Legislature(2003 - 2004)
03/18/2004 01:10 PM House MLV
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ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND
VETERANS' AFFAIRS
March 18, 2004
1:10 p.m.
MEMBERS PRESENT
Representative Nick Stepovich, Chair
Representative Beverly Masek, Vice Chair
Representative Nancy Dahlstrom
Representative Bob Lynn
Representative Bruce Weyhrauch
Representative Sharon Cissna
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 440
"An Act relating to the Alaska Pioneers' Home, and the Alaska
Veterans' Home; relating to eligibility for admission to the
Alaska Pioneers' Home and Alaska Veterans' Home; relating to
state veterans' home facilities; making conforming amendments;
and providing for an effective date."
- MOVED CSHB 440(MLV) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 440
SHORT TITLE: PIONEERS' HOMES/VETERANS' HOMES
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
02/05/04 (H) READ THE FIRST TIME - REFERRALS
02/05/04 (H) MLV, HES, FIN
03/04/04 (H) MLV AT 3:00 PM CAPITOL 120
03/04/04 (H) Heard & Held
03/04/04 (H) MINUTE(MLV)
03/18/04 (H) MLV AT 1:00 PM CAPITOL 124
WITNESS REGISTER
DENNIS DeWITT, Special Staff Assistant
Office of the Governor
Juneau, Alaska
POSITION STATEMENT: Reviewed HB 440.
BOB HUFFMAN, Legislative Committee
Grand Igloo
Fairbanks, Alaska
POSITION STATEMENT: Testified on HB 440.
LEON BERTRAM, State Service Officer
American Legion
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 440.
JOHN KELLEY, Service Officer
Veterans of Foreign Wars
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 440.
RIC DAVIDGE, Vice President
Vietnam Veterans of America;
Chairman, Legislative Affairs;
Chairman, Alaska Veterans Foundation
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the creation of the
Palmer Veterans' Home as a first step.
JOHN VOWEL, Director
Division of Longevity Programs
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 440, answered
questions.
JIM VAN HORN, State Commander
American Legion
Fairbanks, Alaska
POSITION STATEMENT: During discussion of HB 440, testified in
support of the establishment of the Palmer Veterans' Home.
DONALD DINKEL
Wasilla, Alaska
POSITION STATEMENT: During discussion of HB 440, encouraged the
state to negotiate funding [for veterans] that can be used in
all the pioneers' homes.
RON ELLER, Post Commander
Veterans of Foreign Wars;
Member, Alaska Veterans Advisory Council
Kodiak, Alaska
POSITION STATEMENT: Testified that the veterans support and
request passage of HB 440.
RYAN COLGAN, Staff
to Representative Stepovich
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 440, spoke on
Amendments 1 and 2.
ACTION NARRATIVE
TAPE 04-2, SIDE A
Number 0001
CHAIR NICK STEPOVICH called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:10 p.m.
Representatives Stepovich, Masek, Weyhrauch, Dahlstrom, Lynn,
and Cissna were present at the call to order. Representative
Gruenberg arrived as the meeting was in progress.
HB 440-PIONEERS' HOMES/VETERANS' HOMES
CHAIR STEPOVICH announced that the only order of business would
be HOUSE BILL NO. 440, "An Act relating to the Alaska Pioneers'
Home, and the Alaska Veterans' Home; relating to eligibility for
admission to the Alaska Pioneers' Home and Alaska Veterans'
Home; relating to state veterans' home facilities; making
conforming amendments; and providing for an effective date."
[Before the committee is CSHB 440, Version 23-GH2085\D, Mischel,
3/1/04.]
Number 0223
DENNIS DeWITT, Special Staff Assistant, Office of the Governor,
reminded the committee this legislation will allow the Palmer
Pioneers' Home to be converted into a veterans' home. The
legislation includes transition language, which ensures that no
one will be moved without his or her consent. Therefore, no one
will be forced to move due to passage of this legislation. Mr.
DeWitt explained that this legislation includes language
allowing the collection of per diem from the Veterans
Administration during that transition period. Only a few
nonsubstantive issues remain to be "hammered out" with the
Veterans Administration. The legislation repeals many statutes
that have been put in place over the years as attempts to
develop a veterans' home have arisen.
