Legislature(2011 - 2012)CAPITOL 120
03/17/2011 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB180 | |
| HJR18 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 180 | TELECONFERENCED | |
| *+ | HJR 18 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
March 17, 2011
1:02 p.m.
MEMBERS PRESENT
Representative Dan Saddler, Co-Chair
Representative Steve Thompson, Co-Chair
Representative Carl Gatto, Vice Chair
Representative Alan Austerman
Representative Bob Lynn
Representative Bob Miller
MEMBERS ABSENT
Representative Sharon Cissna
COMMITTEE CALENDAR
HOUSE BILL NO. 180
"An Act authorizing the Department of Administration to note a
person's status as a veteran on the person's driver's license
and to provide certain information to the Department of Military
and Veterans' Affairs."
- MOVED CSHB 180(MLV) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 18
Relating to the case of U.S. v. Hasan and to the decision of the
Judge Advocate General of the United States Army with respect to
that case.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 180
SHORT TITLE: VETERAN DESIGNATION ON DRIVER'S LICENSE
SPONSOR(s): REPRESENTATIVE(s) SADDLER
03/09/11 (H) READ THE FIRST TIME - REFERRALS
03/09/11 (H) MLV, STA
03/17/11 (H) MLV AT 1:00 PM CAPITOL 120
BILL: HJR 18
SHORT TITLE: CONSIDER DEATH PENALTY FOR NIDAL HASAN
SPONSOR(s): REPRESENTATIVE(s) GATTO
03/07/11 (H) READ THE FIRST TIME - REFERRALS
03/07/11 (H) MLV, JUD
03/17/11 (H) MLV AT 1:00 PM CAPITOL 120
WITNESS REGISTER
VERDIE BOWEN, Director
Office of Veteran Affairs
Department of Military & Veterans' Affairs (DMVA)
Fort Richardson, Alaska
POSITION STATEMENT: Testified in support of HB 180.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
180.
JOSEPH FIELDS, Chair
Alaska Veterans Advisory Council
Department of Military & Veterans' Affairs (DMVA)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the proposed
committee substitute (CS) for HB 180.
RON SIEBLES, Regional Commander
Military Order of the Purple Heart
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 180.
GARY KURPIUS, Past National Commander
Veterans of Foreign Wars (VFW)
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 180.
SARAH MUNSON, Staff
Representative Carl Gatto
Juneau, Alaska
POSITION STATEMENT: During discussion of HJR 18, responded to
questions on behalf of the sponsor, Representative Gatto.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU of Alaska)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 18.
ACTION NARRATIVE
1:02:21 PM
CO-CHAIR STEVE THOMPSON called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:02 p.m.
Representatives Thompson, Saddler, Miller, Gatto, Austerman, and
Lynn were present at the call to order. Representative Cissna
was excused.
HB 180-VETERAN DESIGNATION ON DRIVER'S LICENSE
1:02:58 PM
CO-CHAIR THOMPSON announced that the first order of business
would be HOUSE BILL NO. 180, "An Act authorizing the Department
of Administration to note a person's status as a veteran on the
person's driver's license and to provide certain information to
the Department of Military and Veterans' Affairs."
1:03:30 PM
REPRESENTATIVE GATTO moved to adopt the proposed committee
substitute (CS) for HB 180, Version 27-LS0589\B, Luckhaupt,
3/15/11, as the working document. There being no objection,
Version B was before the committee.
1:03:50 PM
CO-CHAIR SADDLER, speaking as the prime sponsor of HB 180,
explained that the bill authorizes the, Division of Motor
Vehicles (DMV), Department of Administration, to note a person's
status as a veteran on their state driver's license or
identification card. The division would also be authorized to
give the name and address of a person receiving a veteran-
designated card to the Department of Military & Veterans'
Affairs (DMVA). This legislation seeks to help Alaska veterans
receive more of the benefits they have earned and to which they
are entitled. In Alaska, about 60 percent of businesses offer
special discounts and benefits to veterans. Veteran-designated
driver's licenses and identification cards would provide
veterans convenient proof of their veteran status in order for
them to more easily enjoy the full range of benefits offered,
without having to carry discharge documents. Furthermore, HB
180 authorizes DMV to provide names and addresses of veterans to
DMVA in order to better remain in contact with them.
REPRESENTATIVE GATTO asked whether other groups such as firemen
and students will want designated licenses.
CO-CHAIR SADDLER indicated no.
