Legislature(2013 - 2014)BUTROVICH 205
02/20/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB145 | |
| SB127 | |
| HJR23 | |
| HJR19 | |
| HJR23 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 145 | TELECONFERENCED | |
| += | SB 127 | TELECONFERENCED | |
| + | HJR 23 | TELECONFERENCED | |
| + | HJR 19 | TELECONFERENCED | |
SB 145-VETS' RETIREMENT/LOANS/HOUSING/EMPLOYMENT
CHAIR DYSON announced the consideration of SB 145.
9:05:06 AM
MIKE BARNHILL, Deputy Commissioner, Alaska Department of
Administration, Juneau, Alaska, introduced the Governor's
veteran update bill. He said the bill does a handful of things
to update Alaska's laws with respect to treatment of veterans.
He specified that the hiring preference in the state's personnel
code updates the definition of veteran to include recent
conflicts that followed the Vietnam War; that update also
applies to Department of Commerce veterans' loans as well as
Alaska Housing Finance Corporation access to housing projects.
He added that the bill also updates Alaska pension law to comply
with the Heroes Earnings Assistance Relief Tax (HEART) Act of
2008. He explained that the HEART Act was enacted by Congress to
address active employees of employers that participate in the
Public Employee Retirement System, Teachers Retirement System,
or Judicial Retirement System. He specified that an employee who
is called into service and killed while performing qualified
military service that their last day of employment will be
deemed the date of death for purposes of pension benefits that
the survivors would receive such as accelerated vesting or
insularly life insurance benefits. He added that to comply with
the HEART Act, the wage differential is defined as the
difference between the wage that the employee receives in public
employment versus the wage that they receive from the military;
that is the differential wage that will be construed under
federal law as W-2 wages and the employer will include that as
wages paid to the employee for tax purposes.
9:07:55 AM
SENATOR WIELECHOWSKI addressed page 4, lines 14-18 regarding
qualifications for loans. He asked what would be the last date
of Operation Iraqi Freedom and time periods that will be listed
in 5 United States Code (USC) 2108(1).
MR. BARNHILL replied that the last date will be defined by the
federal government. He stated that he did not know when the date
will be. He said the federal statute is a statute that defines
veteran in much the same way that Alaska's statute does. He
explained that federal laws update conflicts on a more regular
basis and Alaska has not updated its veteran definition statutes
since the Vietnam War. He specified that the federal statute
include the initial Iraqi Conflict from 1990-1992 and Operation
Iraqi Freedom will be added.
SENATOR WIELECHOWSKI asked if people deployed in Afghanistan or
other parts of the world would be covered.
MR. BARNHILL specified that the bill covers all service rendered
during specific time periods wherever in the world that service
occurs, examples would include San Francisco, Iraq, and
Afghanistan.
9:09:47 AM
MCHUGH PIERRE, Deputy Commissioner, Alaska Department of
Military and Veterans Affairs (DMVA), Joint Base Elmendorf-
Richardson, Richardson, Alaska, said he had addressed the
service rendered issue with Mr. Barnhill and noted working with
the U.S. Department of Veterans Affairs that Operation Enduring
Freedom (OEF), which includes Afghanistan, is included in the
definition, but not specified until the conflict is completely
finished. He said OEF is expected to draw-down by sometime in
2015.
SENATOR WIELECHOWSKI asked if coverage for service rendered is
time or location based.
MR. PIERRE replied that coverage is dependent on a person's job
title and what the person is doing. For example, an individual
flying Unmanned Arial Vehicle (UAV) missions in Nevada would be
included as a combat veteran. He added that every veteran's DD-
214 document will have a combat identifier.
SENATOR COGHILL noted that he has a DD-214 document when he
separated from the military.
CHAIR DYSON asked if the committee should consider putting
wording in the bill that whenever the federal government changes
their classifications on a new conflict that Alaska's statutes
would follow that.
9:12:01 AM
MR. BARNHILL answered that was exactly what the bill proposes to
do by incorporating reference to 5 USC 2108.
