Legislature(2007 - 2008)BELTZ 211

03/11/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 15 BOARD OF FISHERIES CONFLICTS OF INTEREST TELECONFERENCED
Heard & Held
+= SB 296 CRIME VICTIM COMPENSATION FUND TELECONFERENCED
Moved SB 296 Out of Committee
*+ SB 278 VETERAN INFO ON PFD APPLICATIONS TELECONFERENCED
Moved SB 278 Out of Committee
+ HB 284 PFD ALLOWABLE ABSENCE: FELLOWSHIPS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            SB 278-VETERAN INFO ON PFD APPLICATIONS                                                                         
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 278.                                                                            
                                                                                                                                
9:45:58 AM                                                                                                                    
SENATOR BILL WIELECHOWSKI, Alaska  State Legislature, said SB 278                                                               
helps  the  state  and  veterans  groups  find  help  for  Alaska                                                               
veterans.  It  asks applicants  to  the  permanent fund  dividend                                                               
(PFD)  if they  are American  military veterans.  This will  help                                                               
Alaska help its veterans to  access federal programs and benefits                                                               
that they have  earned. The bill stems from  these services being                                                               
underutilized.  Alaska  has  the  highest per  capita  number  of                                                               
veterans  in  the  nation, and  retirement  checks  and  benefits                                                               
contribute  more than  $1 billion  to the  economy. The  benefits                                                               
include  health  care,  burial rights,  disability  compensation,                                                               
survivor  benefits, housing  loans,  spousal assistance,  college                                                               
assistance, and vocational assistance.  Only one in five veterans                                                               
receives the benefits that are  available. By increasing this, it                                                               
will  help families  and it  will create  a significant  economic                                                               
boost  to communities  across the  state.  SB 278  will bring  in                                                               
millions of  dollars from the  federal government. The  intent of                                                               
the bill is to  create a list of known veterans  in the state for                                                               
use by veterans groups to inform people of their entitlements.                                                                  
                                                                                                                                
9:48:02 AM                                                                                                                    
SENATOR GREEN noted that it is  not mandatory. She asked if other                                                               
states have a similar program.                                                                                                  
                                                                                                                                
KATHERINE PUSTAY,  Staff to Senator  Wielechowski, said  she will                                                               
find out.                                                                                                                       
                                                                                                                                
SENATOR  BUNDE  asked if  he  is  using  the PFD  since  everyone                                                               
applies for one, but wouldn't the driver's license work as well?                                                                
                                                                                                                                
SENATOR  WIELECHOWSKI   said  that's  another  option,   but  not                                                               
everyone has a driver's license.                                                                                                
                                                                                                                                
9:49:25 AM                                                                                                                    
SENATOR  BUNDE said  SB  278 is  well-intentioned,  but it  could                                                               
expand  into a  burden for  the department.  Will there  be other                                                               
expectations  for  mining data  from  the  PFD application,  like                                                               
people who need housing assistance or health care?                                                                              
                                                                                                                                
JERRY BURNETT,  Director, Administrative Services,  Department of                                                               
Revenue  (DOR),   explained  that   the  PFD   Division  provides                                                               
information  to  any state  or  federal  agency on  request.  The                                                               
difference  here is  that more  information is  requested on  the                                                               
application. There is a small  fiscal note for redesigning it and                                                               
a little  extra work. "It's not  a great amount of  work. I don't                                                               
see that  this would create  any issues  of the type  that you're                                                               
concerned about."                                                                                                               
                                                                                                                                
SENATOR  BUNDE  asked  if  a  veteran's  group  would  query  the                                                               
division to find the information.                                                                                               
                                                                                                                                
9:51:42 AM                                                                                                                    
MR. BURNET said  his understanding is that  the information would                                                               
be provided  to the Department  of Military and  Veterans Affairs                                                               
(DMVA) in  a usable format. The  bill allows the PFD  division to                                                               
provide the information  directly to veteran groups,  but it will                                                               
be  more  efficient to  give  it  to  the DMVA.  The  information                                                               
collected  will include  the  years of  service  and the  branch.                                                               
"It's fairly simple once it's in there."                                                                                        
                                                                                                                                
SENATOR BUNDE  asked it  that information  is available  from the                                                               
federal government.                                                                                                             
                                                                                                                                
MR.  BURNETT   said  this  bill   was  not  his  idea,   but  his                                                               
understanding is  that there is no  way to know when  people move                                                               
to Alaska or where they are.                                                                                                    
                                                                                                                                
SENATOR  BUNDE  asked  if  a   veteran's  group  could  get  that                                                               
information from  the federal government  and this will  just cut                                                               
out a step for them.                                                                                                            
                                                                                                                                
