Legislature(2001 - 2002)
05/10/2002 05:38 PM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 55(STA)
"An Act relating to the Alaska Pioneers' Home and the Alaska
Pioneers' Homes Advisory Board; relating to admissions to,
payment assistance for, and transfers from the home; relating
to housing and services for veterans; and providing for an
effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Ward indicated he had prepared no amendments to this
legislation.
Senator Wilken moved to adopt CS SB 55, 22-GS1040\J as a working
draft.
Co-Chair Kelly objected for discussion.
Senator Wilken recapped discussions from previous hearing whereby
he opined that some decisions regarding services for Alaska
veterans were being made too quickly. He reminded the Committee of
his comments that while Alaska is the only state without veterans'
homes, it is also the only state with pioneers' homes. He agreed
with the premise of combining the pioneers' homes with veteran's
housing; however further efforts are necessary to achieve this.
Senator Wilken pointed out for example that it remains uncertain
whether the State's six pioneer home facilities would meet the
required standards for veterans' housing. He explained that federal
requirements prohibit senior veterans' care in conjunction with
other veterans' services. He furthered that it has been learned
that it is uncertain whether federal requirements would allow the
operation of the pioneers' homes together with veterans' homes. He
also stressed that the federal funding, which has been a primary
incentive for the establishment of veterans' homes in Alaska, has
not been guaranteed.
Senator Wilken asserted, "If we're going to do this, lets do it
right. Let's step back for a moment and let's look at the
alternatives." He then directed attention to a spreadsheet,
"Alternatives", he had distributed [copy on file], which lists six
options: 1) Do Nothing, which he did not anticipate would occur, 2)
Stand Alone, and he referenced a 1992 study about the significant
expense of constructing a stand-alone veterans' housing facility,
3) Convert existing Pioneers' Home to Veterans' Home, 4) Separate
Pioneers'/Veterans' Home, dividing existing Pioneers' homes into
separate wings for veterans and pioneers. 5) Combined
Pioneers'/Veterans' Home, similar to the current operation, and 6)
Other.
Senator Wilken noted the proposed committee substitute continues to
support a proposed study of the six aforementioned alternatives,
encourages negotiation with the federal government to secure
funding for veterans' housing, and allows for the creation of a
pilot program.
Senator Wilken expressed his intent to review this issue in a few
years to determine the option that would be in the best interest of
the pioneers and the veterans. He remarked that if "tens of
millions of dollars" are to be expended, those funds should be
leveraged to best serve veterans, as opposed to implementing a
"hurried" decision that may be regretted five or ten years in the
future.
Senator Ward announced he would vote to adopt the committee
substitute. He spoke to a unique opportunity and talked about the
patriotic aspects of supporting veterans. He surmised that changing
the name of the State's pioneers' homes to reflect veterans is the
goal of the Knowles Administration. However, he also was aware that
many Alaskan pioneers do not support changing the name of the
homes. He expressed his intent to make any name change contingent
upon actual receipt of federal funds. He emphasized that he did not
want to loose the opportunity to receive federal funds for
pioneers' homes, although he relayed that he had spoken to US
Senator Ted Stevens and did not receive a commitment that funding
would be forthcoming. Senator Ward predicted that simply changing
the name of the facilities would not guarantee receipt of federal
funds.
JIM DUNCAN, Commissioner, Department of Administration appreciated
the efforts of Senator Wilken with regard to the proposed committee
substitute. However, Mr. Duncan pointed out that intent language
alone is inadequate to demonstrate to the federal Veterans'
Administration, the State's "true strong commitment" to recognizing
Alaska's veterans and the intent of accommodating them in the
Pioneer Home system. He suggested that changing the name of the
Pioneer Homes would provide a necessary "tool" in negotiations with
the Veteran's Administration to secure funding for veterans'
benefits.
Mr. Duncan referenced a letter addressed to him from Anthony J.
Principi, Secretary of Veterans Affairs dated April 2, 2002 [copy
on file.] Mr. Duncan asserted this letter "outlines very clearly"
the understanding between the State and the federal Veterans'
Administration that some current federal regulations may "cause us
some difficulty right now" but that the federal agency is "willing
to work with us to overcome that" even if federal legislation is
required. He predicted that federal legislation would not be
necessary, but emphasized that the Veterans' Administration intends
to assist the State in preserving ownership and management of the
unique pioneer home system as well as seek common ground for
potential demonstration projects.
Mr. Duncan addressed Senator Ward's suggestion of making a name
change contingent upon an agreement between the State and the
Veterans' Administration. Mr. Duncan informed he had not evaluated
this proposal, as it had not been previously raised either in
relation to the bill or the proposed committee substitute.
Co-Chair Kelly pointed out that the aforementioned letter is not a
binding document or a memorandum of understanding, but rather it
outlines a conversation held with Mr. Principi.
Senator Ward noted that in negotiations between the State and local
governments, an "intergovernmental agreement" is used and he asked
if such an agreement would be appropriate in this situation.
Mr. Duncan clarified his testimony regarding the letter from Mr.
Principi that it is a "memorandum for the record", which outlines
the progress to date as well as future intentions. He stated the
goal of these negotiations is that the final document would be a
signed agreement between the State, the Pioneers' Home
administration and the federal Veterans' Administration, containing
the provisions of a new demonstration project.
Senator Hoffman requested General Phil Oats speak to the impacts of
the proposed committee substitute.