SENATOR WIELECHOWSKI asked if there were other situations where
the state would not want to be bound by the federal government's
definition.
MR. PIERRE replied that following the federal code for the
definition of combat veteran should be safe. He advised that the
state follow the federal code.
SENATOR COGHILL remarked that he usually is not a fan of tying
statutes to federal code, but agrees with the proposal because
Alaskan veterans will benefit due to the state's slower statute
changes.
9:13:47 AM
CHAIR DYSON opened the hearing to public testimony.
9:14:00 AM
MARK SAN SOUCI, Northwest Regional State Liaison, Defense State
Liaison Office, Office of the Deputy Assistant Secretary of
Defense, Tacoma, Washington, stated that he will address Senator
Wielechowski's proposed amendment.
9:14:25 AM
CARY BOLLING, Sales Marketing Manager, Alaska Housing Finance
Corporation, Anchorage, Alaska, said he was available for
questioning.
9:14:40 AM
BOB PAWLOWSKI, representing himself, Anchorage, Alaska, pointed
out that he is a retired National Oceanic and Atmospheric
Administration (NOAA) commissioned officer and a federally
recognized veteran with service connected to injuries. He read
the following statement:
I appreciate your attention to the importance that our
veterans bring to our nation and our state and
revealing this bill as an update to the Alaskan
veteran's laws, which appears, listening to Deputy
Commissioner Barnhill, has not been updated since the
Vietnam era. I ask you to consider bringing
consistency between the present U.S. code definitions
and the Alaska statutes associated with Veterans Armed
Forces, Military Service, and Uniformed Services.
Specifically I am referring to: Title 10 USC, which is
the Armed Forces' title; Title 37 USC, which is pay
and allowances; and Title 38 USC, which is Veteran's
Benefits as they apply to the definitions of active
duty, military service, and uniformed services. I
respect the difference of combat veterans, combat
service, and armed service versus active duty military
uniformed services as it pertains to the lower parts
of the statute in front of you. I fully support the
eras and the conflict. I am just asking that the
veteran's language be brought consistent with federal
code.
MR. PAWLOWSKI noted his work background work as a state employee
and his inability to claim to be a service disabled veteran. He
called attention to the inconsistencies in statutes.
CHAIR DYSON asked Mr. Pierre to comment on Mr. Pawlowski's
testimony.
9:18:51 AM
MR. PIERRE noted that Mr. Pawlowski has some valid points and
his department can take a hard look at all of the locations of
"veteran" separate from what is a combat veteran and then what
is a veteran in general. He said he did not know if SB 145 is
the vehicle, but added that he can address Mr. Pawlowski's
points and provide a recommendation.
CHAIR DYSON asked where SB 145 goes next. He inquired if SB 145
had a Senate Finance Committee referral.
SENATOR WIELECHOWSKI revealed that SB 145 goes to the Senate
Floor.
CHAIR DYSON addressed Mr. Pierre and noted that he thinks Public
Health Service and NOAA are not considered to be military
veterans.
MR. PIERRE replied that Chair Dyson's assumption is not entirely
correct. He specified that individuals that separate from NOAA
receive a DD-214 document that provides for veteran status
determination. He said Mr. Pawlowski is an example of someone
who is a service connected veteran who the U.S. Department of
Veterans Affairs (VA) says is a veteran, so the question where
we have some discrepancies in the state's programs that might
not require to be fixed through statute and could be fixed
through regulation that specifies in personnel hiring to include
veterans recognized by the VA.
9:20:49 AM
CHAIR DYSON announced that the committee will stand at ease.
9:22:15 AM
CHAIR DYSON called the committee back to order.
9:22:57 AM
SENATOR WIELECHOWSKI offered Amendment 1 to the committee.
CHAIR DYSON objected for the purposes of discussion.