MR. DeWITT recalled from the prior hearing of HB 440, the
question regarding whether Merchant Marines would be eligible as
veterans to enter the Alaska Veterans' Home. A memorandum dated
March 6, 2004, from Mr. DeWitt is included in the committee
packet. That memorandum specifies that Merchant Marines are
considered veterans, and therefore are eligible for veteran's
benefits if active, ongoing service occurred from December 7,
1941, to August 15, 1945. Such individuals would be able to
enter a state veterans' home as a veteran.
Number 0536
REPRESENTATIVE LYNN requested that Mr. DeWitt review the matter
of smoking at this facility.
MR. DeWITT explained that this facility, as is any other public
building, would be covered by the statutes relative to smoking.
Therefore, smoking would limited to congregate areas. He
specified that there are and will continue to be areas
designated for smokers.
Number 0676
BOB HUFFMAN, Legislative Committee, Grand Igloo, said that he
understands the desire to bring additional funding into the
pioneers' home system in the interest of offsetting state costs
of operational maintenance. He indicated that this proposal
would address an underutilized facility and the possibility of
future rate adjustments. He further indicated that senior
protection is reasonably protected [in Version D]. However,
fees to others [who aren't pioneers] should be reasonably
compatible with existing home use.
Number 0935
LEON BERTRAM, State Service Officer, American Legion, reminded
the committee that two years ago the American Legion, the
Veterans of Foreign Wars, and the Disabled American Veterans
jointly petitioned the legislature to appropriate $250,000 in
order to complete the study of the State Veterans' Home. Mr.
Bertram informed the committee that the aforementioned
organizations selected him to report the activities of the
ongoing study. Upon the completion of the first phase of the
study, the three organizations met with the McDowell Group, who
was performing the study, and the state director of veterans
affairs as well as the Veterans Administration personnel. The
entities reviewed the three options recommended by the state.
At the time, the service organizations unanimously selected the
option to support making the Palmer Pioneers' Home the Alaska
Veterans' Home. Therefore, "we" fully support HB 440.
Number 1030
JOHN KELLEY, Service Officer, Veterans of Foreign Wars, related
that the Veterans of Foreign Wars fully supports HB 440, which
he hoped would be dealt with expeditiously.
Number 1084
RIC DAVIDGE, Vice President, Vietnam Veterans of America;
Chairman, Legislative Affairs; Chairman, Alaska Veterans
Foundation, said that most Americans are aware of the fact that
by the end of the Vietnam War 50,000 American soldiers were
killed. However, most Americans are unaware that since the end
of the Vietnam War over 60,000 Vietnam Veterans have committed
suicide. He explained that the aforementioned happened because
America failed to embrace its Vietnam Veterans as they came
home. Slowly, that has changed over the last 30 years. Mr.
Davidge said he was delighted to see movement in Alaska to heal
those wounds. As mentioned earlier, the veterans' organizations
in the state have worked together and independently in support
of the establishment of a veterans' home. Mr. Davidge related
that although the Vietnam Veterans of America would still prefer
to see the veterans' home located in Anchorage, it does support
the creation of the first home in Palmer. He reminded the
committee that the Vietnam Veterans of America put forth a
proposal to consolidate Veterans Administration facilities and
programs into a single location across from the Alaska Native
Hospital. However, he reiterated support of the creation of the
Palmer Veterans' Home as a first step. Mr. Davidge specified
that one of the overwhelming concerns is that although there
have been many assurances made with regard to the continuing
operation and maintenance funding for the veterans' home, future
legislatures can't be constrained. He expressed further concern
with regard to the possibility of creating a veterans' home and
then slowly chip away at the base funding for it. Mr. Davidge
noted that the Vietnam Veterans of America has provided the
state with information regarding alternative mechanisms for
operation and maintenance funding in Alaska. He concluded by
noting that the committee packet should contain a letter from
the president of the Vietnam Veterans of America in support of
the Palmer Veterans' Home, although there is concern with regard
to the operation and maintenance funding.
REPRESENTATIVE LYNN asked if assisted living plans be part of
the plan at the Palmer Veterans' Home.
