02/17/2009 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB99 | |
| SJR5 | |
| HB97 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 5 | TELECONFERENCED | |
| *+ | HB 99 | TELECONFERENCED | |
| *+ | HB 97 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
February 17, 2009
1:01 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative John Harris
Representative Bob Lynn
Representative Kurt Olson
Representative Robert L. "Bob" Buch
Representative Scott Kawasaki
MEMBERS ABSENT
Representative Jay Ramras
COMMITTEE CALENDAR
HOUSE BILL NO. 99
"An Act relating to providing a death certificate for a deceased
veteran without charge; relating to a program to honor the
memory of a deceased veteran; and providing for an effective
date."
- MOVED CSHB 99(MLV) OUT OF COMMITTEE
CS FOR SENATE JOINT RESOLUTION NO. 5(FIN)
Urging the United States Department of Defense to continue to
provide retirement benefits for members of the Alaska
Territorial Guard who served during World War II.
- MOVED CSSJR 5(FIN) OUT OF COMMITTEE
HOUSE BILL NO. 97
"An Act authorizing the Department of Military and Veterans'
Affairs to establish and maintain Alaska veterans' cemeteries,
establishing the Alaska veterans' cemetery fund in the general
fund, and authorizing appropriation of income from fees for
special request plates commemorating Alaska veterans to that
cemetery fund."
- MOVED HB 97 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 99
SHORT TITLE: DECEASED VETERAN DEATH CERTIFICATE/HONOR
SPONSOR(S): STATE AFFAIRS
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) MLV, STA, FIN
02/17/09 (H) MLV AT 1:00 PM BARNES 124
BILL: SJR 5
SHORT TITLE: AK TERRITORIAL GUARD RETIREMENT BENEFITS
SPONSOR(S): RULES
01/28/09 (S) READ THE FIRST TIME - REFERRALS
01/28/09 (S) FIN
02/03/09 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/03/09 (S) Moved CSSJR 5(FIN) Out of Committee
02/03/09 (S) MINUTE(FIN)
02/04/09 (S) FIN RPT CS 7DP NEW TITLE
02/04/09 (S) DP: HOFFMAN, STEDMAN, ELTON, HUGGINS,
THOMAS, OLSON, ELLIS
02/04/09 (S) TRANSMITTED TO (H)
02/04/09 (S) VERSION: CSSJR 5(FIN)
02/06/09 (H) READ THE FIRST TIME - REFERRALS
02/06/09 (H) MLV, STA
02/17/09 (H) MLV AT 1:00 PM BARNES 124
BILL: HB 97
SHORT TITLE: STATE VETERANS CEMETERY & FUND
SPONSOR(S): REPRESENTATIVE(S) GUTTENBERG
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) MLV, STA, FIN
02/17/09 (H) MLV AT 1:00 PM BARNES 124
WITNESS REGISTER
McHUGH PIERRE, Director of Communications
Legislative Liaison
Office of the Commissioner/Adjutant General
Department of Military & Veterans' Affairs (DMVA)
Fort Richardson, Alaska
POSITION STATEMENT: Testified in support of HB 99.
KAREN SAWYER, Staff
Senator Charlie Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SJR 5 on behalf of the sponsor,
the Senate Rules Standing Committee, which is chaired by Senator
Huggins.
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 97.
STACY OATES, Administrative Manager
Director's Office
Department of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 97.
TIM WHEELER, President
Alaska Veterans Business Alliance (AVBA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 97.
PAT LUBY, Advocacy Director
AARP Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 97.
ACTION NARRATIVE
1:01:52 PM
CHAIR CARL GATTO called the House Special Committee on Military
and Veterans' Affairs meeting to order at 1:01 p.m.
Representatives Gatto, Lynn, Olson, Buch, and Kawasaki were
present at the call to order. Representative Harris arrived as
the meeting was in progress.
HB 99 - DECEASED VETERAN DEATH CERTIFICATE/HONOR
1:02:40 PM
CHAIR GATTO announced that the first order of business would be
HOUSE BILL NO. 99, "An Act relating to providing a death
certificate for a deceased veteran without charge; relating to a
program to honor the memory of a deceased veteran; and providing
for an effective date."
1:02:59 PM
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HB 99, Version 26-LS0010\E, Bullard, 2/4/09,
as the work draft. There being no objection, Version E was
before the committee.
REPRESENTATIVE LYNN, speaking as chair of the House State
Affairs Standing Committee, sponsor of HB 99, explained that
HB 99 provides a certified death certificate, without cost, to
the surviving spouse, next of kin, or other eligible relative of
a deceased veteran. The adoption of HB 99 is one more thing
that can and should be done to honor Alaska's veterans and to
help their families when the veteran passes away. He noted that
Version E no longer contains reference to a proposed governor's
memorial certificate program, and that this type of legislation
was introduced in both the Twenty-fourth Alaska State
Legislature and the Twenty-fifth Alaska State Legislature.
