03/19/1998 04:37 PM House MLV
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HOUSE SPECIAL COMMITTEE ON
MILITARY AND VETERANS' AFFAIRS
March 19, 1998
4:37 p.m.
MEMBERS PRESENT
Representative Beverly Masek, Chair
Representative Joe Ryan
Representative Pete Kott
Representative Eldon Mulder
Representative Richard Foster
Representative Reggie Joule
MEMBERS ABSENT
Representative Irene Nicholia
COMMITTEE CALENDAR
CONFIRMATION HEARING:
ANG Assistant Adjutant General
Brigadier General Stephen P. Korenek
- CONFIRMATION ADVANCED
HOUSE BILL NO. 356
"An Act establishing the Joint Committee on Military Bases in
Alaska; and providing for an effective date."
- MOVED CSHB 356(MLV) OUT OF COMMITTEE
* HOUSE BILL NO. 464
"An Act relating to state veterans' home facilities."
- MOVED HB 464 OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 356
SHORT TITLE: JOINT TASK FORCE ON MILITARY BASES
SPONSOR(S): REPRESENTATIVES(S) MULDER, Dyson, Foster, Croft, Ivan
Jrn-Date Jrn-Page Action
01/26/98 2138 (H) READ THE FIRST TIME - REFERRAL(S)
01/26/98 2138 (H) MLV
03/10/98 (H) MLV AT 4:30 PM CAPITOL ROOM 124
03/10/98 (H) MINUTE(MLV)
03/19/98 (H) MLV AT 4:30 PM CAPITOL 124
BILL: HB 464
SHORT TITLE: NURSING CARE AT STATE VETERANS' HOME
SPONSOR(S): STATE AFFAIRS
Jrn-Date Jrn-Page Action
03/04/98 2499 (H) READ THE FIRST TIME - REFERRAL(S)
03/04/98 2499 (H) MLV, STATE AFFAIRS
03/19/98 (H) MLV AT 4:30 PM CAPITOL 124
WITNESS REGISTER
Brigadier General Stephen P. Korenek
P.O. Box 1774
Nome, Alaska 99762
Telephone: (907) 443-5158
POSITION STATEMENT: Discussed his qualifications with regards to
his appointment as Assistant Adjutant
General.
KURT P. AUTOR
P.O. Box 23-2021
Anchorage, Alaska 99523
Telephone: (907) 561-2552
POSITION STATEMENT: Opposed confirmation of General Korenek on
behalf of his clients.
BARBARA COTTING, Legislative Assistant
to Representative Jeannette James
Alaska State Legislature
Capitol Building, Room 102
Juneau, Alaska 99801
Telephone: (907) 465-6822
POSITION STATEMENT: Presented HB 464.
JAMES L. KOHN, Director
Division of Alaska Longevity Programs
Department of Administration
P.O. Box 110211
Juneau, Alaska 99811-0211
Telephone: (907) 465-2159
POSITION STATEMENT: Testified on HB 464.
ACTION NARRATIVE
TAPE 98-3, SIDE A
Number 001
CHAIR BEVERLY MASEK called the House Special Committee on Military
and Veterans' Affairs meeting to order at 4:37 p.m. Members
present at the call to order were Representatives Masek, Ryan,
Kott, Mulder, Foster and Joule.
CONFIRMATION HEARING
[NOTE: THE RECORDING EQUIPMENT, DURING A MAJOR PORTION OF THIS
MEETING, MALFUNCTIONED. MANY PARTS OF THIS MEETING WERE
INAUDIBLE.]
CHAIR MASEK announced the committee would have a confirmation
hearing for Brigadier General Stephen P. Korenek. She noted that
Mr. Korenek was connected via teleconference. She asked him to
discuss his qualifications regarding the appointment.
Number 110
STEPHEN P. KORENEK informed of the committee of his service in the
U.S. Army Infantry, the National Guard, and his education and his
work experience with the Department of Corrections and other state
agencies. He informed the committee that he as been married for 30
years and has raised four children in Alaska [A copy of Mr.
Korenek's resume is located in the committee file].
Number 0437
REPRESENTATIVE JOE RYAN asked what the total amount of time was
that he spent in Nome.
MR. KORENEK informed the committee he moved to Nome in September,
1982, and moved away on October 1, 1997.
Number 472
REPRESENTATIVE REGGIE JOULE said he is concerned about some
information he recently received relating to issues regarding
discrimination, particularly relating to Alaskan Natives in the
National Guard.
MR. KORENEK stated that he believes that points were raised in
1994, when General Lestenkof was appointed Adjutant General. He
appointed a Board of Inquiry which met with representatives across
the state from the civil sector. He informed the committee of
others who were on the board. They address quite a few issues that
were brought to them by members of the Guard, primarily full-time
military employees. The board developed a report that was
published. Mr. Korenek informed the committee that he reviewed
that report a couple of years ago and the National Guard has been
working since then to ameliorate any of those issues that proved to
be substantive. He noted it is currently an ongoing process.
