Legislature(2017 - 2018)GRUENBERG 120
04/18/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB235 | |
| HB125 | |
| HB224 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 235 | TELECONFERENCED | |
| + | HB 125 | TELECONFERENCED | |
| *+ | HB 224 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 18, 2017
3:06 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
MEMBERS ABSENT
Representative Gary Knopp
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 235
"An Act creating the North Star Medal."
- HEARD & HELD
HOUSE BILL NO. 125
"An Act relating to a veteran's designation on an identification
card or a driver's license for Hmong veterans and Lao veterans."
- HEARD & HELD
HOUSE BILL NO. 224
"An Act relating to reemployment of persons who retire under the
teachers' retirement system."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 235
SHORT TITLE: NORTH STAR MEDAL
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
04/16/17 (H) READ THE FIRST TIME - REFERRALS
04/16/17 (H) STA
04/18/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 125
SHORT TITLE: LAO/HMONG VETERAN DRIVER'S LIC. & ID CARD
SPONSOR(s): REPRESENTATIVE(s) TARR
02/15/17 (H) READ THE FIRST TIME - REFERRALS
02/15/17 (H) MLV, STA
04/04/17 (H) MLV AT 1:00 PM GRUENBERG 120
04/04/17 (H) Heard & Held
04/04/17 (H) MINUTE(MLV)
04/06/17 (H) MLV AT 1:00 PM GRUENBERG 120
04/06/17 (H) Moved HB 125 Out of Committee
04/06/17 (H) MINUTE(MLV)
04/07/17 (H) MLV RPT 5DP 1NR
04/07/17 (H) DP: SPOHNHOLZ, REINBOLD, PARISH,
SADDLER, TUCK
04/07/17 (H) NR: RAUSCHER
04/18/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 224
SHORT TITLE: REEMPLOYMENT OF RETIRED TEACHERS & ADMIN
SPONSOR(s): REPRESENTATIVE(s) JOHNSTON
04/10/17 (H) READ THE FIRST TIME - REFERRALS
04/10/17 (H) STA, FIN
04/18/17 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
STEPHANIE GILARDI, Staff
Representative Jonathan Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 235 on behalf of
Representative Kreiss-Tomkins, prime sponsor.
BOB LYNN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 235.
WALT MONEGAN, Commissioner Designee
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 235.
ED MERCER, Deputy Chief
Juneau Police Department (JPD)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 235.
DAVID CAMPBELL, Lieutenant
Juneau Police Department (JPD)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 235.
DARYL WEBSTER, Assistant Superintendent
Lemon Creek Correctional Center (LCCC)
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 235.
TROY LARUE, Division Operations Manager
Statewide Aviation
Department of Transportation & Public Facilities (DOT&PF)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 235.
STEVE BEAR, Colonel, Director
Division of Alaska Wildlife Troopers (AWT)
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 235.
NICK SZABO, Vice President
Alaska Search and Rescue Association (ASARA)
Kodiak, Alaska
POSITION STATEMENT: Testified in support of HB 235.
REPRESENTATIVE GERAN TARR
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 125, as prime sponsor.
VERDIE BOWEN, Director
Veterans Affairs
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 125.
MAI XIONG
Hmong Alaska Community Inc.
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 125.
REPRESENTATIVE JENNIFER JOHNSTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 224, as prime sponsor.
ROBERT ERVINE, Staff
Representative Jennifer Johnston
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the Sectional Analysis of HB 224
on behalf of Representative Johnston, prime sponsor.
LISA PARADY, PhD, Executive Director
Alaska Council of School Administrators (ACSA)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
hearing on HB 224, with the use of a PowerPoint presentation
handout.
NORM WOOTEN, Executive Director
Alaska Association of School Boards (AASB)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 224.
ACTION NARRATIVE
3:06:29 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:06 p.m.
Representatives Tuck, Wool, Birch, and Kreiss-Tomkins were
present at the call to order. Representatives LeDoux and
Johnson arrived as the meeting was in progress.
HB 235-NORTH STAR MEDAL
3:07:41 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 235, "An Act creating the North Star
Medal."
CHAIR KREISS-TOMKINS, as prime sponsor of HB 235, stated that
the intent of HB 235 is to recognize first responders and law
enforcement personnel at the state level like the Purple Heart
does on the national level. He mentioned that the proposed
legislation was the idea of former Representative Bob Lynn and
resulted from collaboration with Mr. Lynn.
3:09:14 PM
STEPHANIE GILARDI, Staff, Representative Jonathan Kreiss-
Tomkins, Alaska State Legislature, on behalf of Representative
Kreiss-Tomkins, prime sponsor of HB 235, stated that HB 235
would create the North Star Medal, which would serve as a symbol
of gratitude from the people of Alaska to first responders and
law enforcement personnel. She asserted that the medal is meant
to be a rare and high honor awarded by the governor to
individuals who are injured or killed in the line of duty while
exhibiting great courage in the service of their fellow
Alaskans. She said that firefighters, peace officers, emergency
medical technicians (EMTs), and search and rescue (SAR)
volunteers would all be eligible for the award. The category of
peace officer includes police officers, Village Public Safety
Officers (VPSOs), Alaska State Trooper (AST) troopers, municipal
police, and corrections officers.
MS. GILARDI relayed that other states, such as Idaho, Illinois,
Oregon, and Texas, have similar awards honoring first responders
and law enforcement for meritorious conduct and/or death or
injury in the line of duty. She maintained that the proposed
legislation would create an award that would honor Alaska's
fallen heroes.
MS. GILARDI stated that there is one comparable award that
currently exists in Alaska - the Alaska Medal of Heroism -
created by the legislature in 1965, which has been awarded
several times to recognize heroic and valorous deeds. She
offered that the difference [between that medal and the one
currently being proposed] is that the Alaska Medal of Heroism
can be awarded to any person and most often is awarded for
spontaneous acts of bravery, such as saving people from fire,
car crashes, or airplane wrecks. The North Star Medal would not
duplicate this award. While the recipients of the Alaska Medal
of Heroism are ordinary citizens responding to extraordinary
events with courage, the North Star Medal would honor people who
"show up" each day knowing that during their work, they could be
asked to sacrifice their lives to protect their fellow Alaskans.
