Legislature(2003 - 2004)
05/01/2003 03:15 PM House MLV
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND
VETERANS' AFFAIRS
May 1, 2003
3:15 p.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Beverly Masek, Vice Chair
Representative Nancy Dahlstrom
Representative Bruce Weyhrauch
Representative Sharon Cissna
Representative Max Gruenberg
MEMBERS ABSENT
Representative Hugh Fate
COMMITTEE CALENDAR
HOUSE BILL NO. 228
"An Act relating to state employees who are called to active
duty as reserve or auxiliary members of the armed forces of the
United States; and providing for an effective date."
- MOVED CSHB 228(MLV) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 14
Relating to urging that the 2006 National Veterans Wheelchair
Games be held in Anchorage, Alaska.
- MOVED HJR 14 OUT OF COMMITTEE
HOUSE BILL NO. 185
"An Act changing the name of the Department of Military and
Veterans' Affairs to the Department of Military and Veterans'
Affairs and Homeland Security; and providing for an effective
date."
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 228
SHORT TITLE:STATE EMPLOYEES CALLED TO MILITARY DUTY
SPONSOR(S): REPRESENTATIVE(S)KERTTULA
Jrn-Date Jrn-Page Action
03/31/03 0712 (H) READ THE FIRST TIME -
REFERRALS
03/31/03 0712 (H) MLV, STA, FIN
04/07/03 0831 (H) COSPONSOR(S): LYNN
04/15/03 (H) MLV AT 3:00 PM CAPITOL 124
04/15/03 (H) Heard & Held
04/15/03 (H) MINUTE(MLV)
04/16/03 1018 (H) COSPONSOR(S): GARA
04/24/03 (H) MLV AT 3:00 PM CAPITOL 120
04/24/03 (H) -- Meeting Canceled --
05/01/03 (H) MLV AT 3:00 PM CAPITOL 120
BILL: HJR 14
SHORT TITLE:NATIONAL WHEELCHAIR GAMES
SPONSOR(S): REPRESENTATIVE(S)CROFT
Jrn-Date Jrn-Page Action
03/10/03 0490 (H) READ THE FIRST TIME -
REFERRALS
03/10/03 0490 (H) MLV, STA
04/15/03 (H) MLV AT 3:00 PM CAPITOL 124
04/15/03 (H) Scheduled But Not Heard
04/24/03 (H) MLV AT 3:00 PM CAPITOL 120
04/24/03 (H) -- Meeting Canceled --
05/01/03 (H) MLV AT 3:00 PM CAPITOL 120
BILL: HB 185
SHORT TITLE:RENAMING DEPT. MILITARY/VETERANS AFFAIRS
SPONSOR(S): MILITARY & VETERANS' AFFAIRS
Jrn-Date Jrn-Page Action
03/12/03 0511 (H) READ THE FIRST TIME -
REFERRALS
03/12/03 0511 (H) MLV, STA
03/12/03 0511 (H) REFERRED TO MLV
03/27/03 (H) MLV AT 3:00 PM CAPITOL 102
03/27/03 (H) Heard & Held
03/27/03 (H) MINUTE(MLV)
05/01/03 (H) MLV AT 3:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE BETH KERTTULA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor of HB 228, answered questions
raised at both the previous hearing and the current one.
TRACY WENDT, Intern
for Representative Beth Kerttula
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: In response to a question about HB 228,
said it would have to be researched.
MARK GNADT, Staff
to Representative Eric Croft
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 14 on behalf of
Representative Croft, sponsor.
SUSAN MACAULAY
Alaska Disabled Veteran Sports Program, Inc.
Anchorage, Alaska
POSITION STATEMENT: During hearing on HJR 15, testified about
the benefits of bringing the wheelchair games to Alaska.
BARBARA HOPKINS
Alaska Disabled Veteran Sports Program, Inc.
Anchorage, Alaska
POSITION STATEMENT: Testified on HJR 15; commended these
veterans for their courage and expressed hope that the games
would inspire other veterans as well.
JOHN CRAMER, Director
Administrative Services Division
Department of Military & Veterans' Affairs (DMVA)
Juneau, Alaska
POSITION STATEMENT: Presented HB 185 and explained most of the
proposed committee substitute, Version S.
ACTION NARRATIVE
TAPE 03-8, SIDE A
Number 0001
CHAIR BOB LYNN called the House Special Committee on Military
and Veterans' Affairs meeting to order at 3:15 p.m.
Representatives Lynn, Masek, Weyhrauch, Dahlstrom, and Gruenberg
were present at the call to order. Representative Cissna
arrived as the meeting was in progress.
