03/31/2009 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR29 | |
| HJR24 | |
| HB24 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 29 | TELECONFERENCED | |
| *+ | HJR 24 | TELECONFERENCED | |
| *+ | HB 24 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
March 31, 2009
1:07 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative Bob Lynn
Representative Jay Ramras
Representative Robert L. "Bob" Buch
MEMBERS ABSENT
Representative John Harris
Representative Kurt Olson
Representative Scott Kawasaki
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 29
Designating 2009 as the Year of the Noncommissioned Officer
Corps of the United States Army.
- MOVED HJR 29 OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 24
Urging the United States Congress and the United States
Department of Agriculture to extend the basic housing allowance
exclusion to all military families for purposes of the school
nutrition program.
- MOVED HJR 24 OUT OF COMMITTEE
HOUSE BILL NO. 24
"An Act relating to a public procurement preference for Alaska
veterans."
- MOVED CSHB 24(MLV) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 29
SHORT TITLE: DESIGNATING 2009 AS THE YEAR OF ARMY NCO
SPONSOR(s): REPRESENTATIVE(s) GATTO
03/25/09 (H) READ THE FIRST TIME - REFERRALS
03/25/09 (H) MLV, STA
03/31/09 (H) MLV AT 1:00 PM BARNES 124
BILL: HJR 24
SHORT TITLE: FED. SCHOOL LUNCH PROGRAM/MILITARY
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
03/13/09 (H) READ THE FIRST TIME - REFERRALS
03/13/09 (H) MLV, STA
03/31/09 (H) MLV AT 1:00 PM BARNES 124
BILL: HB 24
SHORT TITLE: PROCUREMENT PREFERENCE FOR VETERANS
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH, GATTO, LYNN
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) MLV, STA
03/31/09 (H) MLV AT 1:00 PM BARNES 124
WITNESS REGISTER
SANDRA WILSON, Staff
Representative Carl Gatto
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 29 on behalf of
Representative Gatto, prime sponsor.
MAJOR RICK WILLIAMS, Chief
Strategic Communications
United States Army Alaska (USARAK)
Fort Richardson, Alaska
POSITION STATEMENT: Testified in support of HJR 29.
DANA STROMMEN, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 24 on behalf of
Representative Ramras, prime sponsor.
DEAN HAMBURG, Chair
Public Policy and Legislation
Alaska School Nutrition Association
Soldotna, Alaska
POSITION STATEMENT: Testified in support of HJR 24.
BARBARA BACHMEIER
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 24; testified
in opposition to HB 24.
AMY ROUSE, Director
Nutrition Services
Fairbanks Northstar Borough School District
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 24.
EDDY JEANS, Director
School Finance and Facilities Section
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HJR 24.
CRYSTAL KOENEMAN, Staff
Representative Anna Fairclough
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 24 on behalf of Representative
Fairclough, prime sponsor.
TIM WHEELER, President
Alaska Veterans Business Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 24.
RIC DAVIDGE, President
State Council
Vietnam Veterans of America; Member
Board of Directors
Alaska Veterans Business Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 24.
JOHN YOUMANS, Member
Alaska Veterans Business Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 24.
KARL LERAY, Chair
Board of Directors
Alaska Veterans Business Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 24.
VERN JONES, Chief Procurement Officer
Division of General Services
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
24.
ACTION NARRATIVE
1:07:58 PM
CHAIR CARL GATTO called the House Special Committee on Military
and Veterans' Affairs meeting to order at 1:07 p.m.
Representatives Ramras, Buch, Lynn, and Gatto were present at
the call to order.
HJR 29-DESIGNATING 2009 AS THE YEAR OF ARMY NCO
CHAIR GATTO announced that the first order of business would be
HOUSE JOINT RESOLUTION NO. 29, Designating 2009 as the Year of
the Noncommissioned Officer Corps of the United States Army.
1:09:02 PM
SANDRA WILSON, Staff to Representative Carl Gatto, Alaska State
Legislature, on behalf of the prime sponsor of the bill,
Representative Gatto, stated that 2009 has been designated as
the year of the Noncommissioned Officer by the U. S. Army.
Noncommissioned Officers (NCOs) are the backbone of the Army and
are a source of information, knowledge, and experience.
Furthermore, they remain in the background and ensure that
operations run smoothly, working side by side with soldiers and
setting a good example. The Army will be honoring the
sacrifices and the contributions of NCOs throughout 2009, and
Ms. Wilson asked for the committee's support of the resolution.
1:10:21 PM
REPRESENTATIVE LYNN disclosed that his mother and step-father
were NCOs. He inquired why the recognition is limited to the
Army and does not honor NCOs serving in other branches of
military service.