Characterizing HB 99 as a good and appropriate bill, he asked
for the committee's favorable consideration of HB 99.
1:04:58 PM
McHUGH PIERRE, Director of Communications, Legislative Liaison,
Office of the Commissioner/Adjutant General, Department of
Military & Veterans' Affairs (DMVA), said that the DMVA worked
with the sponsor and fully supports HB 99. Characterizing the
bill as commendable, he mentioned that his grandfather was a
lifelong veteran who recently passed away, and that had
legislation such as HB 99 been in effect at the time of his
grandfather's passing, it would have helped his grandmother. In
response to a question regarding the list - located on page 3,
lines 2-8 - of military units in which one must have served in
order to be eligible for the death certificate authorized by HB
99, he offered his belief that that list is sufficient to
capture everyone it ought to.
CHAIR GATTO surmised that a person could have served in more
than one of the enumerated military units.
MR. PIERRE concurred.
CHAIR GATTO noted that the bill contains a definition of
"veteran" [for purposes of proposed AS 18.50.320(7)], and an
immediate effective date. After ascertaining that no one else
wished to testify, he closed public testimony on HB 99.
1:08:00 PM
REPRESENTATIVE LYNN moved to report the proposed CS for HB 99,
Version 26-LS0010\E, Bullard, 2/4/09, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 99(MLV) was reported from the
House Special Committee on Military and Veterans' Affairs.
SJR 5 - AK TERRITORIAL GUARD RETIREMENT BENEFITS
1:08:24 PM
CHAIR GATTO announced that the next order of business would be
CS FOR SENATE JOINT RESOLUTION NO. 5(FIN), Urging the United
States Department of Defense to continue to provide retirement
benefits for members of the Alaska Territorial Guard who served
during World War II.
1:09:20 PM
KAREN SAWYER, Staff, Senator Charlie Huggins, Alaska State
Legislature, in presenting SJR 5 on behalf of the sponsor - the
Senate Rules Standing Committee, which is chaired by Senator
Huggins - began by explaining that members of the Alaska
Territorial Guard ("ATG") defended the Alaska coastline from the
Japanese during WWII, and that most of the 6,368 ATG members
were Alaska Natives ranging in age from 12 to 80. The
contribution of these guard members to the U.S. military was not
acknowledged until 2000, when they were finally granted U.S.
veteran status by law, though by that time there were only a few
hundred such guard members still alive. However, in January
2009, because of a legal interpretation regarding whether ATG
service qualified towards military retirement benefits, the U.S.
Army decided to stop paying retirement benefits to the 26 ATG
members who were receiving them. Most of these 26 veterans are
in their 80s and are living in rural communities, where winter
is bitterly cold, resources are scarce, and the cost of heating
oil is extremely high.
MS. SAWYER said that when news of the Army's decision to stop
paying retirement benefits to ATG members reached [the public],
it engendered a critical response towards both the Army and
Congress, and Alaska's congressional delegation immediately
brought the situation to the attention of the President and the
rest of Congress. A few weeks later, the Army decided that it
would pay 60-days' worth of retirement benefits to the 26 ATG
members out of an emergency fund until the matter could be
investigated further. Senate Joint Resolution 5 urges the U.S.
Department of Defense (DOD) to continue to provide retirement
benefits to ATG members; supports federal legislation on this
matter recently introduced by Alaska's congressional delegation;
and urges the DOD to continue paying the aforementioned benefits
out of the emergency fund until the Army either reverses its
initial decision to stop payments or the federal legislation
passes. In conclusion, she asked that the resolution be passed
from committee.
1:12:05 PM
CHAIR GATTO asked whether there is any reason to believe that
the Army will reverse its initial decision, given that it was
made based on a legal interpretation.
MS. SAWYER relayed that there are those who say there is a
chance the Army will reverse its decision; however, the
likelihood that such would happen during the current 60-day
extension is slim. Furthermore, should the aforementioned
federal legislation pass, it wouldn't take effect until after
the 26 ATG members are no longer receiving the temporary
payments unless the Army continues to make such payments beyond
the current 60-day extension.
REPRESENTATIVE BUCH expressed favor with SJR 5.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on SJR 5.
MS. SAWYER, in response to a question, said that the 26 ATG
members are all living in Alaska, though there are an additional
30 ATG members who are going through the application process.
It has taken a long time for the members of the ATG to be found,
so there might also be others who could be affected by the
current situation.
1:14:56 PM
REPRESENTATIVE LYNN moved to report CSSJR 5(FIN) out of
committee with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSSJR 5(FIN) was
reported from the House Special Committee on Military and
Veterans' Affairs.
HB 97 - STATE VETERANS CEMETERY & FUND
1:15:23 PM
CHAIR GATTO announced that the final order of business would be
HOUSE BILL NO. 97, "An Act authorizing the Department of
Military and Veterans' Affairs to establish and maintain Alaska
veterans' cemeteries, establishing the Alaska veterans' cemetery
fund in the general fund, and authorizing appropriation of
income from fees for special request plates commemorating Alaska
veterans to that cemetery fund."