HB 228-STATE EMPLOYEES CALLED TO MILITARY DUTY
CHAIR LYNN announced that the first order of business would be
HOUSE BILL NO. 228, "An Act relating to state employees who are
called to active duty as reserve or auxiliary members of the
armed forces of the United States; and providing for an
effective date." [HB 228 had been heard and amended on
4/15/03.]
Number 0068
REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, sponsor
of HB 228, reminded members that this bill would allow the
governor to offer members of the military the difference in pay
between what they are receiving while on duty and what they
would have received if they had remained in state employment.
She commended her staff for work in addressing questions that
had arisen at the previous meeting.
REPRESENTATIVE KERTTULA, addressing a fiscal concern voiced
previously by Representative Masek, told members that
departments' budgets already include the cost of full-time
salaries and benefits for all state employees; therefore, the
cost to the state would only be the difference between the state
pay and active-duty pay, since other benefits already would have
been budgeted for. The costs would only increase if the
person's position needed to be filled during military
deployment. Because the average duration of activation is three
months, she opined that likely there wouldn't be a big fiscal
impact if the governor chose to use this option.
Number 0167
REPRESENTATIVE KERTTULA addressed previous questions about
current leave procedures. She said state employees who are
called to active duty or who are under [military] orders are
treated the same as an employee who takes an unpaid leave of
absence. This is the problem with the health insurance, which
only continues to the last day of the month in which the leave
is taken; the state's retirement division complies with federal
law on that. Under federal guidelines, an individual must be
activated for more than 180 days before military health benefits
will begin. Because the average duration is three months,
however, that leaves a gap. As for the number of people the
bill would affect, she noted that from September 11, 2001, to
April 2002 there were 180 executive-branch employees in the Air
National Guard or Army National Guard; of those, 41 were called
to active duty, and of those, only 8 received less military pay
than state pay.
Number 0286
REPRESENTATIVE DAHLSTROM commended Representative Kerttula for
her effort, saying she believes this is worthwhile and is
another small way to thank those men and women who put their
lives on the line for the country.
REPRESENTATIVE MASEK thanked Representative Kerttula for
addressing her fiscal questions from the previous hearing.
Number 0345
REPRESENTATIVE GRUENBERG noted that this becomes implemented
through an administrative order and asked how often that
procedure is used.
Number 0413
TRACY WENDT, Intern for Representative Beth Kerttula, Alaska
State Legislature, said she'd have to look into it.
REPRESENTATIVE GRUENBERG expressed concern that this may be a
new procedure in a relatively noncontroversial bill. He
mentioned promulgating emergency regulations under the
Administrative Procedure Act (APA), for instance. He asked that
the sponsor look into those issues, saying that otherwise he
would move to amend this in the House State Affairs Standing
Committee. He said he wants this to be standardized so that it
doesn't require reinventing the wheel or result in litigation.
REPRESENTATIVE GRUENBERG referred to the phrase "issuance of an
administrative order" on lines 7-8 [page 1]. He suggested
saying instead, "issuance of regulations". He said doing it
under the APA would avoid saying that this isn't subject to the
APA and so forth. He also suggested that if it's under the APA,
then emergency regulations could be issued, for instance. He
said there is a whole body of law about this.
Number 0540
REPRESENTATIVE DAHLSTROM moved to report HB 228, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
CSHB 228(MLV) was reported from the House Special Committee on
Military and Veterans' Affairs.
REPRESENTATIVE GRUENBERG offered to have his staff research the
issues he'd raised.
REPRESENTATIVE KERTTULA said his points were excellent and that
she had some answers about the emergency regulations. With
regard to administrative orders, she offered her belief that
they exist. [CSHB 228(MLV) was reported from committee.]
HJR 14-NATIONAL WHEELCHAIR GAMES
CHAIR LYNN announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 14, Relating to urging that the 2006
National Veterans Wheelchair Games be held in Anchorage, Alaska.
Number 0642
MARK GNADT, Staff to Representative Eric Croft, Alaska State
Legislature, presented HJR 14 on behalf of Representative Croft,
sponsor. He explained that these games seem to benefit many
people in the community and can bring 550 to 600 participants as
well as their families, trainers, and so forth, for a total of
perhaps 1,300 to 1,500 visitors to the Anchorage area; he
suggested these visitors likely would travel to other places in
Alaska. He offered the expectation that this will bring in at
least a million dollars just for lodging and food, based on $900
to $1,000 per participant. Thus it is expected to bring an
economic benefit as well as the social benefit from these
inspirational games. He deferred to testifiers on
teleconference.