1:11:23 PM
MS. WILSON explained that the Army is the only branch of the
armed services planning to honor NCOs this year.
1:11:47 PM
CHAIR GATTO added that the Army is planning celebrations and
activities. He noted that the legislature does not have the
authority to expand the designation to other branches of the
military.
REPRESENTATIVE LYNN pointed out that a resolution may recognize
that the importance of NCOs in the military is similar to the
importance of the valuable staff at the legislature.
1:12:59 PM
CHAIR GATTO opened public testimony.
1:13:38 PM
MAJOR RICK WILLIAMS, Strategic Communications Chief, United
States Army Alaska (USARAK), stated that the Department of the
Army initiated this designation; however, he said that he will
invite NCO participation to the celebrations in Alaska "across
the services." Major Williams observed the celebratory displays
at Fort Wainwright include all members of the NCO Corps. In
fact, the celebrations will include retirees, wounded warriors,
and others, to show that the NCO Corps is as diverse as the
services are.
1:16:33 PM
REPRESENTATIVE RAMRAS reminded the committee of the pending
return in September of 3,000 to 4,000 soldiers from Fort
Wainwright. He invited members to come to Fairbanks to
participate in their welcome home.
1:17:56 PM
REPRESENTATIVE BUCH asked for further information about the
soldiers' welcome.
1:18:22 PM
REPRESENTATIVE RAMRAS responded that the community will be
celebrating the soldiers' return, and that Fairbanks enjoys
being a military town.
1:18:50 PM
CHAIR GATTO closed public testimony on HJR 29.
1:19:03 PM
REPRESENTATIVE LYNN moved to report HJR 29, 26-LS0782\A, out of
committee with individual recommendations.
There being no objection, HJR 29 was reported from the House
Special Committee on Military and Veterans' Affairs.
HJR 24-FED. SCHOOL LUNCH PROGRAM/MILITARY
1:19:38 PM
CHAIR GATTO announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 24, Urging the United States Congress
and the United States Department of Agriculture to extend the
basic housing allowance exclusion to all military families for
purposes of the school nutrition program.
1:19:54 PM
DANA STROMMEN, Staff to Representative Jay Ramras, Alaska State
Legislature, presented HJR 24 on behalf of Representative
Ramras, prime sponsor. She explained the resolution urges
Congress and the U. S. Department of Agriculture (USDA) to
extend the basic housing allowance exclusion to all military
families for the purposes of the school lunch program. This
would enable military families that live off of the base to
qualify for school nutrition programs. Because families living
off of the base receive an additional basic allowance for
housing (BAH), many families do not quality for [free] school
lunches; however, this is an opportunity to ensure our military
families do not have to suffer hardships while a military member
is defending our country.
1:20:58 PM
REPRESENTATIVE RAMRAS added that Josh Tempel, staff to Senator
Huggins, just returned from a tour of duty in Iraq. He
expressed his hope that by passing this resolution through both
bodies, the legislature can request regulatory changes through
the USDA to allow children of NCOs, and other military families,
to quality for the free and reduced price school breakfast and
lunch program.
1:22:14 PM
DEAN HAMBURG, Chair, Public Policy and Legislation, Alaska
School Nutrition Association, stated he was representing members
who work in school meal programs all across Alaska. He also
serves as administrator for the school meal programs in the
Kenai Peninsula Borough School District. Mr. Hamburg noted his
service as a veteran, and expressed his appreciation of the
committee's consideration of HJR 24. He relayed a short history
of the USDA school meal program that was instituted in 1946
under President Truman. The school lunch programs were
established as a military support to nutritionally prepare
children for military service; in fact, benefits of the program
were also seen in the classroom. Mr. Hamburg opined that
extending this benefit to the children of military families is
an appropriate action. Alaska children at military bases
throughout Alaska will benefit and appreciate the support
offered by HJR 24. Mr. Hamburg related some of the challenges
to military families in Alaska and assured the committee the
school lunch programs are ready to welcome military family
children to the lunch programs. The Alaska School Nutrition
Association strongly supports the passage of HJR 24.
1:26:18 PM
CHAIR GATTO thanked Mr. Hamburg for his naval service.
