Legislature(2017 - 2018)GRUENBERG 120
02/08/2018 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HCR15|| SCR14 | |
| HB194 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HCR 15 | TELECONFERENCED | |
| + | SCR 14 | TELECONFERENCED | |
| *+ | HB 194 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 194-USPHS & NOAA OFFICERS AS VETERANS
1:14:55 PM
CHAIR TUCK announced that the final order of business would be
HOUSE BILL NO. 194, "An Act relating to members and veterans of
the uniformed services, including the Commissioned Corps of the
United States Public Health Service and the National Oceanic and
Atmospheric Administration Commissioned Officer Corps."
1:15:20 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, as prime
sponsor, introduced HB 194. He paraphrased the sponsor
statement, which read as follows [original punctuation
provided]:
House Bill 194 brings alignment between the federal
definition of "veteran" under Title 38: Veterans
Benefits, and the state definition of "veteran" as it
applies to persons who provided active duty service in
the uniformed services of the United States.
Currently, the state consistently defines "veteran" as
service in the armed services only. This does not
recognize the full-time active duty military service
of the Commissioned Corps of the United States Public
Health Service (USPHS) and the National Oceanic and
Atmospheric Administration Commissioned Officer Corps
(NOAA), which, under by U.S. Code Title 38, are
recognized as uniformed services and are entitled to
veterans benefits.
Officers from the USPHS and NOAA (previously known as
the U.S. Coast and Geodetic Survey) have served
throughout Alaska since the early 1900's. Like in the
armed forces, each USPHS and NOAA serving officer has
deployed by orders to the needed mission. Today, USPHS
Officers currently serve from Ketchikan to Kotzebue
providing services to Alaska's native communities
ranging from offering health care to water sanitation
engineering. NOAA Officers lead surveying and mapping
operations throughout Alaska, improve the navigation
over coastal and Arctic waters, and operate vessels
conducting fishery research and assessment in state
and federal waters. Each officer, regardless of
service, is on orders directing the nature of their
deployment and their duty stations. This is no
different than officers serving in the armed forces.
Upon leaving the service, whether by resigning the
commission or retiring in grade, the officers have
earned their federal veterans benefit. Many of these
officers that have had duty in Alaska have chosen to
stay, contributing to our work force and economy by
building businesses, providing medical services, or
continuing to offer their expertise in public service.
This bill offers the opportunity for the state of
Alaska to recognize their previous service and the
veteran status they have earned.
1:16:37 PM
CERI GODINEZ, Staff, Representative Matt Claman, Alaska State
Legislature, presented HB 194 on behalf of Representative
Claman, prime sponsor. She imparted that Title 38 of United
States Code (USC) defines a veteran as "a person who served in
the active military, naval, or air service, and who was
discharged or released therefrom under conditions other than
dishonorable." She said Title 38 of the Code of Federal
Regulations, Section 3.7, includes the National Oceanic and
Atmospheric Administration (NOAA) and the United States Public
Health Service (USPHS) "as individuals or groups considered to
have performed active military, naval, or air service," whereas
Alaska Statute defines veteran only as "a person who has served
in a branch of the armed service of the United States." She
stated that NOAA and USPHS officers are deployed by orders to
needed missions, and each officer, regardless of service, is "on
orders directing their duty stations and the nature of their
deployment," and while serving, they are subject to the same
commitment to duty as are members of the armed forces. Ms.
Godinez related that currently in Alaska there are at least 11
active or retired NOAA Corps officers and 551 active or retired
USPHS officers. These officers currently receive Veteran
Administration (VA) benefits but are not considered veterans
under Alaska Statutes, thus under current Alaska Statutes, they
are not eligible for veteran benefits. She stated, "HB 194 will
expand the definition of 'veteran' to include these hardworking
Alaskans."
1:18:05 PM
MS. GODINEZ presented the sectional analysis, which read as
follows [original punctuation provided, with some formatting
changes]:
Section 1 AS 18.50.320: Bureaus and custodians of
vital records must furnish copies if requested.
