Legislature(2013 - 2014)BUTROVICH 205

04/03/2014 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 25 VIETNAM VETS: SERVICE-RELATED DISEASES TELECONFERENCED
Moved SCS CSHJR 25(STA) Out of Committee
*+ SB 209 REGULATION OF SMOKING TELECONFERENCED
Moved CSSB 209(STA) Out of Committee
+ HB 366 INVOLUNTARY COMMITMENT; FIREARMS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HJR 25-VIETNAM VETS: SERVICE-RELATED DISEASES                                                                      
                                                                                                                                
CHAIR  DYSON  announced  the  consideration  of  HJR  25.  [CSHJR
25(MLV) was before the committee.]                                                                                              
                                                                                                                                
9:02:19 AM                                                                                                                    
REPRESENTATIVE  GABRIELLE   LEDOUX,  Alaska   State  Legislature,                                                               
Juneau,  Alaska, sponsor  of HJR  25,  paraphrased the  following                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     HJR 25  is a step  towards fixing a  bureaucratic lapse                                                                    
     in our  treatment of  Vietnam veterans.  Currently only                                                                    
     soldiers  who had  "boots on  the  ground" during  that                                                                    
     conflict  are eligible  for benefits  related to  their                                                                    
     exposure to Agent Orange.                                                                                                  
                                                                                                                                
     HJR  25 urges  the United  States Congress  to pass  HR
     543, the Blue Water Navy  Vietnam Veterans Act of 2013.                                                                    
     HR  543  amends  current compensation  in  health  care                                                                    
     regulations to include coverage  of the service members                                                                    
     who served in the waters  of Vietnam, many of whom were                                                                    
     also exposed to Agent Orange,  a fact not recognized by                                                                    
     the  federal  government;  these brave  men  and  women                                                                    
     served their  country honorably and  we need  to remind                                                                    
     Congress of its responsibility to our veterans.                                                                            
                                                                                                                                
                                                                                                                                
9:04:03 AM                                                                                                                    
THOMAS  BROWN,  Staff,  Representative Gabrielle  LeDoux,  Alaska                                                               
State   Legislature,   Juneau,    Alaska,   provided   background                                                               
information on HR 543 as follows:                                                                                               
                                                                                                                                
     In  2002,  the  United States  Department  of  Veterans                                                                    
     Affairs (VA)  made an  administrative policy  shift and                                                                    
     changed  their  regulations   concerning  Agent  Orange                                                                    
     exposure, it was an arbitrary  shift with no medical or                                                                    
     scientific basis.                                                                                                          
                                                                                                                                
     Urging  the   passage  of  HR  543   would  return  the                                                                    
     compensation  that  these  soldiers earned  during  the                                                                    
     service for  their country. The bill  enjoys bipartisan                                                                    
     support in Congress, 174  co-sponsors including our own                                                                    
     Don Young.                                                                                                                 
                                                                                                                                
     In Alaska, we  have up to 609 Blue  Water Navy veterans                                                                    
     that could  be eligible  for treatment for  exposure to                                                                    
     Agent Orange  and countless thousands of  others across                                                                    
     the country. The Blue Water  Navy, incidentally, is how                                                                    
     Navy  and Marine  personnel stationed  in the  offshore                                                                    
     waters of  Vietnam are  referred to  as opposed  to the                                                                    
     Brown Water Navy of the inland waters.                                                                                     
                                                                                                                                
     Should  this legislature  pass HJR  25,  copies of  the                                                                    
     resolution  would be  distributed to  our congressional                                                                    
     delegation, congressional leadership,  the Secretary of                                                                    
     Veterans  Affairs, the  Vice  President, and  President                                                                    
     Obama.                                                                                                                     
                                                                                                                                
     In  conclusion, I  would  just like  to  say that  when                                                                    
     Washington  doesn't  do  the right  thing,  it  is  our                                                                    
     responsibility to  remind them  and fulfill  their debt                                                                    
     to our veterans.                                                                                                           
                                                                                                                                
SENATOR GIESSEL asked  if coverage pertains to  soldiers who were                                                               
not on  the ground in Vietnam,  but were exposed to  Agent Orange                                                               
because they flew in and  brought out injured soldiers covered in                                                               
Agent Orange.                                                                                                                   
                                                                                                                                