1:26:57 PM
BARBARA BACHMEIER informed the committee she was a retired army
officer and a former public school teacher. She expressed her
support for HJR 24 and pointed out the importance of ensuring
that all military children have every opportunity to excel. She
listed some of the difficulties of military life and the
additional demands of parenthood. There are 1.8 million
children living in military families, thus state and federal
legislators must make them a priority. Regarding this
resolution, she stated 1.2 million children between birth and 23
years of age are dependents of regular component service
personnel, and over 713,000 children are dependents of reserve
members. Furthermore, the average military child attends
between six and nine schools before grade 12, and there are some
problems when children transfer to new schools. Ms. Bachmeier
opined in this instance, the military does not take care of its
own. Nutritious, healthful meals have been proven to enhance
academic and behavioral performance.
1:30:39 PM
MS. BACHMEIER presented data regarding children who suffer from
poor nutrition. She concluded that allowing military families
to rely on food stamps is a "abrogation of our responsibilities
to let this reality go on," and urged for a legislative remedy.
1:31:31 PM
AMY ROUSE, Director, Nutrition Services, Fairbanks Northstar
Borough School District, stated that in her experience with the
Northstar School District in Fairbanks she deals with an
extraordinary number of military families. During the meal
application process last fall, there was an increase in contacts
from military families whose children were denied school meals.
For example, because the housing allowance is counted as income,
there are families whose military members have the same rank,
yet one family will qualify for school meals, and another will
not. The issue will be compounded as of January 2009, when all
installation housing will be turned over to private ownership;
this means all families will be receiving housing allowances
monetarily. Furthermore, the U.S.D.A. does not count the
housing allowance equally, creating "[the] appearance of
treating people unfairly." Ms. Rouse encouraged the committee
to endorse HJR 24.
1:35:15 PM
CHAIR GATTO acknowledged the receipt of Ms. Rouse's letter of
support for the resolution.
1:35:43 PM
EDDY JEANS, Director, School Finance and Facilities Section,
Department of Education and Early Development (EED), confirmed
that the housing allowance received by military families
prevents them from qualifying for free and reduced school meals.
He pointed out that there is no fiscal note from his department
on this resolution because there is additional federal
reimbursement for cost.
1:36:47 PM
REPRESENTATIVE RAMRAS thanked the department for its
preparation.
1:37:12 PM
CHAIR GATTO closed public testimony on HJR 24.
1:37:32 PM
REPRESENTATIVE RAMRAS moved to report HJR 24, 26-LS0710\A, out
of committee with individual recommendations and the
accompanying fiscal notes.
There being no objection, HJR 24 was reported from the House
Special Committee on Military and Veterans' Affairs.
HB 24-PROCUREMENT PREFERENCE FOR VETERANS
[Contains discussion of HJR 16]
CHAIR GATTO announced that the final order of business would be
HOUSE BILL NO. 24, "An Act relating to a public procurement
preference for Alaska veterans."
1:38:16 PM
CRYSTAL KOENEMAN, Staff to Representative Anna Fairclough,
Alaska State Legislature, informed the committee AS Sec.
36.30.180, states that "The purpose of bidder preference for
resident firms when the state acts as a market participant is to
encourage local industry, strengthen and stabilize the economy,
decrease unemployment, and strengthen the tax and revenue base
of the state." House Bill 24 will expand this preference to
include Alaska Veteran Owned Businesses. Furthermore, the
National Conference of State Legislatures (NCSL) identified 132
state bills that address the veteran business communities
concerns at the state level in the past two years. House Bill
24 brings Alaska into the national effort to honor veterans.
1:39:49 PM
REPRESENTATIVE LYNN offered Amendment 1.
1:40:42 PM
The committee took an at-ease from 1:40 p.m. to 1:41 p.m.
1:41:02 PM
REPRESENTATIVE LYNN moved Amendment 1, which read:
Page 1, Lines 12, following "bidder", through line 16,
until "In"
Delete all material and insert:
"and is a qualifying entity, a 5 percent preference
shall be applied to the bid price. The preference
shall not exceed five thousand dollars."
Page 2, Lines 14 & 15
Delete all material.
1:41:12 PM
There being no objection, Amendment 1 was adopted.
1:41:29 PM
MS. KOENEMAN explained that Section 1 of the bill amends AS
36.30.170(a) to clean up language for referencing a new section
that defines Alaska veterans' preference. Section 2 amends AS
36.30 by adding a new section that adds in a preference for
Alaska veterans and defines what a qualified entity is. Section
2 also incorporates Amendment 1, that limits the cost preference
to 5 percent and not exceeding $5,000. Amendment 1 also deletes
the language creating a register of individuals who qualify as
Alaska veterans. Ms. Koeneman explained the sponsor felt this
requirement was not necessary. Section 3 amends AS 36.30.250(b)
to clean up language for referencing a new section that defines
Alaska veterans' preference. Section 4 amends AS 36.30.335 to
clean up language for referencing a new section that defines
Alaska veterans' preference.