Number 1353
JOHN VOWEL, Director, Division of Longevity Programs, Department
of Health and Social Services (DHSS), replied yes, and stated
that all the provisions of assisted living will apply to the
residents.
REPRESENTATIVE LYNN recalled an interim meeting of this
committee in which definitive evidence of a care plan was
implemented without the approval of and over the objection of a
veteran's legal representative and physician. The ombudsman
substantiated the aforementioned. Therefore, Representative
Lynn inquired as to the assurances available that care plans for
veterans will be complied with at the Palmer facility.
MR. VOWEL said that the same care plan development and approval
process used in all of the [pioneers' homes] will continue. In
further response to Representative Lynn, Mr. Vowel specified
that the regulations for assisted living will be followed.
Those regulations include the development, approval, and
modification of care plans throughout the stay of the resident.
Mr. Vowel said that [the division] believes it is in compliance
with regulations, and therefore those regulations will continue
to be used as a guideline for plan development.
Number 1562
JIM VAN HORN, State Commander, American Legion, testified in
support of the establishment of the Palmer Veterans' Home. He
informed the committee that the per diem rate the veterans will
receive from the Veterans Administration is about $26.95 a day.
With the approximately 82 [beds], it amounts to approximately
$800,000 in federal funds that would come to the state. The
aforementioned would help offset the cost of operating the
[Palmer] facility. Mr. Van Horn noted that he had the
opportunity to tour the Palmer facility, which he characterized
as a very nice facility.
MR. VAN HORN highlighted the fact that Alaska has the largest
amount of veterans per capita, 17.1 percent, in the nation. In
fact, Anchorage is one of 10 cities with a population over
100,000 with a high population, 7.3 percent, of Vietnam
Veterans. Although Alaska is the only state without a veterans'
home, Alaska has the largest veteran population in the nation.
Mr. Van Horn concluded by reiterating the American Legion's
endorsement of this concept of the Palmer Veterans' Home.
Number 1730
DONALD DINKEL informed the committee that he is representing the
veterans and the Pioneers of Alaska. Mr. Dinkel expressed his
disappointment with the Veterans Administration, which he
charged hasn't been taking care of its veterans. He also
expressed his confusion with regard to the Veterans
Administration insisting on a separate facility for veterans.
He questioned why the Veterans Administration hasn't supported
the needs of veterans in the facilities, the five pioneers'
homes, that are available. Mr. Dinkel informed the committee
that he went to school under the GI Bill and he didn't have to
attend a special school to obtain the benefits of the GI Bill.
Mr. Dinkel concluded by encouraging the state to negotiate
funding [for veterans] that can be used in all the pioneers'
homes.
Number 1872
RON ELLER, Post Commander, Veterans of Foreign Wars; Member,
Alaska Veterans Advisory Council, said that the veterans support
and request passage of HB 440. However, he noted that it has
taken more than 20 years to get to this point, which is only 80
beds. Mr. Eller related that veterans want to have their own
home. He noted that veterans have questioned whether the
management of the [Palmer Veterans' Home] would be at the state
level or the Veterans Administration level. In fact, Mr. Eller
said that [veterans] in the Bush feel as if they are treated as
second-class citizens as far as concerns regarding veteran's
issues and health issues. Mr. Eller then expressed the need to
look to the future for veterans. To that end, he suggested that
the Alaska Advisory Council could present some ideas. He
related that he read there were approximately 200 veterans on
the waiting list for the 82 beds in Palmer.
MR. DeWITT informed the committee that at the end of February
there were three people on the active waiting list in the Palmer
Pioneers' Home.
MR. ELLER said his figures were from information provided at an
Alaska Veterans Advisory Council meeting.
CHAIR STEPOVICH, upon determining there was no one else who
wished to testify, closed public testimony.
The committee took an at-ease from 1:43 p.m. to 1:45 p.m.
Number 2247
REPRESENTATIVE MASEK moved that the committee adopt Amendment 1,
labeled 23-GH2085\D.1, Mischel, 3/17/04, which read:
Page 6, line 31, following "at":
Insert "Sitka and at other"
RYAN COLGAN, Staff to Representative Stepovich, Alaska State
Legislature, explained that Amendment 1 is in response to the
concern voiced by pioneers because the language in current
statute specifying that the department shall maintain pioneers'
homes in Sitka and other locations wasn't included in HB 440.
