Legislature(2005 - 2006)CAPITOL 106

04/14/2005 08:00 AM House STATE AFFAIRS


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08:08:52 AM Start
08:09:49 AM Alaska Air National Guard - Brigadier General
08:16:19 AM HB167
08:37:21 AM HB160
09:44:37 AM HB238
10:01:44 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation hearing: AK Air National TELECONFERENCED
Guard-Brigadier General
Colonel Tony A. Hart--Kulis ANG Base
+ SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT TELECONFERENCED
<Pending Referral>
+= HB 238 PUBLIC EMPLOYEE/TEACHER RETIREMENT TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= HB 167 DEATH CERTIFICATE FOR DECEASED VETERAN TELECONFERENCED
Moved CSHB 167(STA) Out of Committee
+= HB 160 PUBLIC FUNDS & BALLOT PROPS/CANDIDATES TELECONFERENCED
Heard & Held
HB 167-DEATH CERTIFICATE FOR DECEASED VETERAN                                                                                 
                                                                                                                                
8:16:19 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business was HOUSE                                                              
BILL NO.  167, "An Act relating  to providing a  death certificate                                                              
for a deceased veteran without cost."                                                                                           
                                                                                                                                
8:17:15 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON noted  that Representatives Lynn and  Gruenberg serve                                                              
on  the  House   Special  Committee  on  Military   and  Veterans'                                                              
Affairs, sponsor of the bill.                                                                                                   
                                                                                                                                
8:17:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  speaking  as  a member  of  the  House                                                              
Special Committee  on Military and  Veterans' Affairs,  sponsor of                                                              
HB  167,  noted that  there  was  a committee  substitute  in  the                                                              
committee packet.                                                                                                               
                                                                                                                                
8:18:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to adopt the committee  substitute (CS)                                                              
for  HB 167,  Version  24-LS0605\Y, Bullock,  4/11/05,  as a  work                                                              
draft.    There being  no  objection,  Version  Y was  before  the                                                              
committee.                                                                                                                      
                                                                                                                                
8:18:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  explained   that  the  House   Special                                                              
Committee on  Military and Veterans'  Affairs combined  the former                                                              
HB 166 into  HB 167; the first  half of the bill is  the former HB
167 and the second  half is the former HB 166.   [Section 1] would                                                              
amend AS 18.50.320  to add a new  [paragraph (7)].  He  said it is                                                              
modeled  on an  Arizona statute:   ARS  39.122.A.   Representative                                                              
Gruenberg directed  attention to  the death certificate  issued in                                                              
Arizona for  Seymour Epstein [included  in the committee  packet].                                                              
He  noted that  the late  Mr. Epstein  was his  uncle-in-law.   He                                                              
cited paragraph (7), which read as follows:                                                                                     
                                                                                                                                
     (7)  upon request  and without  cost  to the  individual                                                               
     making the request,  the bureau shall issue  a certified                                                               
     copy  of  the death  certificate  of  a veteran  to  the                                                               
     surviving  spouse, next  of  kin, or  other relative  of                                                               
     the  deceased  veteran  for  the  purpose  of  obtaining                                                               
     veterans'  benefits,   social  security   benefits,  and                                                               
     other   government   benefits;    in   this   paragraph,                                                               
     "veteran" has the meaning given in AS 26.10.080.                                                                       
                                                                                                                                
8:20:27 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON pointed  out that  the committee  packet includes  a                                                              
fiscal note,  but it  is for  the original  bill version,  not for                                                              
Version Y.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 8:21:11 AM to 8:21:33 AM.                                                                
                                                                                                                                
8:21:34 AM                                                                                                                    
                                                                                                                                
SARAH  HOOK,  Staff  to  Representative  Gruenberg,  Alaska  State                                                              
Legislature,   said  there   is  someone   available  to   address                                                              
questions regarding the fiscal note.                                                                                            
                                                                                                                                
8:21:53 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON clarified  that he wants to ensure a  fiscal note for                                                              
Version Y will be available for the record.                                                                                     
                                                                                                                                
8:22:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention  to Section 2  of the                                                              
bill,  which  he said  is  modeled  on  federal  law:   38  U.S.C.                                                              
Section  112.    It  would  allow  the  adjutant  general  of  the                                                              
Department  of Military and  Veterans' Affairs,  upon the  request                                                              
of  the governor,  to issue  certificates  expressing the  state's                                                              
recognition of  the veteran's service.   The certificate  could be                                                              
issued to  eligible recipients,  defined to  mean:  the  surviving                                                              
spouse, next  of kin, and  relative of  the deceased veteran.   He                                                              
added that  in this sense  the eligible  recipient is the  same in                                                              
both sections  of the bill.   He said  "veteran" is defined  in AS                                                              
26.10.080.    He  said  this  is a  small  token  of  the  state's                                                              
appreciation for people  who have really gone out of  their way to                                                              
help the country and the state of Alaska.                                                                                       
                                                                                                                                
8:24:42 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked if the  effective date  is such that  it would                                                              
not  negatively  impact  the bureau.    He  said  there may  be  a                                                              
backlog of  requests and he stated  for the record that  there may                                                              
be an  issue of  consistency regarding  the combining  of  the two                                                              
bills.                                                                                                                          
                                                                                                                                