MR. BURNETT said  the federal government may  not know addresses,                                                               
because veterans are not tracked for any particular purpose.                                                                    
                                                                                                                                
SENATOR GREEN asked if the bill needs an effective date.                                                                        
                                                                                                                                
MR. BURNETT  said it will  go into  effect 90 days  after passage                                                               
and be on the 2009 application for the 2008 dividend.                                                                           
                                                                                                                                
SENATOR STEVENS asked if the  DMVA communicates with veterans. He                                                               
is  one but  has never  heard  from the  DMVA. Does  it send  out                                                               
information on available benefits?                                                                                              
                                                                                                                                
9:54:46 AM                                                                                                                    
MR. BURNETT said he isn't from DMVA so he can't answer that.                                                                    
                                                                                                                                
SENATOR BUNDE  said some people  are concerned about  privacy, so                                                               
would the form indicate that the check-off is optional?                                                                         
                                                                                                                                
MR. BURNETT said absolutely. Veteran  status will not be used, in                                                               
any way, for eligibility.                                                                                                       
                                                                                                                                
9:55:53 AM                                                                                                                    
DAVID GLENN,  Vietnam Veterans of  America 903, Wasilla,  said he                                                               
was sent to Vietnam  43 years ago; he spent a  year in the jungle                                                               
watching  fellow soldiers  sustain grievous  injuries and  death.                                                               
Some still suffer  today from physical and  mental injuries. It's                                                               
now  reported  that  those  veterans   have  a  ten-year  shorter                                                               
lifespan and  are five times more  likely to be sick.  He demands                                                               
that  this bill  pass because  thousands of  these veterans  have                                                               
been  ignored   by  the  federal  government   for  decades.  The                                                               
collected  information will  help  locate veterans,  "and we  can                                                               
guide  them  through  the  process  of  collecting  the  benefits                                                               
promised during  their military service."  He expressed  the view                                                               
that the Department of Revenue  fiscal note is ridiculously high.                                                               
It is  a blatant  attempt to  kill the bill,  and he  is insulted                                                               
that "some  bureaucrat thinks  we're so dumb  that we  don't know                                                               
what's happening."  He has watched as  Alaska's political process                                                               
has sunk  to an all-time low  with bribes and felonies.  He hopes                                                               
the  committee has  the guts  to  start the  healing process  and                                                               
provide encouragement  to the citizens  by doing the  right thing                                                               
for veterans.  "Failure on  your part to  attain passage  of this                                                               
bill will  be a tremendous  mistake on  your part, and  will only                                                               
contribute  to the  overall conception  of  what a  poor job  our                                                               
Alaska government is doing."                                                                                                    
                                                                                                                                
9:58:16 AM                                                                                                                    
CHAIR MCGUIRE thanked him and noted his interesting style.                                                                      
                                                                                                                                
SENATOR BUNDE  thanked him for his  service and said he  hopes he                                                               
can disagree with him without being un-American.                                                                                
                                                                                                                                
MR.  GLENN said  he didn't  accuse him  of being  un-American, "I                                                               
accused my  Alaska government of  making me feel poorly  about my                                                               
Alaska  government."  He  used   harsh  words  to  encourage  the                                                               
committee to  get on  the stick  and get  things done.  It's time                                                               
Alaska does something for its veterans.                                                                                         
                                                                                                                                
CHAIR MCGUIRE  clarified that  the only fiscal  note is  from the                                                               
Department of  Revenue, and it  is $16,000, which is  nominal. It                                                               
will change the online database and application form.                                                                           
                                                                                                                                
The committee took a brief at-ease at 9:59:32 AM.                                                                             
                                                                                                                                
9:59:57 AM                                                                                                                    
MAURICE BAILEY,  President, Veterans Aviation  Outreach, Wasilla,                                                               
said  he was  a founder  of  VAO and  it has  four airplanes  and                                                               
pilots  for the  express  purpose to  find  veterans in  villages                                                               
scattered  throughout  Alaska  who  may   not  be  aware  of  the                                                               
available benefits. By not doing  what is right for veterans, the                                                               
country  will  end up  with  substandard  armed forces.  "We  are                                                               
scraping the  bottom of the barrel  to get recruits for  our all-                                                               
volunteer  forces  [because]  of  the way  we  treat  our  vets."                                                               
Passing  this bill  is the  right  thing to  do. Veterans  aren't                                                               
tracked once they  leave the military. He has  been flying around                                                               
Alaska for the last 45 years,  and many people don't know what is                                                               
available and what they have coming.                                                                                            
                                                                                                                                