1:44:23 PM
CHAIR GATTO confirmed the change from 10 percent to 5 percent
and $5,000.
1:44:46 PM
REPRESENTATIVE BUCH observed there was a similar bill introduced
in the House Labor and Commerce Standing Committee. He
suggested that the bills should be coordinated.
1:45:16 PM
MS. KOENEMAN indicated she would "follow up."
There followed a brief discussion about the subject of another
bill.
1:46:23 PM
MS. KOENEMAN stated HJR 16 was presented to the House Labor and
Commerce Standing Committee.
1:46:59 PM
CHAIR GATTO confirmed that HJR 16 contains a 3 percent
preference for disabled veterans.
1:47:06 PM
REPRESENTATIVE BUCH pointed out the two bills send a mixed
message. House Joint Resolution 16 is sending a message to the
federal government; HB 24 is initiating a different message at
the state level. He questioned the level of consistency.
1:47:35 PM
REPRESENTATIVE RAMRAS opined the procurement procedures differ
for the state and federal government. He said, "I think we're
A-OK."
1:47:54 PM
TIM WHEELER, President, Alaska Veterans Business Alliance, read
from the following statement [original punctuation provided]:
We are an alliance that advocates for veteran business
opportunities at the state, city, and private sector
and advocate why the Federal Laws for the SDVOB
community are not working in Alaska for Federal
Contracting Opportunities. I stand here today in
support of HB 24 for a Veteran State Procurement
Preference. Approval of HB 24 will also recognize
those service men and women who paid the ultimate
sacrifice to protect the rights and freedoms we all
enjoy.
It is imperative that small business have maximum
opportunity for State Procurement Opportunities. And,
to the greatest extent practicable small businesses
owned by military Veterans should come first in these
considerations. These economic and cultural times are
challenging from Main Street to Wall Street and "NO"
group of small business entrepreneurs are more
deserving of preference opportunity to do business
with and for the State of Alaska then the men and
women who have defended this great state and country.
"NOBODY".
More and more the population of military veterans
mirrors the diversity of this state. Veterans are
made, not born. We are not torn asunder by race,
background, or gender. The "V" in the word Veteran
does not stand for victim and we must expand
preference business consideration for all Veteran-
Owned small business. The passing of HB 24 would
significantly expand opportunities for many minority
and women veterans in Alaska's marketplace of today
and the future.
You all have seen the yellow magnetic ribbon stickers
that say support the troops. Why is it that when the
troops put their weapons down and take their uniform
off why does the support stop?
For the record, Mr. Chairman, I will be submitting
numerous national and state organizations standing in
support of veterans' business opportunities. These
organizations represent a membership of over one
million veterans standing with Alaska veterans in
support of HB 24.
1:50:12 PM
RIC DAVIDGE, State Council President, Vietnam Veterans of
America; Member, Board of Directors, Alaska Veterans Business
Alliance, disclosed that he worked briefly for Representative
Anna Fairclough, sponsor of HB 24. He explained that HJR 16
deals with federal procurement and calls for federal agencies in
Alaska to meet their legislated 3 percent mandate. On the other
hand, HB 24 would establish a veteran bidder preference in the
state for state procurements. He expressed his support of the
amendments to HB 24, although he still supports the development
of a pre-qualified register of veteran-owned businesses in the
state. Mr. Davidge addressed the concern of those who view
veteran preference as "rent a vet." He pointed out there is a
provision in the bill, identified as Section 2(c), that requires
the veteran in the bidder preference to be actively involved in
the day to day management of the business.
1:52:27 PM
CHAIR GATTO asked for clarification on HJR 16 as to whether the
resolution is "asking the feds ... to exercise what is already
in public law ... the 3 percent preference for disabled
veterans."
MR. DAVIDGE confirmed that there are public laws, executive
orders, and other federal actions mandating the 3 percent goal
for service disabled veteran-owned businesses; however, in
Alaska, and in many other states, the federal agencies refuse to
comply. House Joint Resolution 16 calls for hearings to
determine the reason. He stressed that HB 24 "deals only with
state procurements."
1:53:34 PM
BARBARA BACHMEIER provided further information regarding HJR 16.