9:23:23 AM
MONICA SOUTHWORTH, Staff, Senator Wielechowski, Alaska State
Legislature, Juneau, Alaska, said the amendment before the
committee deals with Medicaid waivers and the wait list for
military families. She explained that the issue arose out of a
survey that was done by a national organization called
Specialized Training of Military Parents (STOMP,) which works
with military families that have special needs children. She
said often times the Tricare Echo Program, which is a
supplemental insurance program to Tricare Standard and Tricare
Prime, does not always fulfill all of the families' needs and
requires families to apply for a Medicaid waiver. She related
that many comments from the STOMP survey revolved around respite
care not being enough and the only option for a family was
Medicaid. She set forth situations where families apply for
Medicaid waivers and are then stationed outside of Alaska. She
revealed that Alaska's average Medicaid waiver wait list is
approximately four years for home and community based care. She
said families are removed from the waiver wait list when they
leave the state. She set forth that the amendment proposes that
families remain on the state's waiting list and maintain their
priority as long as they intend to return to Alaska within 18
months of separation. She specified that services will not
follow families out of the state. She said the amendment will
benefit families at Eielson Air Force Base and Joint Base
Elmendorf-Richardson (JBER), but only if families return to the
state. She revealed that Mr. San Souci is available for comment
and noted that allowing service members to retain their Medicaid
waiver priority is listed as a top ten issue for the DOD
Legislative Liaison Office.
9:25:34 AM
SENATOR WIELECHOWSKI mentioned that Amendment 1 has a zero
fiscal note, does not cost anything to do, and specifically
preserves a service member's place on a waiting list. He
specified that service members will not lose their wait list
position as long as they intend to come back and permanently
reside in Alaska.
MR. SAN SOUCI detailed that preserving the place on a waiting
list consistently becomes a key issue for special needs families
that move out of state and are required to start over from
square one. He specified that in some states the wait is two to
eight years with service families that move to another state
having to start over. He explained that the thought for the
easiest solution is to just have the legal residence of a state
apply during active duty and stay in the queue for future
military coverage. He specified that the request is not asking
for a new entitlement or to bump anyone else off a list. He
noted that family dependency will be reevaluated due to
potential medical change. He noted service wait list legislation
has passed in other states with zero fiscal notes.
CHAIR DYSON asked Mr. Barnhill for the Administration's position
on Amendment 1.
MR. BARNHILL replied that the question pertains to the
Department of Health and Social Services and DOD priorities.
9:28:30 AM
JON SHERWOOD, Deputy Director, Division of Senior & Disabilities
Services (DSDS), Alaska Department of Health and Social
Services, Juneau, Alaska, said DSDS oversees the Medicaid Home
and Community Care Waivers (MHCCW). He explained that Medicaid
waivers are alternatives to institutional care that must meet
institutional care standards for qualification. He said Alaska
currently operates four Medicaid waivers. He explained that
unlike the rest of the Medicaid program which could be called a
pure entitlement, states are allowed to limit the number of
people who are served on their waivers. Three of the state's
four waivers do not operate with waiting lists and provide for
immediate eligibility.
MR. SHERWOOD said the MHCCW wait list is approximately 600
people at any given time. He explained that people on the MHCCW
wait list are ranked according to need-score with approximately
20 people per month moved off of the wait list. He noted that
people who return to the state with a high need-score would be
ranked high on the registry list. He asserted that the amendment
will not have a substantial impact on the wait list.
CHAIR DYSON asked if there is a downside to Amendment 1.
MR. SHERWOOD replied that Amendment 1 would minimally impact
MHCCW.
9:31:27 AM
CHAIR DYSON noted that the Permanent Dividend Fund addresses
state residency. He asked if residency verification would be an
issue for DSDS.
MR. SHERWOOD answered that he did not think so. He said DSDS
would probably give people the benefit of the doubt if they
provided a reasonable case. He noted that candidates still have
to go through a thorough application process to be determined
for Medicaid qualification.
SENATOR COGHILL surmised that the speed of the qualification
process is slow. He noted his support for those who want to come
back to Alaska. He asked if Amendment 1 would "tip the scales"
in favor of a military family.
MR. SHERWOOD explained that DSDS draws people based on a numeric
score and people with similar scores would be drawn at the same
time.
