make it different for this veteran cemetery than the other," but he said it's incumbent on the committee to understand the program. 9:48:41 AM REPRESENTATIVE GUTTENBERG, in response to a question from Representative Gatto, said he is not certain how dishonorable discharges are treated. In response to a follow-up question from Representative Gatto, he said, for example, a deceased veteran in Fairbanks who left wishes to be buried in a veteran's cemetery would be interred in Anchorage or Sitka. He said, "From that cemetery's perspective, they probably have a quarterly report for the VA [regarding] how many people were buried, and it would just become a billing situation; ... it's a standing grant program - how many we buried. It would be the same thing whether you were buried up on the hill ... in the local community cemetery." He emphasized the importance of leaving clear instructions regarding last wishes. 9:51:19 AM REPRESENTATIVE GARDNER noted that in the previously mentioned e- mail from Mr. Jayne, a sentence read: "The allowance is payable for each veteran buried at no cost." She said she thinks the implication is that the $300 allowance is for the veteran only. CHAIR SEATON told Representative Guttenberg that, before the bill is heard in the House Finance Committee, it would be advisable to find out whether all the other eligible people would pay for the interment services or whether the state is required to pick up that tab. He stated that he doesn't want to hold up the bill. REPRESENTATIVE ELKINS echoed Chair Seaton's remark that he doesn't want to hold the bill up in the committee. 9:52:48 AM BENNO H. CLEVELAND testified on behalf of the Alaska Native Veterans' Association, Chapter 1, and the Military Order of Purple Heart, Chapter 675, in support of HB 208. He noted that he is also associated with: the American Legion; the Disabled American Veterans (DAV); and the Marine Corps League, Detachment 674. He stated that one of the rights of a veteran is to have full military services when he/she dies. He said there is a large population [of veterans] in Fairbanks and there are not enough burial plots available. CHAIR SEATON assured Mr. Cleveland that the committee has no intention of questioning the right and privilege of every veteran, but is looking to establish a new cemetery in Fairbanks for Interior Alaska. 9:56:44 AM MORGAN SOLOMON, Veteran of Foreign Wars (VFW) 3629; Alaska Native Veterans Association, said, "I'm a life member there and also a life member up in Barrow, Alaska." He said he was surprised to see HB 208. He said Birch Hill Cemetery in Fairbanks is filling to capacity. He said a new cemetery in Fairbanks would benefit the veterans. He indicated that a veteran from the Interior should not have to be buried in Anchorage. Mr. Solomon concluded, "For your information, in the Interior we have many veterans that are forgotten, one way or the other." 9:58:43 AM CHAIR SEATON noted that data shows there are 11,164 veterans in the Fairbanks North Star Borough "and the three adjoining areas," and "we definitely want to make sure that we have area to take care of them." 9:59:03 AM DANA NACHTRIEB testified as a life member of the Marine Corps League, Detachment 674, and the Veterans of Foreign Wars (VFW) 3629. He noted that he is also a 32-year member of the Elks Lodge, a member of the American Legion, and a member of the Alaska Native Veterans Association. Regarding the previous committee discussion regarding dishonorable discharge, he drew attention to the first page of the "Burial Benefits Eligibility" handout, which shows who is eligible as follows: (1) Any member of the Armed Forces of the United States who dies on active duty. (2) Any veteran who was discharged under conditions other than dishonorable. With certain exceptions, service beginning after September 7, 1980, as an enlisted person, and service after October 16, 1981, as an officer, must be for a minimum of 24 continuous months or the full period for which the person was called to active duty (as in the case of a Reservist called to active duty for a limited duration). Undesirable, bad conduct, and any other type of discharge other than honorable may or may not qualify the individual for veterans benefits, depending upon a determination made by a VA Regional Office. Cases presenting multiple discharges of varying character are also referred for adjudication to a VA Regional Office. MR. NACHTRIEB noted that the sixth page of the same handout shows categories of those who would not be qualified for burial in a VA national cemetery. [The third category, "Disqualifying Characters of Discharge," read as follows:] A person whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to veterans benefits. MR. NACHTRIEB said the Marine Corp League, Detachment 674, at last count is 100 percent in favor of having a veterans' cemetery in Fairbanks so that families don't have to drive to Anchorage. Personally, he stated his belief that there should be a veterans' cemetery "in every county, borough, and parish throughout the United States" because it is "ridiculous" to make people travel across their state to visit the burial site of their past friends and loved ones. 10:01:21 AM DENNIS GOLDBACH, Purple Heart Society, told the committee he wears many other hats like the previous testifiers. He said nothing is being requested that other cities don't already have. He said he is retired and volunteers his time to work with veterans. Many of them, he said, don't have the peace of mind that they had before joining the military. He indicated that providing a cemetery those veterans know will be waiting for them would provide them with that piece of mind while they're still alive, and may cut down the cost of counseling. Because of the distance to drive to the existing cemeteries, visiting buried loved ones becomes an annual trip for people. He said people are also deprived of the personal aspect of a military funeral. He expressed appreciation for the concerns of "everybody" regarding the bill. 10:04:19 AM DARREL DORSHER, State Legislative Officer, Veterans of Foreign Wars of Alaska, stated support of HB 208 on behalf of those veterans, particularly for the cemetery and "the concept of the license plates and the $300 veterans' death benefit allowance." He added, "I'm sure that the criteria will be set to follow the federal VA standards for veterans and their families ...." He indicated that having a cemetery in Fairbanks would allow veteran's families in the Fairbanks area to honor their families on holidays such as Memorial Day. MR. DORSHER told the committee that his wife's cremated remains were interred at a VA national cemetery in Minnesota, and when he dies he will join her there. He emphasized the importance of having a DD 214 available, which is required for the $300 allowance. He said, "Every veteran should have that very handy, and their family should know where it is located at all times." 10:06:54 AM REPRESENTATIVE GRUENBERG thanked his constituent, Mr. Dorsher, for his testimony. 10:07:09 AM REPRESENTATIVE LYNN stated for the record that a [DD 214] is "a military port of separation" that every veteran has. 10:07:24 AM CHAIR SEATON announced that public testimony was closed. 10:07:36 AM REPRESENTATIVE GATTO remarked that there is a lot he didn't know about burials before reading the information provided to the committee. For example, there is a requirement that the land provided must be able to hold veterans, their spouses, and their minor children for 20 years. 10:08:12 AM REPRESENTATIVE GUTTENBERG, in response to a question from Representative Gatto, reiterated that he has not yet addressed the subject of where the land will be found. In response to a follow-up question from Representative Gatto, he said there is a grant program for the construction of the cemetery up to 100 percent. He explained that the $300 is just to cover the interment. He said he imagines the other costs, such as the ceremony and flowers, would be the family's responsibility. 10:09:40 AM REPRESENTATIVE LYNN moved to report HB 208 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 208 was reported from the House State Affairs Standing Committee.
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