REPRESENTATIVE JOULE asked if there has been a resolution to any
the issues.
MR. KORENEK said he believes that a lot of those issues have been
"put to bed." He noted that a couple of the Native officers have
been promoted to the rank of colonel.
REPRESENTATIVE JOULE said he had just received the information and
hasn't had an opportunity to digest it all. He said, "It has a
long, long history out in rural Alaska and we've watched a lot of
the folks get involved in the military through the National Guard
and, you know, move up through the system. And as I recall a few
years ago about some of the issues of discrimination, but I never
did hear what the outcomes of those were. And your name is brought
up in association with this and that does concern me some, but not
having had an opportunity to digest all the information, I think
that at this point that I would just voice that I do have some
concerns in this area. I want to be really careful though."
MR. KORENEK informed the committee that he was living in Nome when
that situation was occurring and the board meetings were being held
in Anchorage. He stated, "I don't recall, in any way, any
substance of issue that my name was brought in that. So I would be
happy to look at that material when you're done with it and see if
there is anything I could address (indisc.)."
Number 802
CHAIR MASEK asked Representative Joule if he would share his
information with the committee members so they can see what he is
speaking about.
REPRESENTATIVE JOULE indicated he would share the information.
REPRESENTATIVE RICHARD FOSTER informed the committee that he is
aware of these charges. He said, "But you know they've been going
on since General Hugh Cox was put in during the Hickel
Administration and they surfaced around 1993, against General Cox.
I've known General Korenek now for 15 years. I'm the former
executive officer -- number 2 in command, of the Scout Battalion in
Nome and I'm part Eskimo. I've never heard anybody ever tell me
that Steve Korenek was racist. I've, every summer now for the last
ten years, I've made it point to knock on every door in every
village in Western Alaska. I've never had one single person tell
me, that's enrolled in the National Guard, they had some kind of
racial problems with Steve Korenek. He's a professional, he's a
Vietnam Veteran. There hasn't been a month that I haven't talked
to him in the last ten years, in particular, not only in relation
to his probation activities, but in relation to National Guard
functions, about how things were going. And I've always been
impressed by his professionalism. The only person that has
(indisc.) these charges, and I think they're a matter of the
record, is General Cross although there is a little bit of back up
information here from some retired people, including Colonel Soxton
and I believe a Colonel Austin. The main charges by Colonel Cross,
in 1992, against General Cox was that he wasn't promoted to a full
bird colonel. He said that was racist and that General Cox wasn't
promoting him because he was Eskimo. I believe that's been through
the courts. As a matter of fact the lawyer, Autor, I don't know
how to pronounce that, in paperwork that Representative Joule has,
explains that it's under administrative appeal right now. And that
not being able to get anywhere that way, he's taking political
leverage to try to force promotion of Cross to be the assistant
adjutant general. But you know the fact is Steve Korenek was
confirmed by this committee last year and there was no charges of
racism brought against him at that time, either here or in the
Senate. And it's only been because of this new position in which
he slotted that these charges have resurfaced again. It's just
like a bad apple in a barrel, I don't know where these charges are
coming from. I don't feel that there is any substance to them. As
a former army officer myself and having been in the National Guard
stationed in Nome and knowing every Native on the entire Seward
Peninsula, never having gotten any complaints about racial problems
directed against him - you know, I'm big supporter of Steve and
he's weathered a lot storms as far as he is and I'm very supportive
of this slot that he's being fitted into right now. I don't feel
that there is any substance at all to these allegations."
KURT P. AUTOR testified via teleconference. He informed the
committee he has been working on matters on behalf of a dozen
different guardsmen that represent a wide cross section of members
of the guard. He said he has accumulated evidence from before
1992, and it has left him in a state of absolute disbelief that a
public agency has been allowed, through senior commands, to operate
in this way. Mr. Autor said, "I need to emphasize, in light of
Representative Foster's comments, this is not a personal attack
against General Korenek. This is not a personal attack against any
individual. What this is, is an attempt to initiate reform efforts
that are very badly needed. Indeed, Representative Foster, with
all due respect, confirms that these allegations have been going
back since 1992, and the fact of the matter is that (indisc.) and
they are not being corrected by the senior command. It is
important for (indisc.) of the organization and the interest of
public accountability that I am coming before this committee to
bring serious focus on the allegations that I am presenting and
that in fact I can support actual evidence. The nomination, I
oppose on behalf of my clients, the confirmation of General Korenek
because of how it relates to the larger issue of a (indisc.)
pattern, illegal activities and corrupt (indisc.) engaged by the
senior command." Mr. Autor continued to give testimony against the
confirmation of General Korenek and discussed other issues not
relating to the confirmation.