Number 0792
SUSAN MACAULAY, Alaska Disabled Veteran Sports Program, Inc.,
offered her belief that this could benefit "all of us" in more
ways than one. She recalled attending events with people from
all 50 states plus Puerto Rico, and said it made her feel a part
of the United States, since she was being granted the
opportunity to do the same events that other veterans could do.
She suggested that bringing these wheelchair games to Alaska is
a big way of letting all Alaskan veterans feel that they are
part of the veterans throughout the nation.
Number 0936
BARBARA HOPKINS, Alaska Disabled Veteran Sports Program, Inc.,
noted that she was one of four founders of the sports program
and has dedicated herself to helping disabled veterans, mainly
in memory of her son, a disabled veteran who is now deceased.
She lauded these veterans for their courage, and suggested that
bringing the wheelchair games to Alaska would provide outreach
and an example to other veterans who perhaps don't have the
courage yet. She noted that Alaskan veterans must go to Seattle
for treatment and that certain funds aren't available to them.
Pointing out that the wheelchair games have 17 different events,
she mentioned fundraising, donations, and grants.
Number 1083
CHAIR LYNN asked whether anyone else wished to testify; he then
closed public testimony.
CHAIR LYNN spoke in strong support of HJR 14, noting that he is
a retired military person and Vietnam veteran.
Number 1116
REPRESENTATIVE WEYHRAUCH moved to report HJR 14 out of committee
with individual recommendations [and forthcoming zero fiscal
note].
CHAIR LYNN indicated that without objection, HJR 14 was reported
from the House Special Committee on Military and Veterans'
Affairs.
HB 185-RENAMING DEPT. MILITARY/VETERANS AFFAIRS
CHAIR LYNN announced that the final order of business would be
HOUSE BILL NO. 185, "An Act changing the name of the Department
of Military and Veterans' Affairs to the Department of Military
and Veterans' Affairs and Homeland Security; and providing for
an effective date." [HB 185 was sponsored by the House Special
Committee on Military and Veterans' Affairs.]
Number 1172
REPRESENTATIVE GRUENBERG moved to adopt the proposed committee
substitute (CS), Version 23-LS0711\S, Chenoweth, 4/28/03, for
discussion purposes. He opined that an objection was required
in order to put Version S before the committee.
CHAIR LYNN said he would entertain an objection.
REPRESENTATIVE CISSNA objected.
REPRESENTATIVE GRUENBERG stated, "Then we have it before us."
Number 1212
JOHN CRAMER, Director, Administrative Services Division,
Department of Military & Veterans' Affairs (DMVA), told members:
On behalf of the commissioner of our department,
General Craig Campbell, we want to thank you and the
committee members for your work on behalf of Alaskans
and for bringing forward this committee substitute.
Basically, this legislation complements the governor's
Administrative Order 203, establishing the office of
homeland security [within DMVA] and setting up some of
those provisions. It modernizes Alaska Statute 26 and
brings some of those in line with the needs that we
have for this office and for homeland security in the
state of Alaska. ... I think the bill and the sponsor
statement pretty well [identify] the benefits and the
need for this bill to go through.
Number 1256
REPRESENTATIVE GRUENBERG announced that he'd been taking the
lead on this and indicated he and his staff, at the request of
the committee, had tried to send the bill to various groups for
review. He said a number of groups will want to comment on this
but haven't had the chance to do so yet. He requested that Mr.
Cramer do a section-by-section explanation and that the bill be
held a few days in order to provide for the broadest possible
dissemination. Noting that some provisions will be
controversial, he said he wanted the committee to have the
benefit of knowing both sides of the arguments and to try to
resolve the problems before moving the bill along.
CHAIR LYNN announced his intention of taking testimony that day
and then deciding whether to hold the bill or move it forward.
He indicated letters had just been received from attorney Wayne
Ross and the [Alaska Civil Liberties Union (AkCLU)].
Number 1369
MR. CRAMER explained that the bill has three main parts.
Revisions to AS 26.20 update the chapter and make the statute
applicable to homeland security as well as civil defense, add
provisions necessary to meet current and future threats, and
repeal obsolete and unnecessary provisions. The chapter heading
is changed from "civil defense" to "homeland security and civil
defense". Throughout AS 26.20, homeland security
responsibilities and authority are added to the existing civil
defense responsibilities and authority of the governor and DMVA.
The bill directs that all state homeland security and civil
defense functions be coordinated by, through, and at the
direction of DMVA, with the cooperation and assistance of all
state agencies. It establishes and enumerates the statutory
powers of the Division of Homeland Security established this
year in DMVA by Administration Order 203. Furthermore, this
section's statutory structure parallels that of AS 26.23.040,
which establishes the Division of Emergency Services.