MS. GILARDI relayed that nominations for the North Star Medal
may originate within communities and [state] departments. The
nominee names would be passed on to the highest-ranking
supervisor in that department and forwarded to the commissioner
of the Department of Public Safety (DPS), who would review the
nominations and pass them on to the governor. She said the
medals would be awarded by the governor in a ceremony occurring
no more than once per year; if the honoree is no longer living
or unable to accept the award, it would be presented to his/her
next of kin.
MS. GILARDI related that staff has been working closely with
DPS; the DPS already creates and designs awards for its own
employees and would be amenable to designing this one. She
thanked Commissioner Monegan for assisting with naming the
medal.
CHAIR KREISS-TOMKINS mentioned that HB 235 would complement HB
23 [signed into law 6/21/17], which created benefits for
survivors of those felled in the line of duty.
3:13:06 PM
REPRESENTATIVE TUCK asked if the Purple Heart may be awarded to
a member of the [Alaska] National Guard or a member of the
organized militia of Alaska who respond to emergencies.
MS. GILARDI responded that there is a military honor, which was
created in 2007 - the Alaska Declaration of Honor - that may be
awarded to members of the military such as guardsmen.
3:13:54 PM
REPRESENTATIVE JOHNSON asked which award - the North Star Medal
or the Alaska Medal of Heroism - would be appropriate for a SAR
volunteer.
MS. GILARDI answered that she included the SAR volunteers among
those eligible for the North Star Medal because they work
closely with law enforcement and have made commitments to serve
in an organization devoted to helping other people; they are on
call like first responders; and they are willing to put
themselves in danger.
REPRESENTATIVE JOHNSON offered that SAR volunteers would be like
volunteer firefighters who are members of an active volunteer
corps.
MS. GILARDI replied, that's correct.
3:15:31 PM
REPRESENTATIVE WOOL referred to the letter, included in the
committee packet, from the Alaska Correctional Officers
Association (ACOA) and asked for confirmation that this group
would be included under the category "peace officers."
MS. GILARDI answered, "Yes they are."
3:16:05 PM
BOB LYNN testified, "There is a medal that Alaska needs, that
too many people deserve, but nobody wants." He relayed that the
U.S. Armed Forces has the Purple Heart, which is awarded to
someone who is wounded or killed in a hostile action. He
maintained that Alaska law enforcement heroes and those working
with them, who are wounded or killed by hostile actions by
opponents of law and order - thugs, criminals, and the scum of
humanity - are deserving of such a medal. He said that HB 235
proposes such a medal, which would be titled the "North Star
Medal." He offered that Alaska's budget issues are important,
but so is honoring law enforcement through the proposed
legislation. He stated that without the help and support of the
military overseas and law enforcement at home, all other issues,
including budget issues, are moot. He maintained that when law
enforcement officers are wounded or killed on behalf of
Alaskans, there needs to be special recognition by the State of
Alaska; that is what is proposed under HB 235; and it is the
least Alaska can do.
MR. LYNN stated that he has a special interest in the proposed
legislation due to having been a law officer himself and having
many family members in law enforcement. He said, "By the grace
of God, none of our family were ever wounded or killed, but we
had comrades and friends who were." He maintained that these
people should have been awarded special recognition by their
states, just as a member of the military is awarded a Purple
Heart by a grateful nation. He urged the committee to pass HB
235.
3:19:08 PM
REPRESENTATIVE BIRCH expressed his appreciation and support for
the proposed legislation.
3:20:27 PM
WALT MONEGAN, Commissioner Designee, Department of Public Safety
(DPS), stated that his father, Walt Monegan, Jr., was a U.S.
(Marine Corps) marine, killed in action during the Korean War
and posthumously awarded the Congressional Medal of Honor.
Commissioner Monegan relayed that he was in utero when his
father died, so never met his father. He stated that the medal
is proudly displayed in his home and has served as a physical
reminder since childhood that "I, too, must believe in something
larger than myself."
Commissioner Monegan offered that the award being considered
under HB 235 is a similar form of recognition [as the Purple
Heart] of a first responder who has answered a threat in a
manner that is above and beyond the call of duty. He maintained
that the medal will honor its wearer and his/her family, and it
will serve as a reminder that there are still brave and noble
Alaskans who also believe in things that are bigger than
themselves.
3:22:10 PM
ED MERCER, Deputy Chief, Juneau Police Department (JPD), relayed
a story of heroism and sacrifice as follows: On April 2015, two
general police officers responded to a call involving an airline
passenger who violated a rule on the airplane. The officers
contacted the passenger near the tarmac, who provided the
officers with a fake name, then became increasingly agitated.
The man took off running toward the restricted area of the
tarmac, and both officers pursued him. After a brief chase, the
officers tackled the man; the man tried to take one officer's
handgun; and the other officer tried to subdue the man applying
several soft- and hard-hand techniques to no avail. The man
continued to try to remove the officer's gun, but the other
officer hit the man until the man stopped. The man then started
to grab the officer's taser and was stopped only after the other
officer pulled out his taser and demanded the man to stop. The
man was arrested, and JPD learned that the man had an
outstanding warrant in another state. Although no one was
killed in this incident, one of the officers sustained an injury
resulting in months of missed work, surgery, and rehabilitation.
MR. MERCER stated that he believes policing is one of the
noblest professions a person can undertake. It is one with
incredible rewards and responsibilities; however, it is not
without risk or sacrifice. He said that the story he related is
just one example, and he maintained that across Alaska law
enforcement, fire fighters, first responders, and SAR volunteers
risk their lives daily in service to the communities of Alaska.
