Legislature(2009 - 2010)BARNES 124
04/07/2009 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 31 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
April 7, 2009
1:08 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative Bob Lynn
Representative Kurt Olson
Representative Jay Ramras
Representative Robert L. "Bob" Buch
Representative Scott Kawasaki
MEMBERS ABSENT
Representative John Harris
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 31
Urging the United States Congress to pass the Honor the Written
Intent of our Soldier Heroes Act.
- MOVED CSHJR 31(MLV) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 31
SHORT TITLE: SUPPORT SOLDIERS' BURIAL DESIGNATIONS
SPONSOR(s): REPRESENTATIVE(s) THOMAS
04/01/09 (H) READ THE FIRST TIME - REFERRALS
04/01/09 (H) MLV, STA
04/07/09 (H) MLV AT 1:00 PM BARNES 124
WITNESS REGISTER
JOSH TEMPEL, Staff
Joint Alaska State Legislative Veterans' Caucus
Juneau, Alaska
POSITION STATEMENT: Introduced HJR 31 for the prime sponsor,
Representative Bill Thomas.
NICHOLAS HENDERSON
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 31.
DAVID ROGERS
POSITION STATEMENT: Testified about HJR 31.
ACTION NARRATIVE
1:08:56 PM
CHAIR CARL GATTO called the House Special Committee on Military
and Veterans' Affairs meeting to order at 1:08 p.m.
Representatives Gatto, Olson, Lynn, Kawasaki, Buch, and Ramras
were present at the call to order.
HJR 31-SUPPORT SOLDIERS' BURIAL DESIGNATIONS
1:09:43 PM
CHAIR GATTO announced that the only order of business would be
HOUSE JOINT RESOLUTION NO. 31, Urging the United States Congress
to pass the Honor the Written Intent of our Soldier Heroes Act.
1:10:20 PM
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HJR 31, Version 26-LS0835\R, Bailey, 4/7/09,
as the working document. There being no objection, Version R
was adopted as the working document.
1:10:53 PM
JOSH TEMPEL, Staff, Joint Alaska State Legislative Veterans'
Caucus, said that HJR 31 expressed Alaska's support for H.R.
1633, a U.S. Congressional bill entitled "Honor the WISH Act."
He explained that HJR 31 would allow military personnel to
designate someone other than spouse, blood relatives, or
adoptive parents to oversee the disposition of their remains
should they be killed in the line of duty. He established that
current law prohibited the authorization of non-relatives. He
reported that military personnel filled out DD Form 93 to
designate disposition of their remains, with the accompanying
funeral payment, should they die in action. He reported that
some military personnel requested a person not listed in the
aforementioned categories, but that federal law prohibited it.
He opined that passage of HJR 31 would show Alaska's support of
the military while in combat.
1:12:54 PM
NICHOLAS HENDERSON offered his belief that, although he was
representing himself, he was also speaking for active military
personnel, veterans, and their families. He explained that HJR
31 allowed the last wishes of a service member to be honored.
He referred to the Sponsor Statement [Included in the members'
packets.] and shared his personal relationship with Specialist
Fox, who was featured in the Sponsor Statement as an example of
the need for this legislation. He pointed out that Specialist
Fox had specified Amy Frost to dispense with his remains, yet
custody of his remains was awarded to his estranged step father.
He noted that the biological father of Specialist Fox "stepped
in at the last moment" to handle the dispensation.
1:17:16 PM
CHAIR GATTO asked how the biological father was found.
1:17:29 PM
MR. HENDERSON explained that Specialist Fox, after his
deployment to Iraq, had renewed a long dormant communication
with his biological father.
1:17:48 PM
MR. HENDERSON explained that HJR 31 offered support for H.R.
1633, which would "amend title 10, United States Code, to
authorize a member of the Armed Forces to designate anyone as
the person authorized to direct disposition of the remains of
the member if the member dies while on active duty."
1:19:39 PM
CHAIR GATTO asked if Amy Frost was aware of this legislation.
1:19:55 PM
MR. HENDERSON responded that she was.
1:20:00 PM
DAVID ROGERS said, as the father of a fallen soldier, that this
"might be opening a door for manipulation to young soldiers."
He pointed out that "young soldiers are going through so much at
a young age," and that there might "be a reason why the system
is the way it is." He noted the wonderful relationship that he
had with his son, and he shared the difficulty for parents of
losing a child. He reflected on the importance to the parents
of receiving this deference. He reiterated his concern for any
manipulation of a young soldier's benefits.
1:24:38 PM
CHAIR GATTO asked to clarify that HJR 31 added an alternative,
not a substitution or a deletion, for the designation of
remains.