Federal, state and local agencies may request copies
of vital records. Up to four veteran death
certificates shall be issued free of charge. Amends
18.50.320(7)(B): adds The Commissioned Corps of the
United States Public Health Services and the National
Oceanic Atmospheric Administration Commissioned
Officer Corps to the definition of veteran.
Section 2 AS 18.55.470(4): applies to veterans who may
apply for Alaska Housing Finance Corporation loans.
Amends AS 18.55.470(4: changes "military services" to
"uniformed services" and changes "armed services" to
"uniformed services".
Section 3 AS 18.55.470: Applies to who may apply for
Alaska Housing Finance Corporation loans. Amends AS
18.55.470 to add new paragraph: provides the
definition of "uniformed services" as "the armed
forces of the United States, The Commissioned Corps of
the United States Public Health Services, and the
National Oceanic Atmospheric Administration
Commissioned Officer Corps."
Section 4 AS 18.56.101 applies to who may receive
eligibility for veterans' interest rates. Amends AS
18.56.100(2) and AS 18.56.100(4): changes "armed
forces" to "uniform services". Adds application to 2
"regular or reserve" officers of USPHS and NOAA.
Section 5 AS 18.65.310(l) applies to veteran
designation on identification cards. Amends AS
18.65.310(l) to include USPHS and NOAA officers.
Section 6 AS 26.10.070(a) applies to fees collected
for the veteran's report of separation. Amends AS
26.10.070(a) to include USPHS and NOAA officers.
Section 7 AS 26.10.080(d)(2) applies to veterans who
may be eligible to receive death gratuity. Amends AS
26.10.080(d)(2): expands definition of veteran to
include USPHS and NOAA officers.
Section 8 AS 26.15.130(a) designates the
qualifications for those who may be eligible for
veteran's loans. Amends AS 26.15.130(a): changes
"armed forces" to "uniformed services"
Section 9 AS 26.15.130(b) defines veterans dependents'
who may be eligible for loans. AS 26.15.130(b):
changes "armed forces" to "uniformed services"
Section 10 AS 26.15.160 extends veterans loans
provisions to include the Alaska Territorial Guard and
Veterans of Korea and Vietnam. Amends AS 26.15.160:
changes "armed forces" to "uniformed services"
Section 11 AS 26.15 covers the provisions for
veteran's loans. Amends AS 26.15; adds new section As
26.15.190: Adds definition of "uniformed services" and
"veteran" which include USPHS and NOAA commissioned
officers.
Section 12 AS 28.10.181(d) provides for the
registration of vehicles owned by veterans with
disabilities. Amends AS 28.10.181(d): changes "armed
forces" to "uniformed services"
Section 13 AS 28.10.181(l) provides for the
registration of vehicles owned by Pearl Harbor
survivors. Amends AS 28.10.181(l): changes "armed
forces" to "uniformed services"
Section 14 AS 28.10.181(p) provides for the
registration of vehicles owned by veterans. Amends AS
28.10.181(p): changes "armed forces" to "uniformed
services"
Section 15 AS 28.10.181 contains provisions for
registration of unique and special vehicles and
vehicles used for special purposes in Alaska.
Section 16 AS 28.15.111(c) contains provisions for
issuing drivers licenses, including a particular
veterans designation. Amends AS 28.15.111(c): changes
"armed forces" to "uniformed services", Adds
definitions of "uniformed services" and "veterans"
which include USPHS and 3 NOAA commissioned officers.
Section 17 AS 29.45.030(i) relates to provisions for
exemptions from general taxation for disabled veterans
Amends AS 29.45.030(i); changes "military services" to
"uniformed services". Defines "uniformed services".
Section 18 AS 36.30.321(f) relates to provisions for
the five percent preference on qualified bidders of
public contracts. Amends AS 36.30.321(f): Adds USPHS
and NOAA commissioner officers to definition of
"veteran".