He asserted that it is for this reason he supports HB 235 and
the North Star Medal.
3:24:32 PM
DAVID CAMPBELL, Lieutenant, Juneau Police Department, relayed
that in preparation for testifying, he walked through the police
department and asked each officer he encountered whether he/she
had ever been injured or assaulted in the line of duty. He
stated that except for two officers, every officer with whom he
spoke had been assaulted. He offered that he has been assaulted
four times over the course of his 22 years with JPD. He related
the story of one officer: The officer arrested a suspect who
sucker punched him, grabbed him in a headlock, and tried to
gouge out his eye. The officer was rescued by an off-duty
police officer from Colorado; the suspect was tasered and taken
into custody. The officer missed time from work while his eye
was recovering from a scratched cornea.
MR. CAMPBELL attested to the humility of that officer in
relating his story and of all the officers who told Mr. Campbell
of their injuries on the job. He stated that he looked at the
Law Enforcement Officers Killed and Assaulted (LEOKA) Program
statistics for 2016 and learned that for JPD with 55 officers,
there were 20 reports of officers injured in the line of duty by
assaultive behavior.
MR. CAMPBELL maintained that the North Star Medal is a good idea
for two reasons. First, it would counteract "police cynicism" -
the tendency of police officers to contract a negative view of
society after dealing with negative things every day. He
maintained that two of his favorite days of the year are the
[National] Police Memorial Day and the National Night Out in
Juneau, because regular citizens come out to these events and
thank the police for the work they do; it demonstrates to police
officers that there are good people "out there" who care about
them. He asserted that this medal would represent a show of
support and respect from the highest office in the state.
MR. CAMPBELL offered the second reason that the North Star Medal
is a good idea: the average citizen in the state may not
realize how dangerous it is to be a law enforcement officer; it
would be a reminder that not just those making the ultimate
sacrifice should be recognized, but people who get assaulted on
a regular basis. He suggested that the award may counter some
of the negative rhetoric against police officers, heard across
the nation.
3:27:37 PM
REPRESENTATIVE JOHNSON thanked the officers for serving;
mentioned that she has attended the [National] Police Memorial
Day in Anchorage; and expressed her support for the proposed
legislation.
CHAIR KREISS-TOMKINS concurred.
3:28:44 PM
REPRESENTATIVE TUCK asked if any police officers have received
the Alaska Medal of Heroism.
MR. CAMPBELL replied that he did not know, but JPD has an
internal process to bestow awards; the officer in Mr. Mercer's
narration was given a local award. He maintained that he
supports the North Star Medal for law enforcement as well as
civilians, because he believes that statewide recognition would
"go a long way" to let Alaskans know that sacrifices are being
made.
3:29:54 PM
DARYL WEBSTER, Assistant Superintendent, Lemon Creek
Correctional Center (LCCC), Department of Corrections (DOC),
testified that he is in support of HB 235, because he was a
police officer for 28 years before working for DOC. He said his
father was a police officer; and as a child, Mr. Webster
experienced his first police officer funeral when his father's
best friend was shot to death, while on duty, by a barricaded
armed robber. He relayed that during the time he was a police
officer, he attended the funerals of two of his coworkers, who
were shot to death. He added that many of his coworkers have
been injured, as has he.
MR. WEBSTER asserted that he is sensitive to the sacrifices that
Alaska's first responders make and the need to recognize them
for those sacrifices. He maintained that the award would send a
message to Alaska's emergency service workers that Alaskans are
aware of what they do. He offered that it is easy for first
responders to feel that their work and suffering is
unappreciated except by their coworkers; they need to be
reminded that Alaskans understand "what they're going through."
He asserted that workers in this field recognize that they may
be injured or killed, but they want it to mean something. He
offered that sometimes all that is needed is a small but sincere
gesture to inspire other people to heroic service, and it is a
gesture worth making.
MR. WEBSTER reiterated that the award would demonstrate Alaska's
recognition that the sacrifice of an officer is not his/her
sacrifice alone but is the sacrifice of his/her family,
colleagues, and society. He offered his support for the
proposed legislation.
3:32:20 PM
TROY LARUE, Division Operations Manager, Statewide Aviation,
Department of Transportation & Public Facilities (DOT&PF),
testified that he has worked with many dedicated first
responders across the state for 20 years. He said that Alaska
has an extremely diverse population in all walks of life, but
saving lives transcends all personal differences. He maintained
that emergency responders, whether volunteers or paid staff,
spend countless hours in training and preparation to save lives
and property. He stated that when an emergency responder
arrives at a scene, most of the time he/she has limited
information as to what he/she might be facing; the first rule
for a responder is "to stay the rescuer and not join the list of
people who need to be rescued." He said that unfortunately
there are occasions when some of Alaska's first responders find
themselves in harm's way; and Alaska needs a clear vision of how
it honors its fallen and injured emergency personnel. He
expressed his belief that HB 235 is more than a provision to
hand out awards; it is a method to show appreciation for
personal sacrifice when tragedy strikes.
3:34:23 PM
STEVE BEAR, Colonel, Director, Division of Alaska Wildlife
Troopers (AWT), Department of Public Safety (DPS), testified
that the Purple Heart was created for military personnel many
years ago, because it realized the importance of recognizing the
sacrifices that people make, and the North Star Medal would "go
a long way" towards doing the same. He mentioned that in his
many years with DPS and the military, he has become aware of
many people deserving of such a medal and the importance of such
recognition to their families. He offered that these public
servants work for individual departments but serve all citizens
of the State of Alaska. He expressed his appreciation for the
inclusion of SAR volunteers, because there are many organized
SAR groups who save many lives every year; and without their
service, there would be many more deaths in Alaska.