1:07:13 PM
VERDIE BOWEN, Director, Office of Veteran Affairs, Department of
Military & Veterans' Affairs, explained that there are veterans
around the state who are unable to receive a U.S. Department of
Veteran Affairs (VA) medical card, and thus they are required to
present their discharge documents in order to receive discounts.
Because discharge documents are difficult to decipher, deserving
veterans are sometimes denied benefits.
1:08:26 PM
CO-CHAIR SADDLER asked for background information on this issue.
MR. BOWEN relayed that last summer he witnessed an elderly
gentleman using his Report of Separation (DD Form 214) to obtain
a military discount and, when asked, the gentleman indicated
that a veteran designation on his driver's license would be
helpful.
CO-CHAIR SADDLER asked for other states' experience with
veteran-designation licenses.
MR. BOWEN offered his understanding that Oregon and Arkansas
have programs in place, and that many people are pleased. He
surmised that the licenses are more easily recognized than is a
DD Form 214.
REPRESENTATIVE MILLER asked whether the bill specifies a
veteran's service in a particular branch of the military, or
just their status as a veteran.
1:10:30 PM
MR. BOWEN indicated no, because those offering discounts are
recognizing the veteran.
REPRESENTATIVE GATTO pointed out that the fiscal note indicated
a one-time expense of about $100,000, and surmised there are no
on-going expenses.
MR. BOWEN said correct, and added that the impact of the bill is
similar to that of organ donors who are seeking changes to their
driver's licenses.
REPRESENTATIVE GATTO asked for the source of the additional
revenue of $693,000 for fiscal year 2012 (FY 12) that was
indicated on the fiscal note.
CO-CHAIR SADDLER explained that DOA estimated expenses of
$96,000 in the first year, and additional revenues of about
$700,000 from issuing duplicate cards to eligible veterans for a
fee of $15 each.
1:12:50 PM
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, advised that the estimated $96,500
expense to DMV is for the expansion of its database to include a
field for veterans' information and the transfer of information
to DMVA. The estimated revenue amount assumes 75 percent of
current veterans will seek a duplicate card, less 20 percent who
are due for renewal anyway.
REPRESENTATIVE GATTO asked whether this was a one-time charge to
the veteran.
MS. BREWSTER explained that the veteran would be charged $15 for
a duplicate license with the veteran designation if it is issued
prior to the expiration date of their license. If they wait for
renewal, there would be no charge for the veteran designation.
1:16:12 PM
JOSEPH FIELDS, Chair, Alaska Veterans Advisory Council,
Department of Military & Veterans' Affairs, informed the
committee Alaska has 77,000 veterans, with about one-third
registered. He predicted that this legislation would provide an
incentive to register and thereby bring additional benefits to
the state and its veterans. Mr. Fields opined the bill would be
an effective way to reach and honor veterans.
1:18:03 PM
RON SIEBLES, Regional Commander, Military Order of the Purple
Heart, expressed his full support for the bill because it gives
veterans a helping hand. In fact, this is a bridge to services
that are available. He pointed out that a driver's license or
card is easier to carry and more durable than a document.
1:19:12 PM
GARY KURPIUS, Past National Commander, Veterans of Foreign Wars
(VFW), expressed his full support of HB 180, and added that
compiling a record at DMVA of all veterans will mean that all
registered veterans are notified of legislative changes within
the U. S. Department of Veterans Affairs (VA). This method
would be more efficient than efforts by service officers, and
would bring in revenue to the state.
REPRESENTATIVE AUSTERMAN asked for the purpose of the provision
requiring DMV to provide the names and addresses of veterans to
DMVA.
MR. KURPIUS advised his experience as a service officer for 21
years was that is it hard to relay information to veterans who
live in the Bush. An atlas on record would allow every veteran
to be notified that they may be eligible to file a claim.
1:21:49 PM
CO-CHAIR SADDLER further explained that the benefit to veterans
of having their name and address on record with the Office of
Veterans Affairs, DMVA, is to ensure that they are aware of the
benefits due them. He restated that there are 50,000 veterans
in Alaska not in contact with the office, and this presents
another opportunity for communication.
1:22:53 PM
CO-CHAIR THOMPSON closed public testimony.
REPRESENTATIVE AUSTERMAN expressed his surprise at the estimated
time allowed to make this small change to driver's licenses.
Furthermore, he said he has a hard time believing that 80
percent of veterans will come forward to request duplicate
licenses, thus the amount of estimated revenue may be inflated.