Section 19 AS 36.30.321(k) relates to provisions for
the preference of bids from persons with disabilities
on public contracts. Amends AS 36.30.321(k): Changes
"military services" to "uniformed services"
Section 20 AS 36.30.321 relates to bidder preference
for public contracts. Amends AS 36.30.321, adds new
subsection: defines "uniformed services".
Section 21 AS 38.05.067(e) relates to the preference
for veterans for unoccupied residential land. Amends
AS 38.05.067(e): changes "armed forces" to "uniformed
services"
Section 22 AS 38.05.940(b) relates to the provisions
for eligibility for the land purchase price discount.
Amends AS 38.05.940(b): changes "armed forces" to
"uniformed services"
Section 23 AS 38.05.965: definitions Amends AS
38.05.96; adds new paragraph: defines "uniformed
services".
Section 24 AS 39.25.159(f) relates to provisions for
employment preference for veterans and former
prisoners of war. Amends AS 39.25.159(f); adds USPHS
and NOAA commissioner officers to definition of
"veteran'
Section 25 AS 43.20.048(f) relates to provisions for
veteran employment tax credits. Amends AS
43.20.048(f); adds USPHS and NOAA commissioner
officers to definition of "veteran'
Section 26 AS 44.29.520(a) relates to the composition
of the board of the Alaska Pioneer' Homs Advisor.
Amends AS 44.29.520(a); adds USPHS and NOAA officer to
list of eligible members of the Pioneers' Home
Advisory Board.
Section 27 AS 44.35.900 defines "veteran". Amends AS
44.35.900; adds USPHS and NOAA commissioner officers
to definition of "veteran'
Section 28 AS 47.55.900: definitions. Amends AS
47.55.900; adds USPHS and NOAA commissioner officers
to definition of "veteran'
1:20:23 PM
REPRESENTATIVE SPOHNHOLZ asked how many other states are using
"this expanded definition."
MS. GODINEZ replied that she does not know, but she deferred to
Captain Robert Pawlowski.
1:20:55 PM
CAPTAIN ROBERT PAWLOWSKI, Legislative Lead, Military Officers
Association of America (MOAA), stated as follows:
With regards to that: In research and fundamental,
six use the definition that includes the U.S. Public
Health Service; two use the definition of U.S. Code 10
that defines the breadth of the military service; and
two are marginally specific in including (indisc.) -
generally, U.S. Public Health Service.
1:21:27 PM
REPRESENTATIVE SADDLER asked Captain Pawlowski to repeat the
information, because the audio had become garbled at one point.
CAPTAIN PAWLOWSKI responded, "Six states use a definition that
includes it; two use U.S. Code 10; and two specify more to the
U.S. Public Health Service."
REPRESENTATIVE SADDLER asked Captain Pawlowski to confirm that
"those two are not inclusive of that 6."
CAPTAIN PAWLOWSKI answered, "No, those two are not inclusive of
the six. Six specifically go beyond the armed forces to include
U.S. Public Health Service and NOAA."
1:22:27 PM
REPRESENTATIVE CLAMAN said, "Six specifically stated in their
statute; two of them make reference to the U.S. Code. So, by
reference to the U.S. Code, they're adding -- So, you've got
actually eight that cover all. And then it sounds like there's
two more that only cover NOAA but not the U.S. Public Health
Service, or do I have that backwards?"
1:22:47 PM
REPRESENTATIVE SPOHNHOLZ said, "Backwards."
REPRESENTATIVE CLAMAN amended his statement, "So, two that cover
the U.S. Public Health Service that do not cover NOAA."
MR. PAWLOWSKI responded, "Yes, that is correct."
1:22:55 PM
REPRESENTATIVE LEDOUX noted that there were several fiscal notes
in the committee packet. Many of them are zero fiscal notes,
but the fiscal note from the Department of Administration (DOA)
is not. Further, she inquired as to whether the fiscal note
from the Department of Health and Social Services (DHSS)
reflected "just a change in funds."
1:23:53 PM
CHAIR TUCK said there was no one from DHSS to answer that
question. He said the fiscal note from the Department of
Revenue (DOR) addressed license plates. He offered his
understanding that of the footnote in the DHSS fiscal note that
"it's conditional on the certificates as well as, possibly, some
benefits."