MR.  BROWN replied  that  was one  of  the circumstances.  Others                                                               
include  medical personnel  who  were exposed  when they  treated                                                               
exposed  soldiers  and  Navy  personnel  stationed  offshore  who                                                               
cleaned exposed equipment.                                                                                                      
                                                                                                                                
9:06:34 AM                                                                                                                    
CHAIR  DYSON  said he  did  not  realize  that Agent  Orange  was                                                               
transferrable from person-to-person.                                                                                            
                                                                                                                                
MR. BROWN  replied it's  more through  physical contact  from one                                                               
contaminated item to another.                                                                                                   
                                                                                                                                
CHAIR DYSON asked  if exposure was from chemical  contact and not                                                               
from a germ.                                                                                                                    
                                                                                                                                
MR. BROWN answered correct.                                                                                                     
                                                                                                                                
CHAIR DYSON asked  Representative LeDoux if she  had seen Senator                                                               
Wielechowski's amendments.                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX replied she may have seen one.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI said he had one amendment to present.                                                                      
                                                                                                                                
CHAIR  DYSON asked  which  version  of the  bill  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
MR. BROWN answered version U, [28-LS1350\U].                                                                                    
                                                                                                                                
9:08:13 AM                                                                                                                    
RIC DAVIDGE,  Chairman, Government  Affairs, Vietnam  Veterans of                                                               
America,  Chapter   904-Alaska,  Anchorage,   Alaska,  introduced                                                               
himself.                                                                                                                        
                                                                                                                                
CHAIR  DYSON   asked  Mr.   Davidge  if   he  had   seen  Senator                                                               
Wielechowski's amendment.                                                                                                       
                                                                                                                                
MR. DAVIDGE  answered yes. He  explained that he had  worked very                                                               
closely   with  Senator   Wielechowski's  staff   and  was   very                                                               
supportive of the Blue Water Navy resolution.                                                                                   
                                                                                                                                
CHAIR DYSON noted  Mr. Davidge's history and  called attention to                                                               
his tireless advocacy of veterans.                                                                                              
                                                                                                                                
MR. DAVIDGE offered the following testimony:                                                                                    
                                                                                                                                
     My name  is Rick Davidge,  I am chairman  of Government                                                                    
     Affairs   for  Vietnam   Veterans  of   America-Alaska,                                                                    
     formally  National  Chairman   of  Government  Affairs.                                                                    
     Representative  LeDoux  and Senator  Wielechowski  both                                                                    
     have  copies of  our national  legislative agenda.  The                                                                    
     second highest  national priority for  Vietnam Veterans                                                                    
     of America  is what  we call  addressing the  legacy of                                                                    
     toxic exposures, Agent Orange and dioxin.                                                                                  
                                                                                                                                
     Unfortunately  not all  wounds of  war are  immediately                                                                    
     obvious,  either  in immediate  service  or  in a  very                                                                    
     brief of time.  In fact, we know  that medical symptoms                                                                    
     can begin  to develop  after decades of  exposure. Most                                                                    
     service members  don't even know they're  being exposed                                                                    
     because they are not unaware  of the fact that there is                                                                    
     some sort  of toxic material  that they are  in contact                                                                    
     with.   We  have   specific  evidence   of  pieces   of                                                                    
     equipment,    including    trucks,    tanks,    planes,                                                                    
     helicopters, etc.,  all have  been brought back  to the                                                                    
     United States  where it had  been cleaned by  people in                                                                    
     the United States  who never went to  Vietnam, but came                                                                    
     down with toxic exposure as  a result of their exposure                                                                    
     to  the  pieces of  Agent  Orange  on these  pieces  of                                                                    
     equipment.  As a  medic  in Vietnam  in  1965 with  the                                                                    
     First Cav.,  we were  totally unaware of  the existence                                                                    
     of Agent  Orange, obviously  it was  highly classified.                                                                    
     One of the  things that we are trying to  do in showing                                                                    
     the Blue Water Navy problem, and  by the way, we have a                                                                    
     number  of Alaska  Vietnam veterans  who have  received                                                                    
     six figure checks  as a result of  their exposure which                                                                    
     has  helped them  pay for  their extraordinary  medical                                                                    
     demands, all of  which are currently being  paid for by                                                                    
     private  insurance,  the  state, and  municipal  health                                                                    
     care programs  because they previously did  not qualify                                                                    
     for these considerations.                                                                                                  
                                                                                                                                