10:01:42 AM                                                                                                                   
RUSSELL   KELL,  Vietnam   Veterans  of   America  Chapter   904,                                                               
Anchorage,   said  allocation   of  money   from  the   Veteran's                                                               
Administration (VA) to Alaska is  based on the number of veterans                                                               
based on  the census. He  once worked  for the VA  and questioned                                                               
the way veterans  were counted. Many veterans  won't be captured.                                                               
The funding goes for medical  care and preventative medical care.                                                               
If someone isn't noted as a  veteran and doesn't get the care, it                                                               
will cost the  state more. If veterans  aren't identified shortly                                                               
after getting out  of the service, the education  benefit will be                                                               
of  less  use to  them.  Without  preventative medical  care  and                                                               
education, homelessness  will increase. It has  increased, and it                                                               
will  continue to  do so  unless  the veterans  are reached  more                                                               
quickly  and effectively.  It will  be very  difficult to  obtain                                                               
addresses of veterans without their signatures.                                                                                 
                                                                                                                                
10:04:49 AM                                                                                                                   
MR.  KELL said,  "With what's  happening with  state and  federal                                                               
budgets, I suspect that the VA  in the future is going to attempt                                                               
to share this  expense with the state … and  the sharing with the                                                               
state  is going  to  depend upon  how many  veterans  are in  the                                                               
state." This  information will be  valuable to the state  even if                                                               
it is  not released.  He recommends it  being on  the application                                                               
but  said to  be  cautious about  releasing  the information.  It                                                               
needs to  be explained  to the veterans  on the  application. The                                                               
information should be made available  to all nationally chartered                                                               
veterans organizations.                                                                                                         
                                                                                                                                
10:06:25 AM                                                                                                                   
SENATOR MCGUIRE noted  the problem of defining who  is a veteran.                                                               
The  bill  mandates  a  place for  an  applicant  to  voluntarily                                                               
indicate  veteran  status. Will  there  be  the same  problem  of                                                               
people not knowing if they are a veteran?                                                                                       
                                                                                                                                
MR. KELL said  a veteran is someone who is  separated from active                                                               
duty, but it  is also a person  who is on active  duty but served                                                               
honorably for  a certain amount  of time. The question  could ask                                                               
if someone has served honorably for a specified length of time.                                                                 
                                                                                                                                
SENATOR MCGUIRE asked if that would be 180 days.                                                                                
                                                                                                                                
MR. KELL said he believes so.                                                                                                   
                                                                                                                                
SENATOR STEVENS asked if this will impact the census.                                                                           
                                                                                                                                
MR. KELL said  no, it will be  tool to gauge the  validity of the                                                               
census and if the  state is getting its fair due  from the VA. He                                                               
said  some have  said  that the  DMVA may  want  to minimize  the                                                               
impact of  the numbers  because it evaluates  based on  the total                                                               
population.   The  total   population   is   very  important   in                                                               
determining  how well  it is  doing its  job and  how much  money                                                               
comes to the state.                                                                                                             
                                                                                                                                
10:10:11 AM                                                                                                                   
SENATOR BUNDE  said he's troubled  by a definition  that includes                                                               
someone who  is currently serving. How  can you be a  veteran and                                                               
continue to serve?                                                                                                              
                                                                                                                                
MR. KELL  said it is  in Title 38 of  the U.S. Code.  Section 101                                                               
has the federal definition.                                                                                                     
                                                                                                                                
SENATOR  FRENCH asked  if  state benefits  are  involved or  only                                                               
federal benefits. Will it cost Alaska to identify more veterans?                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  replied that the vast  majority of benefits                                                               
are federal. There may be some state benefits.                                                                                  
                                                                                                                                
CHAIR FRENCH  said if there are  state benefits they will  be few                                                               
compared to the federal benefits.                                                                                               
                                                                                                                                
10:12:28 AM                                                                                                                   
SENATOR  WIELECHOWSKI  said  he   believes  there  is  a  tuition                                                               
benefit,  and  there  is   legislation  under  consideration  for                                                               
lowering the cost of hunting licenses for active members.                                                                       
                                                                                                                                
SENATOR BUNDE  said identifying more  veterans would  be win-win:                                                               
veterans get services and the state  gets the money. But he asked                                                               
where the money will go and if there will be fights about it.                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI  said it  depends  on  the benefit.  Burial                                                               
money would go  to the mortuary. Education money would  go to the                                                               
university. VA money goes to the state.                                                                                         
                                                                                                                                
SENATOR GREEN noted that DMVA issued a zero fiscal note.                                                                        
                                                                                                                                
10:14:31 AM                                                                                                                   
SENATOR STEVENS  noted a  state VA housing  loan program  that is                                                               
widely used.                                                                                                                    
                                                                                                                                