MR. TEMPEL agreed.
1:25:11 PM
MR. HENDERSON referred to H.R. 1633, and he reiterated that it
modified [Section 1482(c) of title 10, United States Code] by
inserting before paragraph (2):
(1) The person identified by the decedent on the
record of emergency data maintained by the Secretary
concerned (DD form 93 or any successor to that form),
as the Person Authorized to Direct Disposition (PADD),
regardless of the relationship of the designee to the
decedent.
He explained that it did not remove the original designation,
but that it allowed another option.
1:27:20 PM
CHAIR GATTO asked to clarify that the soldier designated the
individual to dispense of their remains.
1:27:45 PM
MR. HENDERSON reported that DD Form 93 contained several
sections for designation of people, which included the life
insurance payout, and the dispensation of the remains with the
associated funeral expense payout.
1:28:15 PM
CHAIR GATTO asked about the dispensation of the $100,000 for
funeral arrangements.
1:28:46 PM
MR. HENDERSON said that the $100,000 payment was to a designee.
He pointed out that the life insurance payout, as well as the
dispensation of the remains, could have different designees.
1:29:12 PM
REPRESENTATIVE LYNN asked [referring to ITEM 13a of DD Form 93]
that if the soldier specified someone other than the surviving
spouse, blood relative of legal age, or adoptive relatives of
the decedent, could the parents appeal this designation.
1:29:55 PM
MR. HENDERSON agreed, and he summarized the situation with
Specialist Fox, in which the biological father superseded both
Amy Frost and the adoptive family with award for dispensation of
the remains.
1:31:27 PM
MR. HENDERSON, in response to Chair Gatto, said that HJR 31
would make Amy Frost eligible to receive the remains.
1:31:36 PM
CHAIR GATTO asked if HJR 31 would allow the biological father to
appeal the dispensation of the remains.
1:32:01 PM
MR. HENDERSON said that he did not know the appeals policy.
1:32:17 PM
MR. TEMPEL said that there was a predetermined military life
insurance policy for $400,000, which cost about $20 per month.
He allowed that, upon occasion, the distribution intention was
ill-treated, or not updated. He endorsed that although many
soldiers were young, they were responsible for themselves. He
pointed out that HJR 31 aligned with the civilian option for an
individual to designate their choice for dispensation of their
remains. He acknowledged the pain for parents of deceased
military personnel, but he endorsed the right for an adult to
make their own decisions.
1:36:40 PM
REPRESENTATIVE LYNN asked if the $100,000 was allocated to the
designee to spend.
1:37:32 PM
MR. TEMPEL explained that the $100,000 payment was increased
from $10,000 during the Bush Administration.
1:38:30 PM
REPRESENTATIVE LYNN asked to clarify whether the $100,000 went
to the estate or to the contracted burial representatives.
1:38:56 PM
MR. TEMPEL, in response to Representative Lynn, said that the
money went directly to the designee for dispersement of the
remains, although the money could be spent for anything.
1:39:52 PM
REPRESENTATIVE LYNN agreed that there was potential for abuse,
and he opined that the money should only be allowed for funeral
expenses.
1:41:10 PM
CHAIR GATTO asked how often this abuse occurred.
1:41:39 PM
MR. TEMPEL, in response to Chair Gatto, said that, according to
the law, the $100,000 went to parents, blood relatives, or
adopted parents. He explained that the $400,000, as with any
life insurance policy, was distributed to whomever the service
member designated. He acknowledged that the military maintained
counsel with the soldiers to ensure the policy was updated
regularly. In response to Representative Lynn, he clarified
that a designated distribution for the $100,000 was not included
in HJR 31, but he allowed that there was the potential for abuse
of the money.
1:44:49 PM
CHAIR GATTO reflected that it was the right of each individual
to determine how they designated the life insurance money.
1:45:33 PM
MR. TEMPEL, in response to Representative Lynn, said that most
military units monitored and counseled their staff.
1:45:47 PM
REPRESENTATIVE LYNN reminisced on the counseling support he
received while in the military.
1:46:01 PM
MR. HENDERSON reflected on his role as a counselor, and the
counseling process, while in the military. He explained that
the counseling was offered from the squad upward to the company
level. He described the role of the casualty assistance office
in monitoring the forms and the designees.
1:48:45 PM
REPRESENTATIVE LYNN moved to report CSHJR 31, Version 26-
LSO835\R, Bailey, 4/7/09, out of committee with individual
recommendations and the accompanying zero fiscal note. There
being no objection, CSHJR 31(MLV) was reported from the House
Special Committee on Military and Veterans' Affairs.
1:49:12 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:49 p.m.
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