1:24:31 PM
REPRESENTATIVE LYNN expressed his support of the bill, but
questioned the language on page 1, line 8, which refers to "a
retired veteran," saying retired veterans have a military
identification (ID) card.
CO-CHAIR THOMPSON relayed that he, as an honorably discharged
veteran, does not know where his discharge documents are, and
would request a veteran-designated driver's license.
REPRESENTATIVE LYNN surmised the language, although redundant,
does not cause any harm.
CO-CHAIR SADDLER acknowledged that military retirees do have
access to the card, but added that many veterans served
honorably, but did not retire from service.
REPRESENTATIVE LYNN concluded that they are a veteran, whether
retired or not.
REPRESENTATIVE MILLER asked whether the design has been
developed yet.
CO-CHAIR SADDLER said no.
REPRESENTATIVE MILLER suggested putting the designation on the
line with the driver's name, in order to avoid the cost of re-
programming the system.
1:27:17 PM
REPRESENTATIVE AUSTERMAN, observing that the fiscal note refers
to the redesign of driver's licenses, assumed that the bill
includes other ID cards issued by DMV or the Division of State
Troopers, Department of Public Safety (DPS).
CO-CHAIR SADDLER concurred, pointed out that provision was
included in the CS.
1:28:18 PM
REPRESENTATIVE GATTO agreed with Representative Austerman that
the fiscal note designates a lot of money for software work.
REPRESENTATIVE AUSTERMAN advised the fiscal note can be changed
by the committee.
CO-CHAIR SADDLER said he would encourage DMV to do what it can
to reduce the cost. In further response, he suggested that the
next committee of referral could address this issue.
REPRESENTATIVE LYNN indicated this could be done by the House
State Affairs Standing Committee.
1:30:43 PM
REPRESENTATIVE AUSTERMAN moved to report the proposed CS for HB
180, Version 27-LS0589\B, Luckhaupt, 3/15/1l, out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, CSHB 180(MLV) was reported
from the House Special Committee on Military and Veterans'
Affairs.
1:31:12 PM
The committee took an at-ease from l:31 p.m. to 1:32 p.m.
HJR 18-CONSIDER DEATH PENALTY FOR NIDAL HASAN
1:32:12 PM
CO-CHAIR THOMPSON announced that the final order of business
would be HOUSE JOINT RESOLUTION NO. 18, Relating to the case of
U.S. v. Hasan and to the decision of the Judge Advocate General
of the United States Army with respect to that case.
1:33:37 PM
REPRESENTATIVE GATTO, speaking as the sponsor, offered his
understanding that the alleged crime described in the sponsor
statement was witnessed by a number of people, and the act was
deliberate and pre-planned. The resolution is an opportunity to
have the death penalty considered at sentencing.
REPRESENTATIVE MILLER asked whether the death penalty option is
"currently off the table, or on the table, or being discussed."
REPRESENTATIVE GATTO said that was unknown, but the intent of
the resolution is to encourage it. He opined a military
sentencing would include the death penalty.
REPRESENTATIVE MILLER concurred.
1:35:14 PM
SARAH MUNSON, Staff, Representative Carl Gatto, Alaska State
Legislature, on behalf of the sponsor, Representative Gatto,
understood that Major Nidal Malik Hasan, M.D. faces a court
martial with the possibility of the death penalty.
REPRESENTATIVE LYNN pointed out that the subject has not been
tried yet, and asked whether the resolution may prejudice the
case.
MS. MUNSON acknowledged that the resolution does not refer to
the events as "alleged," which was an oversight. The drafter of
the bill indicated that "According to publicly available
documents, these are the assumed or alleged facts of the case"
could be inserted at the beginning of the resolution if the
committee so desires.
CO-CHAIR SADDLER agreed with Representative Lynn and stated he
would like to see "allegedly" included in the language.
Furthermore, he expressed his concern about the language on page
2, lines 5-8, which refers to crimes and an act of terrorism,
and questioned how these statements would be qualified.
1:38:00 PM
REPRESENTATIVE AUSTERMAN opined this is poor public policy and
said he would have difficulty supporting the resolution or
moving it from committee.
REPRESENTATIVE MILLER noted that the subject is identified as
both "Major" and "Mr." in the document, and asked if
clarification is needed.
MS. MUNSON opined the use of both titles is a stylistic choice.
In further response to Representative Miller, she indicated that
the resolution was modeled after one similar.
REPRESENTATIVE LYNN expressed a preference for the resolution to
be consistent throughout.
REPRESENTATIVE MILLER asked whether insanity has been offered as
a possible defense.