3:36:43 PM
NICK SZABO, Vice President, Alaska Search and Rescue Association
(ASARA), referred to the letter from Corey Aist, President,
ASARA [included in the committee packet]. He stated that ASARA
represents over 750 SAR volunteers across the state, who are
organized into about 50 SAR teams; most are unpaid volunteers
dispatched by the Alaska State Troopers (AST) [DPS] to assist in
searching for and rescuing lost people in the wilderness and
back country. He pointed out that HB 235 would not cost the
state money. He maintained that ASARA fully supports HB 235,
and he urged the committee to support the proposed legislation.
3:38:10 PM
REPRESENTATIVE JOHNSON reiterated that she appreciates the
proposed legislation, especially considering the size of the
state and the abundance of outdoor activity in the state.
CHAIR KREISS-TOMKINS announced that HB 235 would be held over.
HB 125-LAO/HMONG VETERAN DRIVER'S LIC. & ID CARD
3:40:05 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 125, "An Act relating to a veteran's
designation on an identification card or a driver's license for
Hmong veterans and Lao veterans."
3:40:28 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, as prime
sponsor of HB 125, stated that the intent of HB 125 is to
recognize Hmong veterans living in Alaska for their service to
the country by designating their driver's licenses. She offered
that many people do not know about the service of the Hmong
veterans. During the Vietnam War, there was a United Nations
(UN) agreement that forbid the U.S. from committing U.S. troops
in Laos. As a result, the Central Intelligence Agency (CIA)
launched a covert operation training and funding Hmong soldiers:
first to retrieve the bodies of pilots whose planes had crashed;
and then to block supplies and attack North Vietnamese and
Communist troops. An estimated 30,000 people, more than 10
percent of the Hmong population in Laos, were killed in the war,
and about 100,000 Hmong became refugees inside Laos; and it
remains a hostile situation for those refugees to this day.
REPRESENTATIVE TARR said that beginning in the late 1970s, the
U.S. and other nations began resettling the Hmong; currently
6,000 Hmong live in Alaska. She relayed that it has been more
than 40 years since the Vietnam War ended, but Hmong veterans
have never received proper recognition for their service. There
have been efforts at the national level: U.S. Senator Lisa
Murkowski introduced legislation in Congress that would allow
Hmong veterans to be buried in national cemeteries [Hmong
Veterans' Service Recognition Act]. Representative Tarr
maintained that General Vang Pao, a well-known leader in the
Hmong [American] community, wished to be buried at the Arlington
National Cemetery upon his death, but the law did not allow it.
REPRESENTATIVE TARR relayed that the proposed legislation would
allow a designation on a driver's license identifying the
individual as a veteran, thus making him/her eligible for any
services or benefits available to someone with such a
designation. She requested the committee to move the proposed
legislation forward; there are only a few dozen people who would
qualify; they can verify their service; and they are in their
sixties and seventies. She expressed her hope that Alaska can
honor their service before they've all passed away.
3:43:48 PM
REPRESENTATIVE BIRCH pointed out the many letters of support for
the proposed legislation.
REPRESENTATIVE TARR confirmed there were about 435 letters
demonstrating strong support for HB 125.
REPRESENTATIVE BIRCH asked if the Hmong soldiers were in the
employ of U.S. as military personnel. He asked, in what
capacity were they working - as mercenaries, independents, or
employees?
REPRESENTATIVE TARR replied that because direct military
involvement was forbidden by the UN agreement, the Hmong
involvement was a covert operation and was often referred to as
the "Secret War." The CIA recruited young Hmong individuals to
fight alongside American soldiers; some were as young as eight,
nine, and ten years old. They were told that they would receive
recognition for their service.
REPRESENTATIVE TARR relayed that former President William
Clinton signed legislation [Hmong Veterans Naturalization Act of
2000] easing the U.S. citizenship requirements for Hmong
immigrants who fought in the Secret War. There have been
several iterations of the legislation introduced by Senator
Murkowski. Representative Tarr maintained that it is an
important story to tell; many Americans are unaware of it; U.S.
always honors veterans for their service; and many Hmong died
fighting alongside of U.S. soldiers.
REPRESENTATIVE TARR quoted the testimony of Chue Chou Tchang,
the national chairman of the Special Guerrilla Unit - an
association of Hmong fighters in the U.S. Speaking through an
interpreter, Mr. Tchang stated, "We were American soldiers
fighting alongside American soldiers. We fought like brothers.
We died together. Coming to this country, we'd like to rest
with the American soldiers that fought with us."
REPRESENTATIVE BIRCH asked if the former Hmong soldiers
qualified as veterans at the federal level, and the proposed
legislation would allow them to qualify as veterans at the state
level.
REPRESENTATIVE TARR answered that the shame is that they don't
qualify as veterans; they receive no veterans benefits such as
medical care or pensions; and they are not permitted to be
buried in national cemeteries. She stated that it has been an
ongoing effort to recognize their service in some way. She
maintained that the state has jurisdiction over license plates,
but that would confer only social recognition, not personal
benefit. She asserted that with the driver's license
designation, they could receive local veteran discounts.
3:47:47 PM
REPRESENTATIVE LEDOUX expressed her support for HB 125. She
opined that the necessity for this legislation is sad; these
Hmong were promised that they would be treated as veterans; and
it is unfortunate when promises are made and not kept. She
pointed out a similar situation with Filipino soldiers, who
fought with the U.S. during World War II but never received the
compensation that they were promised. She maintained that the
Filipino veterans did not receive recognition or compensation
until the [American Recovery and Reinvestment Act of 2009] was
passed; the issue was very important to Senator Daniel Inouye of
Hawaii, who advocated for it. She said that the Filipinos who
finally received recognition were in their eighties and
nineties.
REPRESENTATIVE LEDOUX maintained that at the state level, not
much more can be done than what is proposed by HB 125. She
noted that HJR 17 has been introduced encouraging Congress to
allow Hmong veterans burial rights at national ceremonies. She
maintained that the fact that General Chue Chou Tchang, who
wanted desperately to be buried at Arlington National Cemetery,
was not permitted to be buried at a national cemetery is a
tragedy and a travesty.
