Legislature(2013 - 2014)CAPITOL 120
04/10/2014 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SJR24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SJR 24 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
April 10, 2014
1:13 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Pete Higgins
Representative Shelley Hughes
Representative Lora Reinbold
Representative Dan Saddler
Representative Max Gruenberg
MEMBERS ABSENT
Representative Neal Foster, Co-Chair
COMMITTEE CALENDAR
CS FOR SENATE JOINT RESOLUTION NO. 24(STA)
Relating to certain holiday practices at federal Veterans Health
Administration facilities.
- MOVED HCS CSSJR 24(MLV) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 24
SHORT TITLE: VETERANS HEALTH ADMINISTRATION POLICIES
SPONSOR(s): SENATOR(s) HUGGINS
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA
03/11/14 (S) STA AT 9:00 AM BUTROVICH 205
03/11/14 (S) Moved CSSJR 24(STA) Out of Committee
03/11/14 (S) MINUTE(STA)
03/12/14 (S) STA RPT CS 4DP SAME TITLE
03/12/14 (S) DP: DYSON, WIELECHOWSKI, COGHILL,
GIESSEL
04/02/14 (S) TRANSMITTED TO (H)
04/02/14 (S) VERSION: CSSJR 24(STA)
04/03/14 (H) READ THE FIRST TIME - REFERRALS
04/03/14 (H) MLV
04/08/14 (H) MLV AT 1:00 PM CAPITOL 120
04/08/14 (H) Heard & Held
04/08/14 (H) MINUTE(MLV)
04/10/14 (H) MLV AT 1:00 PM CAPITOL 120
WITNESS REGISTER
PAUL LABOLLE, Staff
Representative Neal Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced the House committee substitute
for CSSJR 24(STA) on behalf of Co-Chair Foster.
ERIC HOLLEN, Staff
Senator Charlie Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on behalf of Senator
Huggins, prime sponsor, during the hearing on CSSJR 24(STA).
ACTION NARRATIVE
1:13:19 PM
CO-CHAIR GABRIELLE LEDOUX called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:13 p.m.
Representatives Higgins, Hughes, Saddler, Reinbold, Gruenberg,
and LeDoux were present at the call to order.
SJR 24-VETERANS HEALTH ADMINISTRATION POLICIES
1:13:37 PM
CO-CHAIR LEDOUX announced that the only order of business would
be CS FOR SENATE JOINT RESOLUTION NO. 24(STA), Relating to
certain holiday practices at federal Veterans Health
Administration facilities.
1:14:20 PM
REPRESENTATIVE HIGGINS moved to adopt the proposed House
committee substitute (HCS) for CSSJR 24(STA), labeled 28-
LS1412\N, Bannister, 4/10/14, as the working draft.
1:14:34 PM
CO-CHAIR LEDOUX objected for the purpose of discussion.
1:14:50 PM
PAUL LABOLLE, Staff, Representative Neal Foster, Alaska State
Legislature, informed the committee the conceptual amendments
discussed at the previous hearing on 4/8/14, and an amendment
offered by Representative Higgins have been incorporated into
the HCS for CSSJR 24(STA), labeled 28-LS1412\N, Bannister,
4/10/14, as follows:
Page 2, line 9 adding:
WHEREAS the officials at the Veterans Health
Administration facilities described in this
resolution ignored the policies established by
the United States Secretary of Veterans Affairs
regarding holiday practices at the facilities
Page 2, line 21 changing existing language to:
BE IT RESOLVED that the Alaska State Legislature
condemns the actions of the Veterans Health
Administration officials that prohibited
religious holiday messages and gifts from being
conveyed to veterans at Veterans Health
Administration facilities and respectfully
requests that the United States Secretary of
Veterans Affairs ensure that the violations of
veterans' rights described in this resolution do
not occur again
Page 2, line 26 adding:
FURTHER RESOLVED that the Alaska State
Legislature finds it unconscionable that the
established policies of the United States
Secretary of Veterans Affairs on holiday
practices at Veterans Health Administration
facilities are being ignored and respectfully
requests that the United States Secretary of
Veterans Affairs follow the established policies
on holiday practices at Veterans Health
Administration facilities and train personnel on
those policies so that the violations of
veterans' rights described in this resolution do
not occur again
Page 3, line 2 conforming:
FURTHER RESOLVED that the Alaska State
Legislature respectfully requests that the
United States Secretary of Veterans Affairs
provide each member of the Alaska State
Legislature with a written assurance that the
actions of the Veterans Health Administration
officials described in this resolution do not
reflect the policies on holiday practices at
Veterans Health Administration facilities
1:18:41 PM
REPRESENTATIVE GRUENBERG asked whether changes were made to the
existing WHEREAS.