MR. CRAMER said the bill authorizes the governor to declare a
state of emergency not only in the event of an actual enemy
attack against the state, as presently provided, but also in the
event of a threat of attack as determined by the commissioner of
DMVA to be credible. It amends the definitions section, AS
26.20.200, to add new definitions of "attack", "homeland
security", and "private agency".
Number 1456
MR. CRAMER reported that several bill sections eliminate
obsolete or unnecessary provisions of AS 26.20. Foremost is the
elimination throughout the references to "civil defense
districts", entities that DMVA is authorized to designate under
AS 26.20.020(b)(11), and which would have statutory powers
specified in AS 26.20.060. Noting that civil defense districts
have not been designated, he remarked, "In this era, it is
preferable to use and improve the existing emergency planning
and response capabilities of municipalities, rather than create
new organizations."
MR. CRAMER said other housekeeping provisions in the bill repeal
specific inclusion of DMVA's authority to take specified
measures such as blackouts or air-raid drills without reducing
DMVA's overall authority to take measures necessary for homeland
security and civil defense purposes. The bill repeals a list of
specified purposes for reciprocal aid agreements, leaving the
specific purposes of such agreements to the governor's
discretion.
MR. CRAMER said the bill also repeals various other obsolete or
unnecessary statutes, including AS 26.25.050, AS 26.20.060, and
AS 26.20.070, which all pertain to civil defense districts and
their local organizations; AS 26.20.080, authorizing mobile
support units; AS 26.20.090, authorizing DMVA to make surveys
and investigations and giving it the power to subpoena the
attendance of witnesses and production of documents;
AS 26.20.120, providing that orders and regulations adopted by
the governor, DMVA, or a district have the effect of law;
AS 26.20.130, providing that federal, state, and local law
enforcement authorities shall enforce orders and regulations
under AS 26.20; AS 26.20.170, prohibiting political activity by
the civil defense organization; and AS 26.20.180, penalizing a
violation of a regulation pertaining to blackouts, alerts,
evacuation procedures, or any other order or regulation under
AS 26.20.
Number 1557
MR. CRAMER addressed revisions in the bill to AS 26.20.140,
which relates to immunity of the government and employees
arising out of civil defense activities. Presently, AS
26.20.140(a) provides that the state, a civil defense district,
and the agents or representatives of the state or district may
not be held liable for injury or property damage sustained by a
volunteer civilian defense worker; the bill broadens that
immunity to cover injury or property damage sustained by any
homeland security or civilian defense worker, including
employees as well as volunteers, and it substitutes "political
subdivision" for "district".
MR. CRAMER noted that AS 26.20.140(b) currently provides that
the state and any district established [for] civil defense
purposes, their employees, agents, or representatives,
authorized volunteer or auxiliary civil defense workers, and
members of any other agency engaged in civilian defense
activities who are complying with - or reasonably attempting to
comply with - AS 26.20 or an order or regulation issued under AS
26.20 are not liable for injury to persons or damage to property
as a result of their activities. The bill amends subsection (b)
to provide immunity for homeland security activities as well,
and to include any homeland security or civilian defense
activities undertaken under authority of AS 26.20. Subsection
(b) also currently provides an exception to the grant of
immunity in cases of wilful misconduct, gross negligence, or bad
faith. The bill amends subsection (b) to provide an exception
only when malice or reckless indifference to the interests,
rights, or safety of others is shown by clear and convincing
evidence.
Number 1640
REPRESENTATIVE GRUENBERG remarked that he'd been concerned about
subsection (b), page 11, lines 9-21. He offered his belief that
this parallels language in another immunity bill the committee
heard a couple of weeks before.
MR. CRAMER said he believed that was correct.
REPRESENTATIVE GRUENBERG informed members that at some point he
would move to strike page 11, lines 9-21 [the entirety of
subsection (b)].
Number 1699
REPRESENTATIVE CISSNA expressed concern about discussing the
bill when so few committee members were present.
CHAIR LYNN concurred, noting that only three members were
present at this time. He confirmed that Sam Johnson and Thomas
Burgess of DMVA were waiting to testify via teleconference.
REPRESENTATIVE GRUENBERG asked to hear their testimony, even if
it required repetition later. He said this is a very important
bill and pointed out that Representative Cissna may have another
committee meeting to attend [the next time this is heard].
Number 1875
CHAIR LYNN announced that his preference was to hear testimony
only once and to schedule a meeting at some other time of day.
[HB 185 was held over.]
ADJOURNMENT
The House Special Committee on Military and Veterans' Affairs
meeting was recessed at 3:50 p.m. to a call of the chair. [The
meeting was never reconvened.]
| Document Name | Date/Time | Subjects |
|---|