9:10:46 AM                                                                                                                    
MR. DAVIDGE continued to explain Agent Orange's impact on                                                                       
Vietnam veterans:                                                                                                               
                                                                                                                                
     One  of  the  other  concerns that  we  have,  this  is                                                                    
     relatively new over  the last five to ten  years, is we                                                                    
     have  learned  that  there  is  an  additional  legacy,                                                                    
     particularly  of dioxin  in the  Agent Orange  exposure                                                                    
     were the progeny of Vietnam  vets who were exposed were                                                                    
     effected  by  Agent  Orange  in  that  it  changes  the                                                                    
     genetic   matrix  of   male  sperm   and  then   causes                                                                    
     significant  birth  defects.  The addition  of  Senator                                                                    
     Wielechowski's  resolution  to   this  resolution  will                                                                    
     bring  that  issue  as  well  forward  and  initiate  a                                                                    
     national  study by  the VA.  You would  think with  the                                                                    
     enormous amount of  money the VA has  to research these                                                                    
     kinds of things, their attention  on toxic exposures is                                                                    
     practically  non-existent. We  have  been screaming  at                                                                    
     the VA and at the  Department of Defense (DOD) to start                                                                    
     paying better attention to the  wounds created by toxic                                                                    
     exposures. Now  the beginning of the  current war there                                                                    
     was some effort  to do that by DOD and  kept records of                                                                    
     people who were exposed to  burn-pits and these kind of                                                                    
     things. But in the last  few years, six years, that has                                                                    
     basically  stopped so  we don't  have  that. Trying  to                                                                    
     prove that you are were  exposed is very difficult. The                                                                    
     most effective way  we have found to prove  it is using                                                                    
     the internet  where we have a  veteran, particularly an                                                                    
     Alaskan veteran  that we worked with  who came forward,                                                                    
     who has had leukemia for  a very long time. Leukemia is                                                                    
     one  of the  most prominent  illnesses as  a result  of                                                                    
     toxic  exposure   to  Agent   Orange  dioxin.   We  put                                                                    
     everything  that  we  could find  from  him,  including                                                                    
     pictures  he  took while  in  service,  put it  on  the                                                                    
     internet, and we were able  to put together a couple of                                                                    
     affidavits  from other  people who  swore that  in fact                                                                    
     this gentleman was exposed.                                                                                                
                                                                                                                                
MR. DAVIDGE  noted that this past  week he became aware  of a man                                                               
whose son championed his effort  and has just now been recognized                                                               
for Agent Orange  exposure. He noted that the man's  son used the                                                               
same kind of  approach by using the internet  to access pictures,                                                               
testimony, and affidavits from other people.                                                                                    
                                                                                                                                
9:12:59 AM                                                                                                                    
He continued:                                                                                                                   
                                                                                                                                
     The  state  of Alaska,  in  municipal  health care  and                                                                    
     private health  insurance, are the ones  that have been                                                                    
     paying for the results  of these toxic exposures; these                                                                    
     are direct results of service  and particularly in many                                                                    
     cases,   combat.   The   federal  government   has   an                                                                    
     extraordinary   moral   and   ethical   obligation   to                                                                    
     recognize  these  wounds  of   war  and  begin  to  pay                                                                    
     attention  to them.  I am  very delighted  that Senator                                                                    
     Wielechowski  and  my   friend  Gabrielle  LeDoux  came                                                                    
     together and  put this  together because  this actually                                                                    
     makes a  stronger statement from  the people  of Alaska                                                                    
     to  Congress and  to this  Administration to  recognize                                                                    
     Blue  Water Navy  and pay  attention to  the legacy  of                                                                    
     Agent  Orange.   We  have  now  three   generations  of                                                                    
     extraordinary  birth  defects  as   a  result  of  this                                                                    
     exposure. Mr.  Chairman, there is a  personal note, you                                                                    
     have been  a long  champion of  veterans in  this state                                                                    
     and we salute you sir.                                                                                                     
                                                                                                                                