MR. LABOLLE said no. An additional change was made to the
COPIES section as follows:
Page 3, line 12 adding:
the Honorable Bernie Sanders, Chair, U.S. Senate
Committee on Veterans' Affairs; the Honorable
Richard Burr, Ranking Member, U.S. Senate
Committee on Veterans' Affairs;
REPRESENTATIVE SADDLER surmised the resolution was in response
to a situation in Texas, and asked whether any other violations
at Veterans Health Administration facilities were known.
1:20:49 PM
ERIC HOLLEN, Staff, Senator Charlie Huggins, Alaska State
Legislature, responded that instances occurred in Texas,
Georgia, Alabama, and Iowa over the holiday. In further
response to Representative Saddler, he said there have been no
instances in Alaska.
REPRESENTATIVE GRUENBERG directed attention to the Veterans
Health Administration (VHA), Department of Veterans Affairs
(VA), VHA Handbook 1111.02, Spiritual and Pastoral Care
Procedures, found in the committee packet. On page 19,
paragraph 26. RELIGIOUS LITERATURE read in part:
Religious literature may be purchased to benefit the
spiritual health of patients.
a. Various religious denominations offer literature
free of charge. The chaplains are responsible for
reviewing all donated or purchased religious
literature and determining its appropriate
distribution.
b. Upon a patient's request, a chaplain may provide
literature that describes a particular religious or
denominational viewpoint.
c. Material must not be distributed that may interfere
with patient care.
REPRESENTATIVE GRUENBERG opined the distribution of cards is
governed by the chaplain at the facility as directed above in
subparagraph a. He pointed out that the policy leaves the
question of distribution to the chaplain, but does not provide
much guidance for the chaplain, who may believe he or she is
following the policy. Representative Gruenberg said he had not
seen the federal consent decree that was discussed at the
hearing on 4/8/14, or the policy that governs Christmas carols.
1:25:37 PM
MR. LABOLLE remarked:
The consent decree is not on this particular case.
That was on the case referenced in the previous
article we had looked at in the committee where ...
the American Legion commander who has stated that the
VA was already under a consent decree. That consent
decree was under a different case which was on
caroling, and not directly related to this, but
tangentially related to this.
REPRESENTATIVE GRUENBERG observed that part of the concern
addressed by the resolution is that singers were not allowed to
sing carols, so that might be governed by the consent decree.
MR. HOLLEN clarified that the issue at the Augusta, Georgia, VA
facility was that the high school carolers were not allowed to
perform the songs they had rehearsed.
CO-CHAIR LEDOUX directed attention back to the VHA Handbook and
suggested that the committee reexamine the policy of having the
chaplain review all religious literature, which she said she
found offensive. The VA policy may be an issue of prior
restraint [prohibited by the First Amendment to the U.S.
Constitution] on the freedom of speech.
MR. LABOLLE directed attention to the response letter from VA
[North Texas Health Care System] dated 12/27/13 found in the
committee packet. He read from paragraph [3] as follows:
As a practical matter, Chaplaincy Service fulfills
that duty by reviewing holiday cards and determining
if the cards contain religious material within them
and in the event they do, our Chaplains distribute
them by asking patients on an individual basis if they
will accept a holiday card with religious references.
1:29:26 PM
CO-CHAIR LEDOUX maintained her belief that prior restraint may
still apply.
REPRESENTATIVE HUGHES pointed out the response on 12/27/13 was
not written on behalf of the Secretary of Veterans Affairs and
did not "lay out the policy." She agreed that the policy is a
problem and needs to be readdressed, and offered a conceptual
amendment that the original RESOLVE in the resolution is
reinserted and reflected in the RESOLVE offered by
Representative Higgins.
1:31:01 PM
The committee took a brief at-ease.
REPRESENTATIVE GRUENBERG cautioned that very short and seemingly
innocuous legislation can create very significant problems. In
this case, one must consider the rights of those who send the
message, the rights of the sender to have message delivered, and
to a less significant degree, the right of the institution to
provide patient care. He pointed out that mail is delivered by
the postal service without interference. Representative
Gruenberg stated, "... and to have the institution or the
Chaplain say 'Do you want to receive this ...?' that's a serious
potential infringement on the sender's right ...."