CHAIRMAN MASK asked Mr. Autor to submit any written comments to the
committee.
REPRESENTATIVE FOSTER noted that he has served under three
different governors over the last ten years. He said, "In the last
12 years, Native people have been in charge of the major general
slot of the adjutant general - the commissioner of Military and
Veterans Affairs have been Native. It was General Schaffer for
four years under Cowper, it's been four years now under Lestenkof,
a Native general that has been running the Guard and we've only had
four with General Cox. Nearly 70 percent of the time in the last
12 years, we've had Natives in charge of the entire Guard for the
entire state." He stated he fully supports the confirmation of Mr.
Korenek.
Number 1757
REPRESENTATIVE ELDON MULDER made a motion to forward General
Kornek's name to the full confirmation process of the legislature.
There being no objection, it was so ordered.
REPRESENTATIVE FOSTER said, "I'm a Native, I'm a former member
member - officer of the National Guard for the state of Alaska.
I've served with the Guard in Nome and with my fellow Natives
(indisc.), and I've been real proud. I've never heard of any
racism charges leveled against anybody in my entire district in ten
years. And, you know, Steve Korenek has been in the military now
for 30 years and I think it's a shame -- I think it's shameful that
people can politically assassinate them on unsubstantiated charges
of racism, you know, in an effort to get themselves promoted or
some other agenda, who knows what it is. But I think that
proceedings like this where charges are leveled against a
professional army officer are shameful."
HB 356 - JOINT TASK FORCE ON MILITARY BASES
Number 1875
CHAIR MASEK announced the next order of business would be HB 356,
"An Act establishing the Joint Committee on Military Bases in
Alaska; and providing for an effective date," sponsored by
Representative Mulder.
REPRESENTATIVE MULDER informed the committee that the Senate has a
counter measure that reflects the same legislation. A concern was
raised, at the previous hearing on the bill, in relation to the
fiscal note. He said he would propose that the committee adopt the
Senate companion fiscal note to CSSB 255, which is dramatically
pared down. He stated it was his intention to pare the fiscal note
down when the bill came to the House Finance Committee, but he is
more than willing to do it at this point in time.
CHAIR MASEK questioned if that was a motion.
REPRESENTATIVE MULDER responded, "Consider it a motion. So moved,
Madam Chairman."
CHAIR MASEK asked if there was any debate or comments regarding HB
356. There were no comments.
Number 1923
REPRESENTATIVE RYAN made a motion to move CSHB 356(MLV) out of
committee with the accompanying fiscal notes and with individual
recommendations. There being no objection, CSHB 356(MLV) moved out
of the House Special Committee on Military and Veterans' Affairs.
HB 464 - NURSING CARE AT STATE VETERANS' HOME
Number 1945
CHAIR MASEK announced the last order of business would be HB 464
"An Act relating to state veterans' home facilities," sponsored by
the House State Affairs Committee.
BARBARA COTTING, Legislative Assistant to Representative Jeannette
James, Alaska State Legislature, came before the committee to
explain the legislation. She informed the committee members that
several weeks ago Veterans Organizations visited her office and
presented some of their legislative priorities and HB 464 is a
result of her conversation. Ms. Cotting read the following
statement into the record:
"House Bill 464 amends Chapter 98, Session Laws of Alaska 1992.
This special law of Alaska authorizes an Alaskan veterans' home and
includes verbiage identifying domiciliary care. However, in order
for the state to recuperate approximately 65 percent of the
construction costs of the home from the Veteran's Administration,
the law must include nursing facilities. Without them, the state
will have to shoulder the burden of all construction costs.
"Further, veterans' homes in other states are self sufficient in
many cases because they contain nursing facilities. The nursing
facility allows the state to collect medical fees from Medicare,
Medicaid, and other third party health insurance. This offsets any
state operating costs."
MS. COTTING noted that many of the veterans are out-of-state at
another meeting, so they couldn't be in attendance to testify on
the bill. She noted that she is not an expert on the details of
the legislation.
Number 2021
REPRESENTATIVE JOULE indicated there is a huge fiscal note.
CHAIR MASEK stated that she assumes the bill will pick up another
committee of referral.
REPRESENTATIVE JOULE referred to medical care for veterans and
asked if there is currently an arrangement with the hospitals
around the state where the veterans can get their medical
conditions taken care of.
MS. COTTING explained she does not know the answer to the question,
but would defer to anyone who does.