MS. MUNSON expressed her belief that the subject was declared
competent to stand trial.
1:41:01 PM
REPRESENTATIVE GATTO opined that none of the statements in the
resolution are under dispute.
1:42:12 PM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), called attention to written
testimony provided in members' committee packets. In response
to an earlier question, he expressed his understanding that as
of the beginning of March, the Commander of the 21st Air Cavalry
Brigade recommended that the charges against Major Hasan be sent
to a general court martial, which would allow for imposition of
the death penalty. This decision will be made by the III Corps
Commander, Lt. Gen. Cone, thus this resolution may not be
timely; moreover, ACLU of Alaska has fundamental and significant
concerns with the death penalty. He pointed out that trial
proceedings must be seen to be independent of political
influence and based only on the facts and evidence presented.
Because of the ethical duties of the attorneys and for the
independence of the tribunal, ACLU of Alaska believes it is
inappropriate for any political body to attempt to influence the
impartiality. In fact, this resolution may be used by defense
counsel as a point of appeal. In addition, Mr. Mittman referred
to page 1, lines 7-8 of the resolution, and noted that, as
worded, the resolution could be construed as disrespectful to
Muslim Americans and their faith. He concluded by saying that
ACLU of Alaska prefers that the committee not move forward with
HJR 18 in order to prevent the appearance of impropriety or of
attempting to influence the tribunal.
1:45:41 PM
REPRESENTATIVE GATTO asked whether different uses of the phrase
"Allahu Akbar" make different statements.
MR. MITTMAN explained that in reading HJR 18, the language
intends to show that the statement is evidence that Major Hasan
was committing a "jihad" crime; however, as written, the
resolution does not draw such a distinction. Therefore, it
would be beneficial to alter the language.
1:46:58 PM
REPRESENTATIVE LYNN explained that he agreed with much of Mr.
Mittman's comments.
REPRESENTATIVE AUSTERMAN referred to a handout in member's
committee packets titled, "Death Penalty Script." He asked for
the source of the document.
REPRESENTATIVE LYNN clarified that the document was submitted by
him and was drafted last year to reflect his opinion on other
proposed legislation related to the death penalty.
1:48:51 PM
MS. MUNSON referred to page 1, lines 7-8, of the resolution, and
explained that the legislation reflects only that Major Hasan
made this statement during the commission of a crime.
REPRESENTATIVE GATTO added that the resolution contains
"observations made by people that were there."
1:50:28 PM
CO-CHAIR THOMPSON closed public testimony.
REPRESENTATIVE MILLER noted that language on page 1, line 9,
states that Mr. Hasan killed 12 unarmed soldiers, a civilian,
and an unborn child; however, 13 victims are named.
MS. MUNSON explained that a retired officer was counted as a
civilian, and the unborn child was not named.
CO-CHAIR SADDLER understood the motivation of the sponsor;
however, he, too, agrees with the comments from Mr. Mittman, and
does not want to give any grounds for appeal.
CO-CHAIR THOMPSON indicated that HJR 18 would be set aside in
order to allow time for the committee to receive an opinion from
Legislative Legal and Research Services, Legislative Affairs
Agency, as to whether the resolution would be proper, and
whether it would provide grounds for appeal.
[HJR 18 was heard and held.]
1:52:48 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0180A[1].pdf |
HMLV 3/17/2011 1:00:00 PM |
HB 180 |
| Sponsor Stmt - HB 180.pdf |
HMLV 3/17/2011 1:00:00 PM |
HB 180 |
| HB180-DOA-DMV-03-11-11 Fiscal Note.pdf |
HMLV 3/17/2011 1:00:00 PM |
HB 180 |
| CS for HB 180.pdf |
HMLV 3/17/2011 1:00:00 PM |
HB 180 |
| Explanation of Changes _ HB 180.pdf |
HMLV 3/17/2011 1:00:00 PM |
HB 180 |
| HJR018A[1].pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR18 Sponsor Statement 03-12-11.pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR18 Supporting Documents-Article Fox AP 11-07-09.pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR18 Supporting Documents-Article NY Daily News 11-06-09.pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR18 Supporting Documents-Article San Antonio 11-07-09.pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR18 Supporting Documents-Article Washington Post 11-06-10.pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR 18 2012 ZERO Fiscal Note.pdf |
HMLV 3/17/2011 1:00:00 PM |
|
| HJR 18 ACLU Legal Issues 2011 03 17.pdf |
HMLV 3/17/2011 1:00:00 PM |