CO-CHAIR LEDOUX restated her support for Representative Hughes's
conceptual amendment because there are problems not just with
the interpretation of the policy, but with the policy.
REPRESENTATIVE SADDLER said whether letters were addressed to an
individual resident, or to the administrators at a VA facility,
would have a bearing on their delivery.
1:34:44 PM
REPRESENTATIVE HUGHES moved to adopt Conceptual Amendment [1],
to reinsert in the resolution the original RESOLVE which read:
BE IT RESOLVED that the Alaska State Legislature
respectfully requests that the United States Secretary
of Veterans Affairs reconsider the policies on holiday
practices at Veterans Health Administration facilities
and rewrite those policies so that the violation of
veterans' rights described in this resolution do not
occur again; and be it
REPRESENTATIVE HUGHES said the above RESOLVE is to be reinserted
in Version N, beginning at page 2, line 26. The conceptual
amendment would also provide conforming language with the
proposed HCS.
1:36:05 PM
CO-CHAIR LEDOUX withdrew her objection to the proposed House CS.
1:36:35 PM
The committee took a brief at-ease.
1:40:42 PM
REPRESENTATIVE HIGGINS objected for the purpose of discussion.
He referred to the original question of whether the problem
addressed by the resolution is with VA policy or with the
interpretation of the policy. Returning attention to the VHA
Handbook for Spiritual and Pastoral Care Procedures, he pointed
out that paragraph 26. RELIGIOUS LITERATURE applies to religious
literature that may be purchased to benefit the spiritual health
of patients. The incident in Texas centered on literature that
was given, not purchased, and he opined that paragraph 26 does
not apply.
REPRESENTATIVE GRUENBERG advised that the policy is not well-
drafted. The first statement is a general statement that
religious literature may be purchased. The question remaining
is whether a religious denomination can offer the literature to
patients free of charge, and that is what the Chaplain decides.
Although it is not entirely clear, he expressed his belief that
the resolution is governed by subparagraph a. Representative
Gruenberg explained that after a federal law is passed,
regulations, policies, and procedures are written in addition to
the statute. He stated that the policy in the handbook may
violate a statute or a regulation, but that is unknown to the
committee. In response to Co-Chair LeDoux, he agreed that there
could also be a violation of the U. S. Constitution.
1:44:01 PM
REPRESENTATIVE HIGGINS removed his objection. There being no
further objection, Version N was before the committee.
1:44:29 PM
REPRESENTATIVE HUGHES restated her motion to adopt Conceptual
Amendment 1. Without further objection, it was so ordered.
1:47:14 PM
REPRESENTATIVE HUGHES moved to adopt Conceptual Amendment 2,
that on page 2, line 26 delete the language between the words
"Legislature" and "and" on line 28.
CO-CHAIR LEDOUX suggested the following change:
Page 2, line 26
Delete all material and insert:
FURTHER RESOLVED that the Alaska State Legislature
finds the violations of veterans' rights described in
this resolution are unconscionable
REPRESENTATIVE HUGHES offered the following change:
Page 2, line 26
Delete all material and insert:
FURTHER BE IT RESOLVED that the Alaska State
Legislature requests the U.S. Secretary of Veterans
Affairs ensure that the personnel are trained
appropriately in the rewritten policies so the
violations described in this resolution do not occur
again.
1:49:15 PM
REPRESENTATIVE HIGGINS said to remove the first use of the word
"established" because the purpose behind the entire resolution
is that the policies were working, but there were some
individuals who were not properly trained.
CO-CHAIR LEDOUX expressed her understanding that the policies of
the Veterans Health Administration facilities are
unconscionable, and in violation of statute, regulation, and the
U.S. Constitution.
REPRESENTATIVE HIGGINS stated that may not be true as the
committee has only read the handbook and not the policy; in
fact, the policy may be correct and the training of employees
may the problem.
REPRESENTATIVE GRUENBERG noted there is insufficient time to
research this topic; however, if the committee seeks action now
it could ask VA and Congress to take a look at the problem and
take corrective action.
REPRESENTATIVE HIGGINS observed that is what the RESOLVE says
now.