CHAIR MCGUIRE  noted the  state's definitions  of a  veteran. The                                                               
Alaska  Housing Finance  Corporation defines  veteran differently                                                               
than Mr. Kell. Each benefit defines a veteran differently.                                                                      
                                                                                                                                
SENATOR BUNDE  said the PFD division  will need to define  it. He                                                               
explained that  his vote on  the bill won't  be based on  the low                                                               
fiscal note nor based on obnoxious testimony.                                                                                   
                                                                                                                                
CHAIR  MCGUIRE  suggested  the sponsor  review  the  inconsistent                                                               
definitions of veteran. One definition  includes a spouse, widow,                                                               
or widower, and another is linked to war times.                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  agreed. He doesn't  want to get  wrapped up                                                               
on that  because the  legislature is  acting as  a conduit.  If a                                                               
person  deems  him or  herself  to  be  a  veteran, they  may  be                                                               
eligible for  benefits, and the bill  doesn't assess eligibility.                                                               
It will just  forward the names on to organizations  that are out                                                               
there. But he is willing to look at a definition.                                                                               
                                                                                                                                
10:17:33 AM                                                                                                                   
CHAIR MCGUIRE noted there is confusion as to who is a veteran.                                                                  
                                                                                                                                
SENATOR STEVENS  said there is  no connection with the  amount of                                                               
funds the state gets via the census.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  said  a census  decision  by  the  federal                                                               
government can  be challenged.  It may help  to get  more federal                                                               
funds if a larger number of veterans were identified.                                                                           
                                                                                                                                
RON SIEBELS, Military Order of  the Purple Heart, Anchorage, said                                                               
this bill  would make  it possible  to reach  out to  veterans in                                                               
remote  areas.  His  order  supports   SB  278.  The  problem  in                                                               
attaining benefits  is at the  federal level; the  legislature is                                                               
doing a  good job at helping  veterans. In his opinion  a veteran                                                               
status begins once his or her military contract was honored.                                                                    
                                                                                                                                
SENATOR MCGUIRE said his testimony is the kind that motivates.                                                                  
                                                                                                                                
10:20:16 AM                                                                                                                   
TIM  WHEELER,  Secretary,   Alaska  Veterans  Business  Alliance,                                                               
Anchorage,  said he  makes contact  with veterans  throughout the                                                               
state, and  "you would  not believe how  many veterans  out there                                                               
don't know what benefits or  information that they need to know."                                                               
SB  278 will  create one  database so  they can  get updates  and                                                               
links to websites, a necessity to keep veterans informed.                                                                       
                                                                                                                                
10:20:55 AM                                                                                                                   
KEVIN  McGEE,  President, AFGE  Local  3028,  Anchorage, said  he                                                               
represents bargaining unit  employees who work at the  VA. SB 278                                                               
will help  identify Alaska's precious  resource of  its veterans.                                                               
AFGE Local 3028 is in complete support.                                                                                         
                                                                                                                                
RAYMOND REYNOLDS,  American Legion Post 29,  Anchorage, expressed                                                               
support for  SB 278  and anything that  makes the  process easier                                                               
for veterans. Many people don't get identified by a census.                                                                     
                                                                                                                                
JOHN  YOUMANS,  Alaska  Services to  Disabled  Veterans  Business                                                               
Alliance, Anchorage, said  he worked for the VA  in Anchorage for                                                               
24 years, and  he knows there are many veterans  who aren't aware                                                               
of  the  benefits  they're  entitled  to.  He  spoke  of  Vietnam                                                               
veterans hiding out  in the woods and not knowing  what they were                                                               
entitled to. A  new VA hospital is being built,  and he suggested                                                               
using veterans as employees.                                                                                                    
                                                                                                                                
10:24:24 AM                                                                                                                   
SENATOR  BUNDE  asked if  a  veteran  will  be defined  as  being                                                               
honorably discharged from the U.S. armed forces.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI said he won't object to that.                                                                              
                                                                                                                                
SENATOR BUNDE said foreign nationals  serve, so you can't use the                                                               
term American. He  doesn't want to make an amendment  on the fly,                                                               
so it should be considered in its next committee.                                                                               
                                                                                                                                
SENATOR  GREEN  said  the definition  should  coincide  with  the                                                               
federal definition since this is for federal purposes.                                                                          
                                                                                                                                
SENATOR MCGUIRE  ascertained that  the committee  was comfortable                                                               
leaving the definition up to the Finance Committee.                                                                             
                                                                                                                                
10:26:10 AM                                                                                                                   
SENATOR  FRENCH  moved  to  report SB  278  from  committee  with                                                               
individual recommendations  and attached fiscal  note(s). Hearing                                                               
no objection, SB 278 moved out of committee.                                                                                    

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