REPRESENTATIVE TARR concurred. She mentioned that the Hmong
Veterans' Service Recognition Act, introduced by Senator
Murkowski, identifies two very specific categories of people.
The first is someone who was naturalized pursuant to the Hmong
Veterans' Naturalization Act of 2000 and who resided in the
United State at the time of death. The second is someone who
the Secretary of Veterans Affairs (VA) determined served with a
special guerrilla unit or irregular forces operating from a base
in Laos in support of the U.S. Armed Forces between February 28,
1961, and May 7, 1975, and who at the time of death resided in
the United States and was a U.S. citizen or an alien lawfully
admitted for permanent residence.
REPRESENTATIVE TARR stated that under the proposed legislation
she believes the number of people who would qualify is 48. She
maintained that the Hmong veterans have indicated to her that
they are very proud of their service and are proud to be
American citizens. As an ethnic minority in Laos, losing 30,000
of their number was a devastating blow to their community. They
had to resettle elsewhere and reinvigorate their community. She
maintained that it is time that Alaska honors their service.
3:52:19 PM
VERDIE BOWEN, Director, Veterans Affairs (VA), testified that
the Hmong served in Laos in locations where the U.S. Armed
Forces could not and would not because of the laws in existence.
They were enlisted by the CIA to perform the functions of
setting up listening posts and radar sites to observe the enemy.
He maintained that the most significant aspect of their service
was that about 30,000 Hmong soldiers faced over 75,000 North
Vietnamese soldiers - a much stronger force. He said that most
of the Hmong were young men and children; they were able to hold
their own; and at the end of the war they immigrated to the U.S.
He mentioned that he is not clear on all the promises made to
the Hmong by the CIA, as they were not recorded, but he believes
that there were many.
MR. BOWEN offered that the designation on the driver's licenses
under the proposed legislation would accomplish two things: it
would provide them the ability to receive some benefits; and it
would provide these Hmong fighters living in Alaska a "thank
you" from people who recognize their service. He said that the
only time Alaskans become aware of Hmong veterans is on Memorial
Day in May, and that would be a good time to pass the proposed
legislation. This legislation would serve to thank the Hmong
for their service and showcase support for Senator Murkowski's
proposed legislation authorizing burial in national cemeteries.
3:54:57 PM
REPRESENTATIVE BIRCH relayed that he supports the proposed
legislation; it is arguably 40 to 50 years late; but the country
is "late to the table" in thanking its Vietnam [War] veterans as
well.
REPRESENTATIVE LEDOUX asked if military officers may attend
Veterans Day and Memorial Day events in their military capacity.
MR. BOWEN answered, yes, they are. He added that a Hmong
memorial was placed at the Arlington National Cemetery sometime
around 2003 or 2004. He maintained that military officers may
attend those events.
3:56:09 PM
REPRESENTATIVE JOHNSON asked if veteran organizations have
commented on the proposed legislations.
REPRESENTATIVE TARR responded that many of the 435 signed
letters of support had been distributed through Veterans of
Foreign Wars (VFW) halls; and in many cases the post with which
a Hmong veteran was associated was included with the signature.
She said that the Hmong veteran groups work closely with local
VFW posts; she mentioned several collaborative efforts. She
stated that as far as she is aware, every indication points to
solidarity and support of one group for the other.
REPRESENTATIVE JOHNSON stated that although she does not
discount the service of the Hmong fighting for their own rights
in their own homeland, it is different from a United States
military veteran. She said that she supported legislation
recognizing African American soldiers working on the Alaska
Highway [SB 46, signed into law 5/1/17]; she offered that if
legislators begin identifying foreign collaborators in the
multiple overseas situations involving the CIA, then there are
many more to be considered, such as the Iraqi collaborators.
She maintained that offering the Hmong asylum in the U.S. is
warranted, but she relayed that she does not want to take
anything away from the U.S. military veterans who fought "in a
foreign war in a foreign country to defend people." She
maintained that she does not think the two groups should be
interchangeable.
REPRESENTATIVE TARR responded that this situation is different;
the Hmong soldiers fought alongside American soldiers instead of
being like a traditional ally. They were fighting for the
Americans in this instance; there is a specific designation for
people who would qualify; and there are specific service dates
that need to be verified.
MR. BOWEN referred to a document modeled after the Alaska
Territorial Guard (ATG) application, which would be verified
against the records that the Hmong currently have showing that
they fought during the [specified] period. He said that what
makes the Hmong unique is the fact that prior to the war, they
had no country; they were people of the hills. They aligned
themselves with the CIA and the U.S. thinking that the U.S.
would bring them to the U.S. to provide them a home. Because of
how the war ended, that did not happen. To this day the Hmong
are continuously hunted and killed by the (indisc.) communists.
He reiterated that they are a people with no country or place,
except the U.S. as they immigrate to the U.S.
4:02:31 PM
REPRESENTATIVE WOOL pointed out that the legislation proposes a
veteran's designation on an identification card or driver's
license, not a full on veteran status. About Representative
Johnson's point, he gave the example of the U.S. Armed Forces
fighting alongside the Northern Alliance in Afghanistan against
the Taliban at the time the U.S. first sent soldiers to that
country. He mentioned that the U.S. has had the support of
foreign forces often, and sometimes members of these foreign
forces have been offered asylum.
REPRESENTATIVE TARR reiterated that under the proposed
legislation, the Hmong would not receive Veterans heath care
benefits or pensions. It would merely offer them some local
discounts.
4:04:04 PM
MAI XIONG, Hmong Alaska Community Inc., testified that she
supported HB 125. She stated that the Hmong were recruited by
the CIA to help the U.S. win the war. (indisc.) She stated
that her dad is also a veteran who fought in that war. She
maintained that the Hmong were brought to America because the
U.S. lost the war, not because they wanted to come to the U.S.
She expressed that she supported the designated driver's license
under the proposed legislation. She mentioned that the Hmong
have been in the U.S. for over 42 years and are just asking for
this one thing. (indisc.)