1:52:45 PM
REPRESENTATIVE GRUENBERG suggested on page 2, line 28 delete
"are" and insert "may be." Also, the legislature could request
that Congress, in its oversight function, take a look into the
issue.
CO-CHAIR LEDOUX asked whether this is viewed as a friendly
amendment.
REPRESENTATIVE HUGHES responded:
I have a problem with it because I think that we've
agreed that there's a problem, and we all looked at
the procedures ... and you can tell that the
procedures need to be worked on. We can see that they
need to be addressed. ... So I had a way perhaps that
we could craft this and I can amend my amendment. ...
We could state that "the procedures established by the
United States Secretary of Veterans Affairs on holiday
practices at Veterans Health Administration facilities
are unconscionable." ... If we're just allowing
Congress to review it then there - we're not making as
strong as a statement then if we say this is a
problem, the procedures aren't right.
The committee took an at-ease from 1:54 p.m. to 2:15 p.m.
2:15:35 PM
REPRESENTATIVE HUGHES withdrew Conceptual Amendment 2. Without
further objection, it was so ordered.
2:15:49 PM
REPRESENTATIVE HIGGINS moved to adopt Conceptual Amendment [3].
2:15:56 PM
CO-CHAIR LEDOUX objected for the purpose of discussion.
REPRESENTATIVE HIGGINS explained that Conceptual Amendment [3]
amends Version N on page 2, beginning at line 26 as follows:
Delete all material and insert:
FURTHER RESOLVED that the Alaska State Legislature
finds it greatly troubling that the established
policies and procedures of the United States Secretary
of Veterans Affairs on holiday practices at the
Veterans Health Administration facilities appear to be
being ignored and respectfully requests that the
United States Secretary of Veterans Affairs review the
present established policies on holiday practices at
Veterans Health Administration facilities and train
personnel on those policies so that the apparent
violations of veterans' rights described in this
resolution do not occur again; and be it
REPRESENTATIVE HIGGINS added that another change is as follows:
Page 2, line 22 after "messages"
Insert ", music,"
2:17:40 PM
CO-CHAIR LEDOUX removed her objection. Without further
objection, Conceptual Amendment [3] was adopted.
REPRESENTATIVE GRUENBERG directed attention to Consent Decree
Civil Action No. 4:11-ev-01992, United States District Court for
the Southern District of Texas, Houston Division, noting that
the decree addresses activities at a VA cemetery, and suggested
that the committee might want to consider researching this topic
as an agenda item during the next session.
CO-CHAIR LEDOUX expressed her preference to consider the
resolution before the committee.
2:19:36 PM
REPRESENTATIVE HUGHES moved to adopt Conceptual Amendment [4] to
add the director of the Alaska VA Healthcare System on page 3,
line 16 following "Department of Military and Veterans'
Affairs;". Without objection, it was so ordered.
2:20:36 PM
REPRESENTATIVE SADDLER moved Conceptual Amendment [5] to add
"Alaska" on page 3, line 16 preceding "Department". Without
objection, it was so ordered.
MR. HOLLEN read the following quote from George Washington:
The willingness with which our young people are likely
to serve in any war, no matter how justified, shall be
directly proportional to how they perceive veterans of
earlier wars were treated by their nation.
REPRESENTATIVE SADDLER agreed that compensation, propensity and
the perception of how veterans are treated are important for
recruiting.
REPRESENTATIVE HUGHES thanked the bill's sponsor and staff.
REPRESENTATIVE GRUENBERG concurred.
2:23:20 PM
The committee took an at-ease from 2:23 p.m. to 2:26 p.m.
2:26:35 PM
REPRESENTATIVE HIGGINS moved to report the proposed House CS for
CSSJR 24, Version 28-LS1412\N, Bannister, 4/10/14, as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. Hearing no objection, HCS CSSJR
24(MLV) was reported from the House Special Committee on
Military and Veterans' Affairs.
2:27:00 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 2:27 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR 24 CS version N.pdf |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| SJR 24 - Fiscal Note - SSTA.pdf |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| SJR 24 Supporting documents Jeffery Milligan letter to VA.pdf |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| SJR 24 supporting documents VA response.pdf |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| VA Christmas Card Policy.msg |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| SJR024B.PDF |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| SJR 24 supporting documents VA handbook 1111.02.pdf |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |
| SJR 24 supporting documents Consent Decree Signed 101911.pdf |
HMLV 4/10/2014 1:00:00 PM |
SJR 24 |