1:15:46 PM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature,
sponsor, indicated that research engendered by [a constituent's
request] led him to discover that although Alaska is ineligible
for another national cemetery, the State Cemetery Grants Program
was established by the U.S. Department of Veterans Affairs (VA)
with the goal of having a veterans' cemetery within 75 miles of
90 percent of the country's veterans. Legislation similar to
HB 97 has passed the House twice, and although Fairbanks is
currently the only community that would be eligible under the
federal program, HB 97 is not specific with regard to location.
He relayed that his office has written a grant to the VA, and
the governor has put $200,000 into the budget for "this," adding
his hope that this legislation will pass both the House and
Senate this time. All criteria regarding who can be buried in a
state veterans' cemetery would be established by the VA, which
would pay 100 percent of the costs of establishing the cemetery,
and the state would then be responsible for maintenance of the
cemetery.
REPRESENTATIVE GUTTENBERG, in response to questions, explained
that the VA provides an allotment of $300 for internment; that
the VA considers 20 acres to be the optimum size for such a
cemetery; that in part, HB 97 authorizes the use of fees
generated by the Alaska's veterans' commemorative license plate
program for the purposes of a state veterans' cemetery; that he
does not know why previous versions of the legislation did not
pass the Senate; and that he doesn't know whether there is
sufficient room for such a cemetery at Fort Richardson, Alaska.
REPRESENTATIVE HARRIS indicated that he is amenable to having
such a cemetery in a different location.
CHAIR GATTO opined that such cemeteries should be located in
different locations around the state since Alaska's veterans
come from different locations.
REPRESENTATIVE HARRIS said he supports HB 97.
1:24:41 PM
STACY OATES, Administrative Manager, Director's Office,
Department of Motor Vehicles (DMV), Department of Administration
(DOA), in response to a question, explained that under [current
statute], the DMV reports the amount of the fees it receives for
veterans' commemorative license plates to the Division of
Finance, and keeps a record of how much money is collected for
those specific license plates; that money, which goes into the
general fund (GF), is then available for appropriation for
veterans' issues and veterans' programs, and, under the bill,
that money would then also be available for appropriation for a
veterans cemetery fund.
REPRESENTATIVE HARRIS pointed out that all funds in the GF are
available for appropriation; that under the Alaska State
Constitution, there shall be no dedicated funds; and that HB 97
merely establishes a guideline for what fees from veterans'
commemorative license plates might be appropriated for.
1:27:14 PM
TIM WHEELER, President, Alaska Veterans Business Alliance
(AVBA), after indicating that members' packets should include a
letter from Ric Davidge, relayed that he supports HB 97,
characterizing it as the right thing to do and as a way of
thanking veterans for their service to the country. He added
that it would be fair for Fairbanks to be the location of a
state veterans' cemetery so that family members won't have to
drive all the way to Anchorage to visit their buried loved ones.
He expressed his hope that members will support HB 97 and move
it from committee.
1:28:08 PM
PAT LUBY, Advocacy Director, AARP Alaska, explained that the
AARP has a large number of veterans among its membership, and
that one of the greatest honors that can be afforded a veteran
and his/her family is a final resting place in a veterans'
cemetery. However, such families would prefer to have a
cemetery that is close to them, and HB 97 will offer many Alaska
veterans and their families that opportunity via the future
development of one or more new cemeteries - hopefully in the
Interior, he added. In conclusion, he said that the AARP
strongly supports HB 97, and, as a veteran himself, that he is
requesting passage of HB 97 for the benefit of all veterans. In
response to a question, he relayed that compared to any other
state, Alaska has the highest per capita number of veterans.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 97.
1:30:28 PM
REPRESENTATIVE HARRIS moved to report HB 97 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 97 was reported from the
House Special Committee on Military and Veterans' Affairs.
1:30:46 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:30 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS HB 99.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 99 |
| CS HB 99 Changes.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 99 |
| HB 97 Fact sheet.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| HB 97 Letter of Support AARP.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| HB 97 Letter of Support American Legion.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| HB 97 Letter of Support Alaska Veterans Foundation.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| HB 97 Letter of Support Disabled American Veterans.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| HB 97 Veteran cemetary Eligability.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| HB 99 Sample deather certificate.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 99 |
| Sectional Analysis of HB 97.pdf |
HMLV 2/17/2009 1:00:00 PM |
HB 97 |
| SJR 5 Delegation work on ATG benefits.pdf |
HMLV 2/17/2009 1:00:00 PM |
SJR 5 |
| SJR 5 Info on the ATG.pdf |
HMLV 2/17/2009 1:00:00 PM |
SJR 5 |
| SJR 5 U.S. House bill.pdf |
HMLV 2/17/2009 1:00:00 PM |
SJR 5 |
| SJR 5 U.S. senate bill.pdf |
HMLV 2/17/2009 1:00:00 PM |
SJR 5 |