Ms. Bachmeier turned to the subject of HB 24, and said this
legislation differs in scope and intent from federal legislation
on this issue. She said she strongly disagrees with components
of the bill and is not in favor of the legislation as it is
written. Ms. Bachmeier opined Alaska and its veterans would be
better served by legislation similar to the "service disabled
veteran business enterprise opportunity act" passed in Florida
in 2008. This type of legislation continues to honor and
provide opportunities to disabled veterans, who are persons who
served in the military, were discharged, and were disabled in
the line of duty during their service. She advised the
readjustment and rehabilitation challenges of a service
connected disabled veteran are more challenging than those faced
by other veterans; therefore, this population of veterans should
be afforded additional considerations. Ms. Bachmeier observed
the value of patterning the state's program after federal law in
order to stand with Congress and recognize the sacrifice of
disabled veterans, realize the need to rectify the economic
disadvantage of disabled veterans, and remedy the circumstances
preventing disabled veterans from self-employment.
1:58:32 PM
JOHN YOUMANS, Member, Alaska Veterans Business Alliance,
informed the committee he was a small business owner and
expressed his support for HB 24. He said this is a very
important bill for those who delay their entry into business to
serve in the military and encouraged its passage. In response
to Representative Gatto, Mr. Youmans said his business provides
janitorial, maintenance, and painting services.
1:59:57 PM
KARL LERAY, Chair, Board of Directors, Alaska Veterans Business
Alliance, compared the difficulties faced by deployed members of
the military to service by fireman or policemen. He said that
soldiers are told to relinquish their ties to family, community,
and sometimes to their religious beliefs. Adding to this
disenfranchisement, soldiers are considered transients in the
communities they serve. Mr. LeRay stated it is also difficult
for families as they get "cut-off" when military members are
reassigned. Disabled veterans have additional challenges as
they may view themselves as failures because the disability does
not allow them to be the person they were before their service.
He provided a personal example as to why veterans typically have
trouble adjusting to private life. Mr. LeRay stressed that
veterans are not better than other professions that serve under
difficult conditions; however, the loss of community is hard to
overcome. In fact, when soldiers return home they are not ready
to immediately integrate into the community and start a
business. He encouraged the committee to move HB 24 and support
veterans' businesses in the state.
2:03:56 PM
CHAIR GATTO closed public testimony on HB 24.
2:04:06 PM
REPRESENTATIVE LYNN moved to report HB 24, 26-LS0135\E, as
amended, out of committee with individual recommendations and
forthcoming fiscal notes.
CHAIR GATTO asked if there were any objections.
2:04:47 PM
REPRESENTATIVE BUCH asked for any available information on the
fiscal notes.
2:04:57 PM
VERN JONES, Chief Procurement Officer, Division of General
Services, Department of Administration, informed the committee
he would be responsible for the implementation of HB 24. He
anticipated a zero fiscal note, given the amendment that removed
the veteran's register and the costs thereof. The department
plans to work informally to monitor and enforce registration.
Mr. Jones acknowledged there could be costs pertaining to
awarding bids to other than the lowest bidder; however, with the
state's current accounting system, he was unable to accurately
give an estimate on those increased costs.
2:06:55 PM
CHAIR GATTO surmised the high side of the fiscal note would be
$5,000 to $50,000.
2:07:05 PM
MR. JONES reminded the committee the bill authorizes a maximum
benefit for a bidder of $5,000; however, it is difficult to
estimate how many bidders would participate or whether the
preference would affect the amount of the award.
2:07:33 PM
CHAIR GATTO remarked:
So, if we give a $2,000 preference to a veteran, than
that's a $2,000 fiscal note in the bill, that we
should at least anticipate.
MR. JONES restated HB 24 anticipates a maximum of $5,000
preference per bid; thus "it's probably anyone's guess as to how
many bids the preference would apply to and what the actual
difference between the qualifying veteran's bids versus what the
low bid otherwise would have been."
CHAIR GATTO suggested the bill may garner a referral to the
House Finance Committee.
2:08:42 PM
There being no objection, CSHB 24(MLV) was reported from the
House Special Committee on Military and Veterans' Affairs.
2:08:48 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 2:08 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| AMENDMENT to HB24 - Conceptual (revised).pdf |
HMLV 3/31/2009 1:00:00 PM |
HB 24 |
| HB 24 backup.pdf |
HMLV 3/31/2009 1:00:00 PM |
HB 24 |
| HJR 24 Article.pdf |
HMLV 3/31/2009 1:00:00 PM |
HJR 24 |
| HJR 24 letter of support.pdf |
HMLV 3/31/2009 1:00:00 PM |
HJR 24 |
| HJR 29 Article 2.pdf |
HMLV 3/31/2009 1:00:00 PM |
HJR 29 |
| HJR 29 Article.pdf |
HMLV 3/31/2009 1:00:00 PM |
HJR 29 |
| Letter of Support HB 24.doc |
HMLV 3/31/2009 1:00:00 PM |
HB 24 |