1:24:25 PM
REPRESENTATIVE CLAMAN said one of the provisions of the proposed
legislation include a limited death benefit to spouses. He said
he thinks it is described as a gratuity.
CHAIR TUCK said he thinks it was a bill by the late, former
Representative Max Gruenberg that established that.
REPRESENTATIVE LEDOUX said she did not understand the meaning
behind the positive and negative amounts that came out to zero
(in the DHSS fiscal note).
REPRESENTATIVE CLAMAN suggested someone from DHSS address the
question.
CHAIR TUCK suggested it might be the movement of monies from the
designated general fund to the undesignated general fund.
REPRESENTATIVE LEDOUX responded that that would not "take into
account that there'd actually be some expenses."
CHAIR TUCK responded that the footnote [analysis, at the bottom
of the DHSS fiscal note], demonstrates an expense, and he
highlighted some of the information in the analysis, which in
its entirety read as follows:
HB 194 version "A" adds the commissioned corps of the
United States Public Health Service and the National
Oceanic and Atmospheric Administration to the current
definition of veterans under the Vital Statistics Act
(AS 18.50.320(7)(B)). Since 2012, family members or
personal legal representatives (such as executors) of
resident veterans that pass away in Alaska may each
request up to four (4) certified copies of the
veteran's death certificate without charge.
Approximately 90% of the Bureau of Vital Statistics
("Bureau") budget for vital records administration
comes from fees (general fund program receipts).
Because the Bureau relies substantially on fees to
support its operating costs, any loss of these program
receipts will have an impact on staffing and quality
of service to the public if not replaced by general
funds.
Based on the Bureau's experience with free death
certificates under existing law, the number of newly
eligible veteran deaths per year is estimated to be
approximately 20. Assuming an average of four
qualified family members (or executors) order all four
death certificates each at no charge (families have
been known to request as many as 40 copies of a death
certificate), each veteran death represents 16
certificates provided to families.
It is anticipated the impact would be comparatively
less for the first few years and then increase as more
families become aware of the new law. For these
calculations, the division assumes 75% of eligible
family members and individuals will take advantage of
this opportunity in Year 1, gradually increasing to
the full 100% by Year 6.
The current fee for a death certificate is $30 for the
first copy, and $25 thereafter for the same record at
the same time. A set of four is therefore $30 + 3($25)
= $105.
Year 1: 75% of 20 veteran deaths x 4 requestors x one
$105 set of 4 copies = $6,300
Year 6: 100% of 20 veteran deaths x 4 requestors x one
$105 set of 4 copies = $8,400
The Bureau will experience a greater loss of revenue
if the total number of decedents classified as
veterans exceeds assumptions or more than four
qualified family members/individuals request four
certificates. If the current level of staffing and
service to the public is to be maintained, these lost
program receipts will have to be replaced with GF.
1:26:57 PM
REPRESENTATIVE SPOHNHOLZ said [the DHSS fiscal note] reads as a
zero fiscal note but is not.
CHAIR TUCK speculated that the department is willing "to absorb
that" with its existing budget.
REPRESENTATIVE CLAMAN reiterated that the committee would likely
need to hear from the department.
1:27:13 PM
REPRESENTATIVE SADDLER asked about the history of the
legislation.
1:27:50 PM
CAPTAIN PAWLOWSKI said he worked with Senator McGuire, upon the
passing of the Senator's father, to recognize the USPHS, which
lead to Senate Bill 184. He said he appreciates Representative
Claman's efforts to bring the legislation back as HB 194.
REPRESENTATIVE SADDLER mentioned the issue of property tax
exemptions for veterans being a municipal issue. He recognized
that the fiscal notes show impacts to state government, but
asked what the impact to local municipalities would be under HB
194.
1:29:21 PM
REPRESENTATIVE CLAMAN said he cannot speak to how the tax
structure is set up in municipalities other than the
Municipality of Anchorage, but those deductions do not result in
a loss of revenue in Anchorage. He added, "It shifts how
property values are assessed ... in the way tax is collected.