CHAIR KREISS-TOMKINS announced that HB 125 would be held over.
HB 224-REEMPLOYMENT OF RETIRED TEACHERS & ADMIN
4:06:58 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 224, "An Act relating to reemployment of
persons who retire under the teachers' retirement system."
4:07:40 PM
REPRESENTATIVE JENNIFER JOHNSTON, Alaska State Legislature, as
prime sponsor of HB 224, stated that Alaska has many budget
challenges and has challenges in recruiting and retaining
qualified teachers in the rural areas. She said that even with
the University of Alaska Anchorage (UAA) graduating qualified
teachers, there is still a teacher shortage; and districts are
struggling every year to fill the positions.
REPRESENTATIVE JOHNSTON relayed that HB 224 would allow school
districts to rehire retired educators to work as contractors,
which would offer savings to the district. Under HB 224,
educators younger than age 62 may be rehired after one year of
retirement; educators age 62 and older may be rehired after
three months of retirement. If the school district uses this
tool, it must contribute [12.6] percent salary base rate toward
paying down the unfunded liability of the pension fund of the
Teachers' Retirement System (TRS) but won't be required to
contribute other costs beyond the salary.
REPRESENTATIVE JOHNSTON maintained that the two benefits of the
proposed legislation are cost savings and expanding the pool of
qualified teachers. She added that it also might provide some
mentorship within school districts.
4:09:18 PM
ROBERT ERVINE, Staff, Representative Jennifer Johnston, Alaska
State Legislature, on behalf of Representative Johnston, prime
sponsor of HB 224, stated that Section 1 of HB 224 would modify
the terms of the teacher employment and tenure to allow school
districts to rehire educators who have retired under the defined
benefit plan or the defined contribution plan - Tier II or Tier
III. Section 1 clarifies that if an educator is younger than
age 62, he/she must be retired for a year before being rehired,
or if age 62 or older, must be retired for three months before
being rehired. Section 1 also would require employers to
contribute to TRS for reemployed educators.
MR. ERVINE relayed that Section 2 would allow for retirees who
are rehired, as permitted by Section 1, to continue to receive
their retirement benefits during the period of reemployment.
MR. ERVINE said that Section 3 would ensure that retired
teachers who are rehired don't accrue more benefits. He relayed
that Section 4 would clarify in the TRS statutes that members
will continue to receive benefits, and deductions for TRS will
not come from their salaries but from the school district in a
separate payment. Section 4 also states that reemployed
educators will not receive credited time during their
reemployment.
MR. ERVINE stated that Section 5 would further clarify that
school districts will have to contribute to TRS. He said that
Section 6 would apply the provision of HB 224 to the contracts
that are made.
4:11:12 PM
REPRESENTATIVE WOOL summarized: a retired teacher goes back to
work; he/she still collects retirement; and the school district
pays into the TRS fund, but the rehired teacher does not. He
asked if normally a teacher pays into the fund.
REPRESENTATIVE JOHNSTON responded that with both TRS and the
Public Employees' Retirement System (PERS), the public agency
employer pays an assessed fee. The fee for teachers is [12.6]
percent of the salary base, which is both defined contributions
and contributing contributions. She said that the rehired
teacher would be part of that salary base. The fee for PERS
employees is 22 percent of the salary base.
REPRESENTATIVE WOOL asked if there would be any difference
between the contribution levels of the rehired retired teacher
and the regular teacher. He stated that he would like to know
what the difference would be between the two teachers as far as
TRS is concerned.
MR. ERVINE answered that there would be no difference; it would
be the same contribution level.
4:12:57 PM
REPRESENTATIVE LEDOUX referred to the "cost savings" mentioned
in the sponsor statement [included in the committee packet].
She asked, if the contributions are at the same level, "where
are the cost savings coming from?"
REPRESENTATIVE JOHNSTON replied that the retired employee would
continue to receive health care and other benefits from the
retirement system. She maintained that the school district
might not have to pay as much to hire the retired teacher as it
would a teacher without health care benefits or other retirement
benefits.
REPRESENTATIVE LEDOUX asked if the school district would have to
pay into TRS for the rehired retired teacher.
REPRESENTATIVE JOHNSTON explained that when PERS and TRS were
changed in 2008, the whole base salary for the hiring entity,
such as a municipality or a school district, was assessed for
the amount that the entity must pay towards the retirement
system - 22 percent [for PERS, 12.6 percent for TRS]. The
rehired retired teacher would be part of that salary base;
therefore, the entity would be paying for the teacher's salary
as it's "prorated out towards the pension."
REPRESENTATIVE LEDOUX asked for the source of savings if the
school district is paying into the retirement system. She
conceded that savings are not necessarily needed for the
proposed legislation to make sense.
REPRESENTATIVE JOHNSTON responded that the principle savings
would be derived from the teacher not requiring the health care
benefits that other teachers would require. She agreed that
satisfying the need for teachers may be more important than
saving money under the proposed legislation. She maintained
that the intent of HB 224 is to enlarge the pool of teachers.
REPRESENTATIVE LEDOUX offered a scenario: Two teachers are
being considered for hire; each would be paid $50,000 per year.
One teacher is a retired teacher wanting to be rehired; the
other teacher is a new teacher. Representative LeDoux asked,
"Can you explain to me how it would work for each one?"
REPRESENTATIVE JOHNSTON replied that for the new hire, there
would be encumbered costs - a health care plan, payments into
the retirement system, and continuing education incentives.
4:17:20 PM
REPRESENTATIVE LEDOUX asked what Representative Johnston means
by "encumbered costs."
REPRESENTATIVE JOHNSTON replied that the benefits that a person
receives along with his/her salary is what she is referring to
as encumbered costs.
REPRESENTATIVE JOHNSTON explained that the rehired teacher would
not necessarily need the health care benefits or the continuing
education incentives; the only additional expense would be the
salary base formula going into the pension fund.
