03/22/2012 09:00 AM Senate STATE AFFAIRS

           HB 129-DECEASED VETERAN DEATH CERTIFICATE                                                                        
                                                                                                                                
9:50:05 AM                                                                                                                    
CHAIR  WIELECHOWSKI   announced  that  HB  129   was  before  the                                                               
committee.  The  bill  would  give  family  members  of  deceased                                                               
veterans up to  four certified copies of a  death certificate for                                                               
that veteran.                                                                                                                   
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, sponsor of HB  129, introduced the                                                               
bill. He stated  that the bill provides that upon  the death of a                                                               
veteran,  who is  defined in  the  bill as  a person  who was  on                                                               
active  duty at  the  time of  their death,  or  had received  an                                                               
honorable or general  discharge from the armed  services, and was                                                               
a resident of Alaska at the  time of the individual's death. That                                                               
person's  estate would  be entitled,  at  the time  of death,  to                                                               
request,  without charge,  that  the Bureau  of Vital  Statistics                                                               
issue up  to four certified  copies of the death  certificate for                                                               
the  purpose of  establishing  an eligibility  requirement for  a                                                               
benefit related to the veteran.                                                                                                 
                                                                                                                                
He noted the  bill has been around for four  legislatures and has                                                               
had no objection. There is a  small fiscal note and the bill goes                                                               
on to the Senate Finance Committee after this committee.                                                                        
                                                                                                                                
He explained that  the definition of "benefit" is  not limited to                                                               
a  governmental  benefit  and  suggested   it  could  be  a  life                                                               
insurance  policy.  He  stressed  the importance  of  the  estate                                                               
having access  to certified copies  of the death  certificate. He                                                               
called four copies a modest number.                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that the House  Finance Committee                                                               
changed the  number of  copies to four,  but neglected  to change                                                               
the  title  to  match.  The  title  change  amendment  would  say                                                               
"providing copies  of" instead of "a  copy", and there is  also a                                                               
draft Senate Concurrent Resolution pending.                                                                                     
                                                                                                                                
9:54:06 AM                                                                                                                    
SENATOR WIELECHOWSKI asked  what the cost of  a death certificate                                                               
is.                                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG thought it was $25.                                                                                    
                                                                                                                                
PHILLIP  MITCHELL, Section  Chief,  Bureau  of Vital  Statistics,                                                               
Division  of  Public  Health, Department  of  Health  and  Social                                                               
Services, provided information related to  HB 129. He agreed that                                                               
the  intent of  the  bill  is to  provide  a  public service  for                                                               
deceased veterans. It is similar  to a bill previously introduced                                                               
in the legislature.  He explained that the  administration has no                                                               
position regarding the bill.                                                                                                    
                                                                                                                                
He related that the impact of  the bill would be mostly financial                                                               
and would be expected to grow  as more people became aware of the                                                               
new law.  There has been  a request by an  estate for 40  or more                                                               
death certificates, but  the average number of  requests is about                                                               
five.                                                                                                                           
                                                                                                                                
He reported  that 30 percent  of Alaskans are veterans  and there                                                               
are about  1,000 veteran deaths per  year. The fee for  the first                                                               
copy  of a  death certificate  is  $25, but  it is  $20 for  each                                                               
subsequent copy.  Assuming that three  or four copies  are issued                                                               
per  death, the  impact would  be  that between  3,000 and  4,000                                                               
copies would be offered at no charge.                                                                                           
                                                                                                                                
He  pointed out  that  the  department is  not  clear  on what  a                                                               
"person" means  in the  resolution. He  questioned if  "a person"                                                               
means only one individual, or if  it means the wife, the brother,                                                               
and  the children.  The fiscal  note could  change substantially,                                                               
based on that definition.                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI  asked which  line Mr. Mitchell  was referring                                                               
to.                                                                                                                             
                                                                                                                                
MR. MITCHELL said line 23 on page 2.                                                                                            
                                                                                                                                
CHAIR WIELECHOWSKI  asked if  a wife  could request  four copies,                                                               
and then a brother could also request four copies.                                                                              
                                                                                                                                
MR. MITCHELL continued to say  that the department estimates that                                                               
the  bill will  reduce fees  usually collected  by the  Bureau of                                                               
Vital Statistics  for death certificates  from about  $75,000 the                                                               
first year  and up  to $100,000  in the  fifth year.  About three                                                               
percent of the Bureau's budget is  based on general fund (GF) and                                                               
the  remainder of  the budget  is from  fee-based, with  the fees                                                               
being built  into the budget.  The department submitted  a fiscal                                                               
note to cover the costs  of the decreased program receipts, which                                                               
would need to be replaced by GF.                                                                                                
                                                                                                                                
9:57:50 AM                                                                                                                    
SENATOR KOOKESH  asked about  requests from  honorably discharged                                                               
veterans.                                                                                                                       
                                                                                                                                