Therefore, Amendment 1 was introduced.
There being no objection, Amendment 1 was adopted.
Number 2360
REPRESENTATIVE MASEK moved that the committee adopt Amendment 2,
labeled 23-GH2085\D.2, Mischel, 3/18/04, which read:
Page 8, line 7, following "space"
Insert ", up to 50 percent of the total floor
space in a home,"
REPRESENTATIVE WEYHRAUCH objected for discussion purposes.
MR. COLGAN explained that Version D removed the portion of the
language regarding the potential for the department to sale
space in the pioneers' home, while language allowing the
department to lease bed space remains. There was concern that
under that section, an entire home could be leased. Many people
want to maintain the integrity of the pioneers' home system.
Therefore, Amendment 2 was proposed to limit the total amount of
floor space that could be leased in a home to 50 percent, which
would allow 50 percent of the floor space to continue under the
original intent of the home.
REPRESENTATIVE WEYHRAUCH asked if the language "space" refers to
useable space, leaseable space, or all space, including halls
and bathrooms.
MR. COLGAN pointed out that Amendment 2 refers to "total floor
space".
REPRESENTATIVE WEYHRAUCH withdrew his objection.
CHAIR STEPOVICH, upon determining there was no further
objection, announced that Amendment 2 was adopted.
Number 2507
REPRESENTATIVE LYNN moved that the committee adopt Amendment 3.
REPRESENTATIVE MASEK objected.
REPRESENTATIVE LYNN explained that Amendment 3 would require
that the department perform an unannounced inspection of the
Alaska Veterans' Home no less than twice annually. This
inspection would determine the facility's compliance to all
applicable laws and regulations. Representative Lynn informed
the committee that one of his assignments in the military was
being part of the Inspector General's team. He explained that
there were two types of inspections, a noticed inspection and a
no notice inspection. The no notice inspection better enables
the inspector to have a true picture with regard to what may or
may not be going on. Representative Lynn expressed the need to
be sure that regulations and care plans are being followed.
CHAIR STEPOVICH objected to Amendment 3. He pointed out that
the next committee of referral for HB 440 is the House Health,
Education and Social Services Standing Committee, which could
address the health and social issues as those fall under its
purview. Furthermore, inspections are already occurring and
thus he questioned how much [such inspections] will cost.
REPRESENTATIVE MASEK turned attention to a letter in the
committee packet from Commissioner Gilbertson. The letter
points out that effective July 1, 2004, the Assisted Living
Licensing will move from the Division of Senior and Disability
Services to the Division of Public Health. Furthermore, the
agency's sole focus will be on the enforcement of licensing
laws. She also noted that the [Division of Public Health] has a
larger certification and licensing unit, which will provide more
continuity and backup. If the Division of the Alaska Pioneers'
Home contests a licensing report violation, she related that
there would be a prompt and independent appeal process.
Representative Masek opined that the commissioner of DHSS will
work hard on this issue, and therefore she objected to Amendment
3. Furthermore, she felt that the matter would be best
addressed in the House Health, Education and Social Services
Standing Committee.
Number 2745
REPRESENTATIVE LYNN addressed some of the concerns. He related
that regardless of the agency under which this falls, there
should be a no notice inspection. In regard to the concern of
the cost of a no notice inspection, Representative Lynn said he
didn't see any increase in cost because inspections are already
being done. Representative Lynn also highlighted the need for
this committee to take care of its responsibilities rather than
passing it on to the next committee of referral. He emphasized
that until there is a stand-alone veterans' facility, he would
strongly support this proposal. However, he expressed the need
to be assured that care plans are administered properly and
regulations followed, which he didn't see how could be
accomplished without appropriate inspections. Representative
Lynn surmised that there must be some disagreement between Mr.
Vowel and the ombudsman with regard to whether the regulations
are being followed because although there was testimony that the
regulations are being followed, he had documentation from the
ombudsman to the contrary.
CHAIR STEPOVICH said that he has full confidence that the House
Health, Education and Social Services Standing Committee will
review the matters related to nursing and social concerns.