REPRESENTATIVE LEDOUX summarized by saying the rehire doesn't
have as many encumbered costs.
REPRESENTATIVE JOHNSTON concurred, but reminded the committee
that the most important aspect of the proposed legislation is
not cost savings but addressing the teacher shortage by allowing
school districts access to a larger teacher pool.
4:19:26 PM
LISA PARADY, PhD, Executive Director, Alaska Council of School
Administrators (ACSA), testified that she is representing
superintendents, secondary and elementary school principals,
school business officials, and other school district
administrators. In response to Representative LeDoux, she
stated that the proposed legislation is focused on "supply and
demand" - trying to increase the teacher pool. She relayed that
the retiree would be rehired in an "at-will" situation. She
maintained that one can be retired from any state in the
country, come to Alaska, and be employed as an educator;
Alaska's own retired teachers are prohibited from doing so.
DR. PARADY maintained that the intent of HB 224 is to allow
retired teachers to be employed under an at-will contract
without impacting their retirement benefits. She stated that in
a compromise with the Department of Administration (DOA),
included in the proposed legislation is the requirement that the
districts pay the 12.6 percent employer contribution to TRS, as
they would with a non-retired employee. She relayed that the
rehired retiree would be under contract with the school
district, and the legislature would not be involved with that
contract.
DR. PARADY suggested there may be cost savings if a school
district negotiated a lower salary with the employee than he/she
received before retirement. She reiterated that the employee
would not be availing themselves of the benefits offered through
the school district, because his/her [retirement] benefits would
be intact. She offered that the school district would be
willing to pay the additional amount to TRS because it needed
the employee; the employee would not pay into TRS because they
would be an independent at-will employee under contract with the
district. She added that the district might decide to pay a
greater salary for a "high need" position - such as a special
education teacher - but less for a teacher in a position that
the school district decided was of lesser value to them. She
reiterated that the intent of the proposed legislation is not
cost savings but the teacher shortage crisis.
REPRESENTATIVE LEDOUX asked why a teacher would retire, then go
back to work.
4:23:42 PM
DR. PARADY replied that the proposed legislation does not
address the retiree's intent. HB 224 would allow a school
district to avail itself of the services of a retired person if,
in fact, there is someone available who is willing to work;
currently a retired teacher is prohibited from doing so. She
maintained that the proposed legislation would provide an
additional tool to school districts; it is not about
incentivizing someone to retire or not to retire. If a
community has retired educators and the school district has
trouble filling a teaching position, HB 224 would allow the
school district to hire a retired educator who is familiar with
both Alaska students and the state and is willing to teach.
DR. PARADY reviewed for the committee the history of the
provision under the proposed legislation. Previous legislation
with this provision was in existence starting in 2001 and
sunsetting in 2009. At the point of sunset, the teacher
shortage was reaching a crisis level. She relayed that DOA
reported that 325 retired teachers were rehired from 2001 to
2010, and because the teachers were counted each year, the
actual number of teachers rehired may have been much lower. She
relayed that the average period of reemployment was 18.7 months;
the shortest period 3 months; and the longest period 46 months.
The employer employing the largest number of retired teachers
was the Lower Kuskokwim School District (LKSD); and the most
employed in one year was 181. She reported that the position
with the highest number of rehires was "teacher" at 149; 18
superintendents; 22 principals; 45 special education teachers;
and 12 psychologists.
DR. PARADY referred to Slide 3 of the ACSA PowerPoint
presentation handout and relayed that Alaska is "working against
a backdrop of a teacher shortage nationally." She offered that
the Alaska Teacher Placement (ATP) center [University of Alaska
Fairbanks (UAF)] currently lists 602 openings; there were about
700 vacancies at the start of the year. At last year's ATP job
fair, 35 school districts participated with 185 school district
personnel in attendance, and there were 265 candidates; this
year there were 212 candidates at the job fair. She said that
historically the ATP job fair attracts hundreds of people from
all over the country, but now the applicant pools are shrinking.
She mentioned that currently there are 250 teaching jobs listed
and given that school districts have been actively recruiting
for the past three months, the number of vacancies is
staggeringly high for Alaska. She stated that in Alaska, many
of the school districts have started the school year unstaffed
and remain so. She added that this is common in rural school
districts where the turnover is high but historically has not
been common in the urban school districts.
DR. PARADY relayed that there are about 100 positions that were
not filled, which means they are being filled with anyone -
substitutes and paraprofessionals - just to fill the gaps. She
referred to Slide 4 and mentioned that the University of Alaska
[UA] pipelines teachers into Alaska teaching positions, but
there are not enough teachers to fill the void. She said that
the UA Colleges and Schools of Education produce about 200 to
250 new teachers per year, which is not enough to fill the
existing gap. She relayed that UA President [Jim] Johnsen has a
goal of UA preparing 90 percent of the annual hired teachers by
2025. It is an ambitious goal which ACSA supports, but she
maintained that the shortage needs to be addressed now, and the
proposed legislation may help to alleviate the gap until the UA
Strategic Pathways initiative produces results.
4:29:56 PM
REPRESENTATIVE LEDOUX asked what the rationale was for not
allowing the school districts to hire retired teachers.
DR. PARADY responded that she did not know the specific reasons;
she conjectured it was related to the state not wanting to
interfere with the retirement system. She maintained that under
the current staffing crisis, putting Alaska's retired teachers
on equal footing with all other retired teachers in the country
and allowing Alaska's retired teachers to be in the pool of
applicants balances out that concern. She maintained that there
are safeguards included in the proposed legislation: the delay
period before rehiring and the age consideration. She referred
to Slide 12, which states that rural and remote schools have the
highest turnover rate of principals and teachers. The slide
illustrates the urban rural comparisons: urban principal
turnover is 21 percent; urban teacher turnover is 14 percent;
rural remote principal turnover is 32 percent; and rural remote
teacher turnover is 31 percent. She said that student
achievement depends on hiring high quality teachers.