Number 2062
REPRESENTATIVE RYAN stated, "A facility would establish a Medicaid
number with the Medicaid portion of our health, education and
social service. And they would submit a claim of code - proper
authorized codes, and then they would argue whether they're going
to get paid. Not all payments are as speedy - as expedited as they
should, but eventually they sort things out and the payment comes
considering the service provided, what particular service it was
and what the eligibility of the recipient was. It is pretty much
straight forward. They're the same as the hospital or anybody else
would bill. I'll give you a small conflict on this, my wife is a
registered nurse and works in nursing facilities. In case anybody
- there's a conflict there I'm declaring. It's generally similar
to a nursing home, long-term care facility if you have the nursing
services available. People who have to have medical procedures or
nursing care would come under regular insurance and/or whatever
their eligibility would be. The Veteran's Administration (VA) --
adds a coverage for these people they would be reimbursed through,
however that was with the VA."
Number 2118
REPRESENTATIVE JOULE said there is nursing care facility for the
elderly in Kotzebue. He said if a new veterans' facility was
constructed, would those people in Kotzebue have to the use the new
facility first, wherever it was located rather than the one in
their home community.
REPRESENTATIVE RYAN said his knowledge of the actual veterans' care
facility is some years dated, but the last time he was aware, since
they did not have a veterans' facility in the state, most
facilities that offered medical care were eligible to provide care
to veterans and be reimbursed by the VA. He referred to a military
hospital (indisc.) in Fort Wainwright and said he is not sure if
the one at Elmendorf provides the same thing, but he knows that
private medical facilities also had that ability because evidently
the federal government didn't want to incur the cost putting a
facility in Alaska. It is just a lot easier to use the existing
facilities and to pay for the care.
Number 2183
JAMES L. KOHN, Director, Division of Alaska Longevity Programs,
Department of Administration, came before the committee. He noted
he is the author of the fiscal note. He explained the information
that Representative Ryan discussed is correct. Mr. Kohn read the
following paragraph out of letter from Senator Murkowski with
regard to the possible construction of a VA home in the state of
Alaska:
"We should also realize that we have VA community nursing home
program now. It obligates the federal government to pay the total
cost of care of veterans that the VA places in community nursing
homes. We need to realize that after the home is opened, if the
home was established, we will be exchanging some of that federal
money for state obligations and it will not be on a one to one
trade, in fact it's nowhere near a one to one trade."
MR. KOHN said if a veteran has a long-term care need and is
eligible, they're able to enter their community program, the
Veteran's [Administration] are at this time obligated to pay those
total costs. If you build a veterans' home in North Pole and you
live in Ketchikan, you'll have to go to North Pole to get that kind
of care.
Number 2263
REPRESENTATIVE JOULE indicated he knows some of the veterans who
are at the senior facilities. He said, "They want to be close to
home because they're in their -- you know, that's about as close as
they can get, if they're from the villages, to their family. And
they're not going to be around much longer and to be totally some
place else -- I know this sounds kind of cruel, but to die alone is
a lonely thing. In terms of -- they're getting care currently
under this current system. This is not broken. What are we
doing?"
MS. COTTING said the bill was introduced as a direct response to a
response by the Veteran's Association. She said since they are not
in attendance to present their rationale, she can't speak for them.
She noted that she believes there is a compromise that is currently
being worked on. She said pointed out that the next committee of
referral is the House State Affairs Committee that Representative
James chairs. Ms. Cotting stated, "If it's possible to move this
out and then anybody who has watched State Affairs the last few
years knows it will get a thorough hearing in there. It won't get
rushed through. I think the sponsor of the bill, Representative
James, would give it a good hearing in State Affairs. If the
committee would care to move it on out since we don't know when
you'll be meeting again, that might be an option. Granted, the
bill is flawed as it is and there needs to be a lot more work on
it." She said Representative Joule's point is true in that it
would be terrible to take people away from their homes in their
last years.
Number 2344
REPRESENTATIVE RYAN stated he agrees with Representative Joule. He
said we have a unique situation in Alaska and they don't do this
anywhere else. He discussed the hardship of uprooting people that
would have to move to the home.
Number 2379
REPRESENTATIVE MULDER said he believes that there are quite a few
good reasons for considering the bill. He said, "I probably would
advocate that we just turn a blind eye at this point in time
towards the fiscal note because certainly the $10 oil, most things
with fiscal notes has pretty though scrutiny up in Finance right
now. But look just at the merits of the issue and I think that
we've raised some concerns today, but I think there are also some
merits to it in terms of the focus and attention that are placed on
veterans by VA homes and domiciliary. So with that, Madam
Chairman, I would move that we pass [HB] 464 along to State
Affairs, knowing it will pick up a Finance referral as well, and
along with its accompanying fiscal notes and individual
recommendations."
CHAIR MASEK asked if there was an objection. Hearing none, HB 464
was moved out of the House Special Committee on Military and
Veterans' Affairs.
ADJOURNMENT
Number 2420
CHAIR MASEK adjourned the House Special Committee on Military and
Veterans' Affairs at 5:21 p.m.
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