MR. MITCHELL  explained that those requests  would require proof,                                                               
such as a copy of the DD-214 or a military ID.                                                                                  
                                                                                                                                
CHAIR WIELECHOWSKI added  a driver's license to  the examples, if                                                               
HB 180 passes.                                                                                                                  
                                                                                                                                
SENATOR  KOOKESH  asked  how  long  it  would  take  to  get  the                                                               
certificates.                                                                                                                   
                                                                                                                                
MR. MITCHELL  replied that the  Bureau would accept  the person's                                                               
military documentation, and it would  take a very short amount of                                                               
processing  time, about  ten  minutes in  person,  and about  two                                                               
weeks to be mailed out.                                                                                                         
                                                                                                                                
9:59:04 AM                                                                                                                    
CHAIR  WIELECHOWSKI gave  an example  of an  out-of-state veteran                                                               
based in Alaska and killed  in Afghanistan. He inquired if Alaska                                                               
would issue the death certificate in that case.                                                                                 
                                                                                                                                
MR.  MITCHELL clarified  that deaths  are  registered where  they                                                               
occur.                                                                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI asked  if it has to be a  death that occurs in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. MITCHELL said yes.                                                                                                          
                                                                                                                                
SENATOR MEYER asked if any of the certificates are free.                                                                        
                                                                                                                                
MR.  MITCHELL   responded  that   there  was   a  fee   for  each                                                               
certificate.                                                                                                                    
                                                                                                                                
SENATOR MEYER  asked if  a family  could request  up to  10 death                                                               
certificates.                                                                                                                   
                                                                                                                                
MR.  MITCHELL  said they  did  receive  a  request once  for  100                                                               
certificates,  but average  is about  5.  The bill  limits it  to                                                               
four.                                                                                                                           
                                                                                                                                
SENATOR   MEYER  restated   a   concern  about   the  number   of                                                               
certificates per person.                                                                                                        
                                                                                                                                
MR. MITCHELL said he agreed with Senator Meyer's conclusion.                                                                    
                                                                                                                                
10:01:15 AM                                                                                                                   
MARIE DARLIN, AARP,  testified in support of HB  129. She related                                                               
that Alaska has the highest per  capita number of veterans in the                                                               
U.S.  She  agreed that  this  bill  was  one  more way  to  thank                                                               
veterans for their service.                                                                                                     
                                                                                                                                
CHAIR WIELECHOWSKI  asked for clarification of  the definition of                                                               
"person".                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that   it  is  the  first  time                                                               
"person" has  been questioned. He said  the intent is a  total of                                                               
four  certificates per  death, regardless  of  how many  requests                                                               
there  were.  He  offered  to  clear  up  the  ambiguity  of  the                                                               
language.  He thought  the other  aspect under  question was  who                                                               
would  be  entitled  to  claim  the  certificate.  He  asked  Mr.                                                               
Mitchell if  the Division of  Public Health has the  authority to                                                               
promulgate regulations.                                                                                                         
                                                                                                                                
MR. MITCHELL said yes.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG wanted  to let  the division  determine                                                               
who could claim the certificate.                                                                                                
                                                                                                                                
MR. MITCHELL agreed that it would  work to clarify what was meant                                                               
by a "person".                                                                                                                  
                                                                                                                                
SENATOR  KOOKESH suggested  amending  the bill  in committee.  He                                                               
offered a Conceptual Amendment:                                                                                                 
                                                                                                                                
     That upon request and without charge, the Bureau shall                                                                     
     issue up to four copies of a death certificate for the                                                                     
     death of a veteran. Take out "to a person".                                                                                
                                                                                                                                
CHAIR WIELECHOWSKI voiced approval of the suggestion.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG agreed.                                                                                                
                                                                                                                                
10:06:00 AM                                                                                                                   
SENATOR MEYER  questioned what the  right number  of certificates                                                               
was. He  wondered if there  was research  as to how  other states                                                               
handle this issue.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG explained that  HB 129 was modeled after                                                               
Arizona's law. He left the number up to the committee.                                                                          
                                                                                                                                
SENATOR MEYER stated he was fine with four.                                                                                     
                                                                                                                                
SENATOR  KOOKESH concluded  that  a person  could  get four  free                                                               
certificates, but any more would incur a cost.                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG said yes.                                                                                              
                                                                                                                                
10:08:04 AM                                                                                                                   
SENATOR GIESSEL requested clarification  of who could receive the                                                               
certificate.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  clarified that the bill  is directed to                                                               
the Alaska  Bureau of Vital  Statistics, not to other  states. He                                                               
emphasized that the death has to  occur in Alaska and the veteran                                                               
must be an Alaska resident.                                                                                                     
                                                                                                                                
MR. MITCHELL  added a scenario where  out-of-state veterans would                                                               
not qualify even if they died in Alaska.                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI said HB 129 would be set aside.