4:33:40 PM
REPRESENTATIVE WOOL asked how long an educator must work and
what age an educator must be to retire with benefits. He
relayed that Alaska is having a hard time filling trooper and
Village Public Safety Officer (VPSA) positions, and Alaska has
the highest unemployment rate in the country. He asked, "What
gives?" He asked if it is just in salary and benefits that
Alaska is unable to compete with other states. He mentioned
that Alaska historically "outperformed" other states in the
salary and benefits it offered.
DR. PARADY answered, "That absolutely is a consideration. She
related that there is a national shortage of teachers because
people are not choosing education as a profession. Alaska has
lost competitiveness; it used to lead the country with its
salary and benefit package; and it has lost that momentum.
4:35:41 PM
NORM WOOTEN, Executive Director, Alaska Association of School
Boards (AASB), stated that the previous retire rehire bill
[House Bill 161, passed into law during the Twenty-Fourth Alaska
State Legislature, 2005-2006] was for employees working under a
waiver for hard to fill positions, which included special
education teachers and secondary education mathematics and
science teachers. Generally elementary positions are easier to
fill because there are more elementary teachers.
MR. WOOTEN maintained that when the sunset clause of House Bill
161 went into effect in 2009, AASB adopted a resolution in
support of continuing the program and continues to support
retire rehire to this day. He relayed that the retire rehire
program was initiated for good reasons, and the primary reason
was to fill the positions that are difficult to fill. The
conditions of teacher shortage in Alaska still exist despite the
arbitrary deadline of the sunset clause.
MR. WOOTEN testified that the irony of Alaska's prohibition is
that a teacher can retire in any other state, come to Alaska,
and be hired as a teacher; however, Alaska retired teachers
wanting to teach again in Alaska cannot do so. Some people
"fail" at retirement; and he is an example of that. He
maintained that many people go back to work after retirement,
because they feel like they made a mistake by retiring. He
reiterated that Alaska school districts need the services of
these retired teachers.
REPRESENTATIVE LEDOUX pointed out that the provisions under
House Bill 161 expired in 2009, and it is now 2017. She asked
if there have been efforts made in previous legislatures to
reinstitute the retire rehire program.
MR. WOOTEN responded yes. The AASB has worked hard to get this
accomplished, and "this is the first time we've gotten it this
far ...."
4:38:53 PM
REPRESENTATIVE WOOL presented a scenario: A teacher retires at
the time he/she is eligible to retire; the teacher decides
he/she wants to go back to teaching after being retired six
months; he/she negotiates a contract with the school district
possibly at a lower pay level; he/she receives a teacher salary
and a retirement check, therefore, makes more money than another
teacher. He asked if that would be a problem and if the
additional teaching time would increase the retirement payments
when the teacher retires fully.
MR. WOOTEN replied that the decision to retire is a personal
choice. He maintained that when he retired from his first job,
he was hired back as a contractor; therefore, he was getting two
salaries - a contractor salary and a retirement salary - and
other workers were not getting two salaries. He maintained that
it is a decision that everyone faces - to stay at his/her job or
retire.
REPRESENTATIVE WOOL conceded that as a contractor, one is not
getting all the benefits that employees receive.
MR. WOOTEN answered, that's correct. He said that he received
no benefits when he returned to work as a contractor.
REPRESENTATIVE WOOL asked if a returning teacher would get
benefits, since he/she would come back as an employee. He also
asked if that additional work would enhance his/her retirement
amount.
MR. WOODEN expressed that he is not qualified to answer that
question.
4:42:13 PM
REPRESENTATIVE TUCK pointed out that a returning retiree would
be exempt from any collective bargaining agreements. Someone
coming from another state would not be exempt but would be under
a collective bargaining agreement. He asked if there is any
reason Alaska would not want employees working under collective
bargaining agreements.
MR. WOOTEN responded that when school districts have a choice,
they prefer long-term employees; the current proposed
legislation is a stopgap measure to employ people in hard to
fill positions. He said a school district is not going to staff
its entire school with contracted retired teachers, because
these teachers are temporary; they are not permanent employees
with long-term teaching aspirations.
REPRESENTATIVE TUCK suggested that it is "cheaper" for the
school district to hire the temporary employee than a long-term
employee receiving benefits under collective bargaining. He
suggested that it is illogical to hire temporary employees if
the school district wants long-term employees.
REPRESENTATIVE TUCK stated that with the Senate's cuts to
education, there will be an estimated 700 teachers terminated.
He maintained if that occurs, Alaska may have teachers to fill
the shortage.
4:44:56 PM
REPRESENTATIVE LEDOUX referred to the statement: Some people
realize after retirement that they want to go back to work. She
asked if there is a way that a person could re-enter the school
system, not take retirement benefits, and become a regular
employee again, or if once the person has retired, "there's no
going back."
MR. WOOTEN answered that a retired teacher can come off
retirement and go back into the system.
REPRESENTATIVE LEDOUX maintained if that is the case, the
proposed legislation is unnecessary.
MR. WOOTEN stated that the magnitude of the problem of being
unable to fill positions is great. He relayed his experience at
Kodiak: when he served on the school board 30 years ago, school
administrators were able to fill every position from the job
fair in Anchorage; when he got off the school board 25 years
later, the administrators needed to attend eight to ten job
fairs across the country to find teachers. He maintained that
the teacher shortage in Alaska is huge, and it is a nationwide
shortage as well. He said that he doubts very seriously that a
retired teacher receiving retirement pay would be willing to
give up the retirement pay to re-enter the system if he/she had
the opportunity to draw both retirement and a contracted salary.
REPRESENTATIVE LEDOUX maintained that was the point she was
making. The proposed legislation would incentivize retirement,
because the teacher could retire, take some time off, and come
back and receive both a salary and retirement. She said without
HB 224, the teacher would need to decide to stay or not stay.
[HB 224 was held over.]
4:48:23 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:48
p.m.