Number 2877
REPRESENTATIVE CISSNA said that although there may be some merit
to Amendment 3, it seems to slightly micromanage the division
that should run the program. The aforementioned seems to be a
separate issue than this legislation.
A roll call vote was taken. Representatives Lynn, Weyhrauch,
and Gruenberg voted in favor of Amendment 3. Representatives
Masek, Dahlstrom, Cissna, and Stepovich voted against it.
TAPE 04-2, SIDE B
Therefore, Amendment 3 failed by a vote of 3-4.
REPRESENTATIVE WEYHRAUCH said that he would be willing [to
support] some unannounced inspections, but he felt that two was
too many. "But I do think that salvation of the state is the
watchfulness of its citizens, and sometimes doing a sneak peak
in the dark is worthwhile," he commented.
CHAIR STEPOVICH indicated his agreement that the care of
veterans and pioneers is important.
Number 2916
REPRESENTATIVE GRUENBERG moved that the committee adopt
Conceptual Amendment 4.
The committee took a brief at-ease.
[Due to technical difficulties the recording stops at this
point.]
[Not on tape, but taken from the Gavel to Gavel recording on the
Internet, was the following:
REPRESENTATIVE GRUENBERG explained that this amendment would
make certain that the term "veteran" includes Merchant seaman.
REPRESENTATIVE WEYHRAUCH objected.
REPRESENTATIVE GRUENBERG clarified that the term "veteran" would
include, but not be limited to, those Merchant seaman who served
in active, oceangoing service during World War II, December 7,
1941 - August 15, 1945, as well as civil service crew members
who served on U.S. Army transport service and U.S. Naval
transport service vessels and on oceangoing service.
REPRESENTATIVE GRUENBERG asked if the folks in the U.S. Army and
U.S. Navy transport service had to serve between certain dates
[to qualify for this].
MR. DeWITT replied yes, adding that he believes the dates are
the same.
REPRESENTATIVE GRUENBERG amended Conceptual Amendment 4 such
that it referred to the dates of December 7, 1941 - August 15,
1945, for the service of those in the U.S. Army and Navy
transport.
REPRESENTATIVE GRUENBERG pointed out that the other branches of
military are well defined in law.
REPRESENTATIVE WEYHRAUCH pointed out that Merchant seaman is
already included in the Veterans Administration definition of
"veteran".
REPRESENTATIVE GRUENBERG expressed the need to be sure that
Merchant seaman aren't left out. He inquired as to whether
Conceptual Amendment 4 is necessary.]
[A new tape was inserted at this point.]
TAPE 04-3, SIDE A
Number 0081
MR. DeWITT said that the Veterans Administration's definition of
veteran would be utilized. Mr. DeWitt turned to Representative
Weyhrauch's point, which he believes leads to be the real
concern. That concern is if there is another group that is
determined, for special reasons, by the Veterans Administration
to be considered veterans, then one would have to review the law
to determine whether those individuals would be subsumed by the
definition of veterans.
REPRESENTATIVE GRUENBERG said that perhaps this isn't the way to
craft this. Representative Gruenberg explained that he had
wanted to be sure that [the state] is defining "veterans" the
same way in which the Veterans Administration does.
MR. DeWITT remarked that he believes the definition of "veteran"
includes veterans as described by the Veterans Administration.
The term "veteran" for purposes of this veterans' home is driven
by the federal definition of "veteran."
Number 0156
REPRESENTATIVE GRUENBERG withdrew Conceptual Amendment 4.
REPRESENTATIVE WEYHRAUCH remarked, "To define the specific,
excludes the general ... sometimes, and so ... I agree with the
sponsor of the amendments' intent ...." He noted his belief
that it's part of the record now that the Veterans
Administration definition is being included.
REPRESENTATIVE GRUENBERG requested that Mr. DeWitt's letter be
made part of the record.
Number 0228
REPRESENTATIVE MASEK moved to report CSHB 440, Version 23-
GH2085\D, Mischel, 3/1/04, as amended, out of committee with
individual recommendations and the accompanying fiscal note.
There being no objection, CSHB 440(MLV) was reported from the
House Special Committee on Military and Veterans' Affairs.
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 2:10 p.m.
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