CHAIR DYSON  asked him  to verify that  the Alaska  Department of                                                               
Health and Human Services (DHSS) has  been taking care of some of                                                               
the  toxic  exposure  issues  with some  of  Alaska's  vets  even                                                               
without the VA's support.                                                                                                       
                                                                                                                                
MR. DAVIDGE answered yes.                                                                                                       
                                                                                                                                
9:15:18 AM                                                                                                                    
CHAIR  DYSON  remarked that  he  is  disappointed with  the  VA's                                                               
reluctance nationwide  to treat  veterans who  present themselves                                                               
with  issues  that are  related  to  war.  He asserted  that  the                                                               
federal government is trying  to draw-the-curtain-down on Vietnam                                                               
veterans.                                                                                                                       
                                                                                                                                
MR. DAVIDGE replied  yes and referred to a book,  "Waiting for an                                                               
Army to Die." He noted  Agent Orange's effect through the progeny                                                               
of children and grandchildren.                                                                                                  
                                                                                                                                
9:17:00 AM                                                                                                                    
JOHN  PAUL ROSSIE,  Executive Director,  Blue Water  Navy Vietnam                                                               
Veterans  Association  (BWNVVA), Littleton,  Colorado,  explained                                                               
that BWNVVA has been helping  to get the information disseminated                                                               
to the  public and  legislators regarding  HR 543.  He summarized                                                               
that BWNVVA  is trying  to right  an "administrative  wrong" that                                                               
was put into place.                                                                                                             
                                                                                                                                
9:21:18 AM                                                                                                                    
CHAIR DYSON  asked if there were  people in the room  that wanted                                                               
to  testify on  HJR 25.  He  asked Representative  LeDoux if  she                                                               
supports Senator Wielechowski's amendment.                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX answered yes.                                                                                             
                                                                                                                                
CHAIR DYSON solicited motion to move Amendment 1.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI moved Amendment 1.                                                                                         
                                                                                                                                
9:21:53 AM                                                                                                                    
CHAIR DYSON  found no  objection and  announced that  Amendment 1                                                               
was  adopted. He  noted that  resolutions submitted  to the  U.S.                                                               
Congress are  not ignored  and ultimately  act as  an endorsement                                                               
from the people of Alaska.                                                                                                      
                                                                                                                                
9:23:40 AM                                                                                                                    
SENATOR GIESSEL moved  to report HJR 25,  28-LS1350\U as amended,                                                               
from committee with individual  recommendations and attached zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
9:24:00 AM                                                                                                                    
CHAIR DYSON  announced that without objection,  SCS CSHJR 25(STA)                                                               
has  passed   from  the  Senate  State   Affairs  Committee  with                                                               
individual recommendation and attached zero fiscal note.                                                                        

Document Name Date/Time Subjects
HJR25-Sponsor Statement.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-CSHJR 25-MLV.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25A.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Explanation of Changes.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR 25 Fiscal Note-MLV.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Document-BlueWater.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Document-Congressman Gibson.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Documents-HR 543.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Documents-HR 543-Background.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
SB 209 Sponsor Statement.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB0209A.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DEC-FSS-03-28-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DHSS-CO-03-28-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOA-PUR-03-21-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-IASO-3-27-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-MVO-3-27-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-SEF-3-27-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-TMS-3-28-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Chicago Tribune oped on ecigs.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - JAMA - Abrams - Promise Peril of e-Cigarettes - Can Disruptive Technology Make Cigarettes Obsolete.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - LA Times editorial.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - LA-Dr Carmona's letter to council member B Parks.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Fatboy Vapors Alaska, LLC.docx SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Nitzkin testimony CA SB 648.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 648
SB 209 - NY Times Editorial e-cigs dec 2013.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Opposing Testimony - Chuck Connor.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Finney.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Edelen.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Carroll.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Hansen.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Lunde.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Paquette.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Smith.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - Jones.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - Karl.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - Trojan.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - W. Jones.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
HJR 25 - Amendment 1.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
SB 209 Commonly Asked Questions about Electronic Cigarettes.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 CS C Version.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 CS Version C Sectional.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Doyon Resolution.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Doyon Support Letter.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 ATCA E-Cigarette Statement.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 ISER Anchorage Smoke Free Impacts.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Sponsor Statement Version C.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Support - AK Academy Family Physicians.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Support - Penn Smokefree Partnership.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Support Emails Received Up To 4-2-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209