SENATOR COGHILL set forth that MHCCW is generally services that
are the last best hope for families to help them survive. He
asserted that the state provides some pretty good services even
though the MHCCW wait list is long. He noted that many
communities are stepping up. He asked if Amendment 1 would act
as a draw or a convenience for military families.
9:35:06 AM
MR. SHERWOOD answered that he did not know. He noted that
multiple support services are available to Alaska residents
beyond MHCCW. He noted his concern that people do not know how
the MHCCW wait list works. He specified that the wait list is
not time based and people do not start back at the beginning. He
noted that a quarter of the people on the wait list have the
lowest possible score in terms of ranking and do not identify
for immediate needs. He added that lower ranked families have
access to other services.
9:37:01 AM
SENATOR COGHILL expressed his concern for individuals who are
waiting for the most intensive services. He said he did not want
individuals to think that people are going to be moved in and
individuals with intensive needs are going to be bumped off. He
specified that the wait list is based on need. He said with all
due respect to the military, the intent should be to assimilate
military families and help them everywhere the state can;
however, there are individuals with needs that must be treated
as fairly and equitably as possible.
CHAIR DYSON addressed Mr. Pierre and asked to clarify that DMVA
does not have a position on Amendment 1.
MR. PIERRE replied that DMVA has done a tremendous job to
identify all of the top ten priorities as Senator Wielechowski
has pointed out. He asserted that SB 145 deals with specific
cleanup language and Amendment 1 is not in line with what the
bill is trying to accomplish. He stated that Amendment 1 has
good merit and stands on its own, but does align with SB 145.
CHAIR DYSON asked Senator Wielechowski if Amendment 1 fits
within the title of SB 145.
9:39:18 AM
SENATOR WIELECHOWSKI replied that he thinks Amendment 1 does fit
within the bill's title and noted its intent was proposed as
sort of a military omnibus bill. He noted being careful not to
include the intent from Amendment 1 in a number of his military
bills that have fiscal notes. He stated his belief that the
intent in SB 145 was to make Alaska more attractive for active
duty and veterans to honor their services with Amendment 1
addressing the same intent. He reiterated that Amendment 1 holds
a spot as long as the service family returns within 17 months
and avoids an added three years of waiting.
CHAIR DYSON asked if Senator Wielechowski had Legislative
Legal's analysis on whether Amendment 1 fits under SB 145.
SENATOR WIELECHOWSKI answered yes and explained as follows:
It's not a bill that came from the House, there's not
a title change and it fits within the title. You have
to insert a provision and that's what we do on page 1
of the amendment to slightly change the title, it's
within the subject, so there is no constitutional
issue.
SENATOR GIESSEL pointed out that the Key Coalition of Alaska was
recently at the Capitol. She said she had meetings with multiple
parents talking about the wait list and how heart breaking it
was for them to persevere through the wait list until their
opportunity came up. She remarked that while the amendment may
have merit for the military folks and may not substantially
change who moves up on the wait list, she shared a concern that
her desperately waiting constituents may perceive being pushed
aside by someone else. She set forth that she will be a no vote
on Amendment 1.
9:42:25 AM
SENATOR WIELECHOWSKI replied that he certainly respects Senator
Giessel's opinion. He pointed out that the people affected by
his amendment are Alaska residents who are being required by the
government to go out of state. He asserted that his intent is to
specify the important distinction. He pointed out legislation
from last year that allows the Permanent Dividend Fund to grant
exemptions when an Alaska resident is forced to be out of state
by the government. He asserted that the intent of Amendment 1 is
similar to what is done with the Permanent Dividend Fund.
SENATOR COGHILL asked to address DSDS and noted that it is his
understanding that it is based on need and not on time. He
stated that at this point it is not a matter of holding a place.
He asked if a family that returns to the state would have to go
through the reapplication process and would Amendment 1 help
them receive their waiver more quickly.