8:26:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said it doesn't  cost $30,000 a  year to                                                              
print up  the death  certificates, because it's  just a  copy made                                                              
with a seal affixed  to it.  He added, "The only  thing would be -                                                              
at  least theoretically  - these  people might  ... be  requesting                                                              
death certificates."                                                                                                            
                                                                                                                                
8:26:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  noted that the previously  mentioned death                                                              
certificate  has a  stamp on  it  that read,  "FOR GOVERNMENT  USE                                                              
ONLY Pursuant  to A.R.S. 39-122.A  this copy has been  issued free                                                              
of  charge  for   the  purpose  of  applying  for   and  obtaining                                                              
veteran's or Social  Security Benefits and shall not  be valid for                                                              
any other purpose."   She asked what other purpose  there would be                                                              
and why that stamp would be needed.                                                                                             
                                                                                                                                
8:27:09 AM                                                                                                                    
                                                                                                                                
MS.  HOOK  said  that  she  spoke   with  Mr.  Mitchell  in  Vital                                                              
Statistics,  and  he  expressed  concern that  people  would  take                                                              
advantage of  the program by requesting  too many copies  of death                                                              
certificates,  which  would  in  turn increase  the  cost  of  the                                                              
program.                                                                                                                        
                                                                                                                                
8:27:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  stated that  originally  when the  bill                                                              
was drafted,  he thought a  person should be  able to get  as many                                                              
copies  as  desired.   However,  he  said  Mr. Mitchell  was  very                                                              
conservative.    He  said  the   way  the  language  is  currently                                                              
written,  one certificate  can  be  acquired.   He  said he  would                                                              
consider a friendly amendment to broaden that language.                                                                         
                                                                                                                                
8:28:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN said he  would like to  keep the  language as                                                              
narrow as  possible; however,  he asked  about private  commercial                                                              
life insurance.   He expressed concern that the bill  not be bound                                                              
too much.                                                                                                                       
                                                                                                                                
8:29:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested that  the  language could  be                                                              
deleted restricting  the purpose  of the certificate  to obtaining                                                              
veterans'   benefits,   social   security  benefits,   and   other                                                              
government  benefits.   He  also suggested  that  "copy" could  be                                                              
made "copies".                                                                                                                  
                                                                                                                                
8:30:18 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  said  he  thinks   that  Representatives  Lynn  and                                                              
Gruenberg  have struck  some kind  of compromise,  and he  said he                                                              
would hate to jeopardize  the swift passage of the  bill by making                                                              
it too expansive.                                                                                                               
                                                                                                                                
8:30:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked if  the words  that  Representative                                                              
Gruenberg suggested  striking would mean  that "that one  time the                                                              
bureau would issue a single certified copy."                                                                                    
                                                                                                                                
8:31:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested that  instead  of saying  "a"                                                              
certified  copy, say  "one"  certified  copy.   In  response to  a                                                              
question from Representative  Gardner, he confirmed  that the copy                                                              
would  not be  stamped  regarding  the restrictive  purposes,  and                                                              
thus  the person  could  show  the  death certificate  for  varied                                                              
purposes.                                                                                                                       
                                                                                                                                
8:31:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER moved Amendment 1 as follows:                                                                            
                                                                                                                                
     On page 2, line 23:                                                                                                        
                                                                                                                                
     Delete "a"                                                                                                             
     Insert "one"                                                                                                               
                                                                                                                                
     On page 2, beginning on line 24:                                                                                           
                                                                                                                                
         Delete "for the purpose of obtaining veterans'                                                                     
    benefits,   social   security    benefits,   and   other                                                                
     government benefits"                                                                                                   
                                                                                                                                
8:33:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN [objected  for  the purpose  of  discussion].                                                              
He asked  if it  isn't necessary  to have  a new  copy of  a death                                                              
certificate for each purpose.                                                                                                   
                                                                                                                                
8:33:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that, in the case of  the late Mr.                                                              
Epstein, he got one certificate and made copies.                                                                                
                                                                                                                                
8:33:36 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON treated  Representative Lynn's  objection as  having                                                              
been withdrawn  and asked if  there was  any other objection.   No                                                              
objections were stated and Amendment 1 was adopted.                                                                             
                                                                                                                                
8:35:11 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON, in  response to  a  suggestion from  Representative                                                              
Gruenberg, stated for  record that two fiscal notes  would be sent                                                              
along with Version Y.                                                                                                           
                                                                                                                                
8:35:40 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON,  after  ascertaining  that  there  was  no  one  to                                                              
testify, closed public testimony.                                                                                               
                                                                                                                                
8:35:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked how  people  will  become aware  of                                                              
this law if it is passed.                                                                                                       
                                                                                                                                
8:36:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said he  is not sure  how that  would be                                                              
done;  however, he  said the division  usually  has a pretty  good                                                              
network  to  getting  the  word   out  to  veterans'  groups,  for                                                              
example.  He offered to inquire.                                                                                                
                                                                                                                                
8:36:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER responded  that if  there are benefits  to                                                              
survivors, "they need to know or it doesn't mean anything."                                                                     
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  report  CSHB 167,  Version  24-                                                              
LS0605\Y,  Bullock, 4/11/05,  as  amended, out  of committee  with                                                              
individual  recommendations  and  the accompanying  fiscal  notes.                                                              
There being  no objection, CSHB  167(STA) was reported out  of the                                                              
House State Affairs Standing Committee.                                                                                         
                                                                                                                                

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