You're basically dividing the total value into the total amount
owed, and so it means that people who qualify for the exemption,
like other veterans, would pay less than people who weren't
veterans, but the total amount collected by the municipality
would remain the same."
1:30:04 PM
REPRESENTATIVE LEDOUX offered her understanding that a
municipality sets its mil rate, and she surmised that if a
number of people qualify for exemption, then that would cost the
municipality money.
REPRESENTATIVE CLAMAN responded that the mil rate is set on the
total value of the municipality, and when there is an exemption,
that reduces the total value. He offered an example to explain
in more detail.
1:32:33 PM
CHAIR TUCK opened public testimony on HB 194.
1:33:14 PM
VERDIE BOWEN, Director of Veterans Affairs, Office of Veteran
Affairs, Department of Military & Veterans' Affairs (DMVA),
stated that the department is neutral on HB 194, and he said he
was available for questions.
1:33:43 PM
CAPTAIN PAWLOWSKI imparted that he is a retiree from NOAA. He
stated that he is "a service disabled veteran by the definitions
of the State of Alaska." He added, "However, I am not a veteran
by the definitions of the State of Alaska." He indicated that
NOAA has been active in Alaska for 100 years, and USPHS for
about 90 years. He said HB 194 reflects on the 400 USPHS
officers that are stationed in Alaska and the represented
organization - the Commissioned Officers Association - which has
238 active members in Alaska, as well as "a record of 415
members or inactive members in the state." Captain Pawlowski
stated that [those members] have brought "a significant amount
of help to Alaska in the Indian Health Service, in providing
medical support to the U.S. Coast Guard at its different
locations, and in stepping forward in case of flu and other
potential epidemics through the Center for Disease Control." He
said they, like the NOAA officer, are on military orders and
make the commitment to be stationed in Alaska, where they bring
their families and choose either to stay in service until
retirement or depart to join in the community in a variety of
ways, including: public health service, sanitation, and
environmental engineering. Captain Pawlowski said his peers
from NOAA entered the building business, in hydrographic
surveying and geodetic control, as well as working for the
federal government in fisheries work or for communities through
work with municipalities, such as does retired Lieutenant
Commander Tim Steel.
CAPTAIN PAWLOWSKI said he had asked various groups to submit for
the record their perspectives on this issue. He said the two
chapters of the Commissioned Officers Association "have
resolutions in," and several letters of support have been sent.
He said he sees HB 194 as a private service bill, and he looks
to the state to recognize the 100 years of service in Alaska,
where there has been loss of life. He indicated that the
[Rockmore-King Medical Clinic], at the Coast Guard Air Station
in Kodiak was name for his pediatrician, based on a 1985 crash.
He said while he was in service during World War II, while
supporting the Coast Guard in national defense missions, people
lost their lives. He said there is a lot of history of
contribution to Alaska, both in "the health of the people that
our officers have brought" and in "the expansion of our coastal
surveys" that NOAA officers have brought. Captain Pawlowski
asked the House Special Committee on Military and Veterans'
Affairs "to look at this bill in recognizing the long history
and dedication of these officers on ... active military duty, as
defined in U.S. Code 10 and receiving veteran recognition as
established under ... U.S. Code 37 and 38."
1:38:42 PM
CHAIR TUCK, after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 194.
1:39:05 PM
REPRESENTATIVE SADDLER said he would appreciate the chance to
hear from other veterans' groups, for example, the Veterans of
Foreign Wars, the American Legion, and the Vietnam Veterans [of
America]. He said he is not a veteran, but offered his
understanding that being a veteran is "a very important part of
people's character and self-worth and story."
1:40:00 PM
CHAIR TUCK said the bill was noticed last week; therefore, he
said he thinks there had been time for those groups to weigh in
if they had wished to do so. He said he would be open to
allowing invited testimony.
1:40:29 PM
CHAIR TUCK announced that HB 194 was held over.