MR. SHERWOOD replied that Amendment 1 will do nothing about
accelerating Medicaid eligibility and will not materially affect
an individual's score. He reiterated that individuals will have
to reapply when they return to the state. He noted that the
reapplication registry process may be sped up. He revealed that
the registry process takes approximately 30 days.
9:45:27 AM
SENATOR COGHILL verified that individuals would have to apply
for the Medicaid waiver because that is a state run program with
federal partnership.
MR. SHERWOOD answered correct. He explained that waiver services
are not portable and do not follow a family if they move out of
state.
SENATOR COGHILL commented that Amendment 1 may assist a military
family to quickly reestablish waiver eligibility. He said he did
not see any great material benefit from Amendment 1 and noted
that eligibility is qualification-based rather than time-based.
He asserted that verbiage in the amendment that a place is held
does not help. He inquired if Amendment 1's timelines adds
complexity for individuals who do not fall within its
parameters.
MR. SHERWOOD answered that DSDS would have to add some degree of
verification if timelines are involved. He added that Amendment
1 would not give an individual a particular qualification
advantage. He said people who did not meet a timeline
restriction would proceed through the registry process and
essentially compete with others on the wait list based on score.
He stated that Amendment 1 would not have a detrimental impact
on people who did not meet its timelines.
9:48:03 AM
CHAIR DYSON announced that he will maintain his objection and
asked for a roll call vote. Senators Wielechowski and Dyson
voted yea; Senators Giessel and Coghill voted nay; therefore
Amendment 1 fails.
9:48:31 AM
CHAIR DYSON announced the committee would stand at ease.
9:48:35 AM
CHAIR DYSON called the committee back to order.
CHAIR DYSON announced that Amendment 1 fails and asked for a
motion.
9:48:51 AM
SENATOR GIESSEL moved to report SB 145, labeled 28-GS2585\A from
committee with individual recommendations and attached zero
fiscal note.
9:49:05 AM
CHAIR DYSON announced that without objection, SB 145 passes out
of the Senate State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 145 - Hearing Request.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB 145 - VeteransBill_Sectional.docx |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB0145A.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-DCCED-DED-01-17-14.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-DOA-DOP-01-20-14.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-DOA-DRB-01-20-14 (2).pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-DOA-DRB-01-20-14.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-DOR-AHFC-1-21-14.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-Supporting Document-Buck Consultants.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145-Supporting Document-DOA Talking Points.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB145 Amendment - Wielechowski.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 145 |
| SB 127 Sectional Analysis.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Sponsor Statement.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Support Documents - DMV Revenue Sources.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Support Documents - Duane Bannock Email.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Ver A.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB127-DOA-DMV-02-07-2014.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Support Documents - Alaska Tags and Titles Revenue and Transactions by Fiscal year.pdf |
SSTA 2/13/2014 9:00:00 AM SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Sectional Analysis Ver U.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Ver U.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Support Documents - Talking Points in Response to First Hearing Questions.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Support Documents - Express Title Tag Support Letter.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| SB 127 Support Documents - AK Statute 28 10 431(e) Re Municipal Tax Collection.pdf |
SSTA 2/20/2014 9:00:00 AM |
SB 127 |
| HJR23-Legislation - Version 28-LS1038C.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 23 |
| HJR 23-Sponsor Statement.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 23 |
| HJR23-Fiscal Note-LAA php.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 23 |
| HJR 23-Letter of Support-Volanti.docx |
SSTA 2/20/2014 9:00:00 AM |
HJR 23 |
| HJR 23-Letter of Support-Mayor Dan Sullivan.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 23 |
| HJR 23-Letter of Support-ASHSC.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 23 |
| HJR19 Legislation 28LS1051C.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |
| HJR19 Sponsor Statement.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |
| HJR19 Fiscal Note.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |
| HJR19 Legislation 28LS1051N.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |
| HJR19 CS Changes Amendments (3).pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |
| HJR19 Supporting Carlisle.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |
| HJR 19 Supporting Luke AFB.pdf |
SSTA 2/20/2014 9:00:00 AM |
HJR 19 |