PHIL OATES, Adjutant General, Commissioner, Department of Military
and Veterans Affairs, "truly believed" in Senator Wilken's support
for veterans and pioneers; however, cautioned that the committee
substitute would not accomplish the intended goals. General Oates
explained the two issues at hand: a name to indicate that a
facility is a home for veterans, and a priority given to veterans.
He stated that Senator Ward's suggestion regarding a contingent
name change is "creative" and could possibly be implemented in a
manner that would preserve the identity of the Alaska Pioneers'
Homes. General Oates also suggested operating under two names
within one structure as an alternative. He stated that instituting
a "percentage preference" of the number of veterans' admitted to
the pioneers' homes would comply with the Veterans Administration
requirements and would be consistent with veterans' homes in other
states. He clarified that the State must "take the steps to
establish" veterans' housing, then the Veterans' Administration
assistance would follow. He spoke of calculating population
percentages to determine the number of veterans given preference.
Co-Chair Kelly noted that because of the limited amount of time
remaining in the legislative session, significant changes could not
be made to this bill. He recommended passing this bill from
Committee at this hearing and suggested Senator Ward work with
Representative Coghill.
Senator Wilken recalled the State approached the Veterans'
Administration with the intent to offer long-term care housing to
veterans. He surmised that because the State does not "jump ahead"
and change the name of the pioneers' homes, the argument is made
that the State is failing to demonstrate a commitment. He
emphasized this committee substitute provides that the State would
expend $250,000 to conduct a mandated report of the alternatives to
be presented to the next Legislature. He did not predict the
federal government would deny funding in this situation.
Senator Hoffman agreed with Co-Chair Kelly that this legislation
must be sent to the House of Representatives. He disagreed the
matter should be held until the next legislative session because
many current legislators might no longer be in office. He also
pointed out a new gubernatorial administration would be in office
and that priorities might be different.
Co-Chair Kelly directed the Committee to address discussion to the
motion to adopt the committee substitute.
Senator Ward suggested the Committee adopt the committee
substitute, but stressed the final version of this bill must have
the unanimous support of all legislators.
Senator Wilken remarked that it is irrelevant who holds legislative
office during the next session. He deferred the decision to future
lawmakers, predicting they would make the "right decision."
Senator Olson objected to adoption of the committee substitute.
A roll call was taken on the motion to adopt the committee
substitute as a working draft.
IN FAVOR: Senator Ward, Senator Wilken, Senator Austerman, Senator
Green and Co-Chair Kelly
OPPOSED: Senator Hoffman, Senator Leman and Senator Olson
ABSENT: Co-Chair Donley
The motion PASSED (5-3-1)
The committee substitute was ADOPTED as a working draft.
Senator Ward "moved committee substitute for Senate Bill number 55
out of Committee with individual recommendations and accompanying
notes."
Senator Austerman pointed out the committee substitute would
require amended fiscal notes.
Senator Ward amended his motion to stipulate, "Revised notes is
what I meant to say; revised accompanying notes."
Senator Wilken offered to work with Senator Ward to address the
concerns raised.
Co-Chair Kelly summarized the Committee's intent to pass this bill
to the House of Representatives. He warned that "political hay"
must not be made of this action, "because it could be killed like
that [snap fingers]."
Senator Leman commented, "I had heard some things earlier today
that give me hope that we could maybe reach something this year."
He explained this pertained to the proposal of a demonstration
project, different from that contained in the committee substitute.
He expressed he is not concerned that the name change must be made
this year and predicted that if and when an agreement is reached
with the Veterans' Administration, the name of the pioneers' homes
could be changed.
Co-Chair Kelly noted public testimony was taken on this bill
earlier in the day.
GARY BERRY, American Legion, testified that the Committee has "lost
sight" of the issue. He asserted that Alaska veterans'
organizations did not "ask for very much" of the Legislature this
session and listed five items including a pioneer/veterans home and
a veterans' home study. He spoke of his efforts in lobbying the
Legislature for the past ten years, during which time "nothing has
happened." He noted two other veterans' home studies have been
undertaken already but have had no result. He charged that one of
the studies was conducted by the State and was biased.
Co-Chair Kelly assured the Committee's action in adoption the
committee substitute is "a step in the right direction." He
explained the process of passing legislation through both bodies of
the Legislature before a session adjourns. He assured the specific
language contained in the committee substitute would likely be
amended.
Senator Hoffman informed that if the language were not amended he
would probably vote against the legislation.
GENE DALL, Legislative Officer, Veterans of Foreign Wars Post 5559,
testified about the approximately 100 beds in the pioneers' homes
that have remained empty for four or five years. He warned that
with budget reductions, an additional ten beds would become empty.
He told of waiting lists and the need for funds to staff the
facilities.
Mr. Dall asserted that action to create long-term care for veterans
in Alaska must occur while US Senator Ted Stevens is in office. Mr.
Dall recalled a speech made by Senator Stevens to the Alaska
Legislature in which he indicated his support of this bill. Mr.
Dall stressed that Senator Stevens has the necessary clout to
secure federal funding and told of the numerous congressional
actions taken by Senator Stevens on behalf of the various
organizations Mr. Dall represents. He avowed of Senator Stevens,
"If he says he'll do it, he'll do it, and he wouldn't say he'd do
it if he couldn't do it."
There was no objection and CS SB 55 (FIN) with forthcoming fiscal
notes MOVED from Committee. [Note: Fiscal notes for the Senate
Finance committee substitute were not produced as the Senate Rules
Committee adopted a committee substitute.]
| Document Name | Date/Time | Subjects |
|---|