STILL SERVING AMERICA

Legislative Action

October 29, 2009
Need Support for S. 1963
The Caregiver and Veterans Omnibus Health Services Act of 2009

In an effort to move two important legislative initiatives to assist service-connected disabled veterans and their dependents, who receive their health care services from the Department of Veterans Affairs (VA), Veterans' Affairs Committee Chairman Akaka introduced S. 1963, the Care and Veterans Omnibus Health Services Act of 2009.

This new bill combines provisions from S. 252, the Veterans Health Care Authorization Act of 2009, and S. 801, the Caregiver and Veterans Health Services Act of 2009, which were unfortunately stymied by a congressional hold. Both of these measures were supported by The American Legion because of the significant changes each measure will make in the lives of America's veterans and their families.

VA faces a looming shortage of health care personnel. Without concerted and timely action, this situation will only worsen in the years ahead. This is especially true as more Iraq and Afghanistan veterans return home injured and in need of new and specialized care. In order to avert this problem, VA must be able to offer competitive salaries, work schedules, and benefits.

The provisions in S. 1963 will allow VA to recruit and retain nurses, home health aides, and specialty care providers.

S. 1963 also contains measures that would improve the efficiency of health care delivery to veterans, including a number of pilot programs designed to help VA find new and innovative ways to deliver better, faster, and more comprehensive treatment.

Women make up an ever growing percentage of the Armed Forces. As such, they are also making up an ever growing percentage of the veterans' population. While there have been efforts over the years to address the unique needs of women veterans, there is much more that VA might do. To that end, there are provisions in this bill to address current shortcomings and help VA better respond to the increased demand for care from women veterans.

One of the most troubling and difficult challenges of warfare, which can be seen particularly in the current conflicts in Iraq and Afghanistan, is diagnosing and treating those who suffer from the invisible wounds of war. The lack of understanding of these injuries, the stigma associated with them, and many other factors make effective treatment difficult. Last Congress, the Veterans Mental Health and Other Care Improvements Act, was enacted as Public Law 110-387. This Congress must build on those advances and continue to provide accessible, cutting-edge care for those afflicted with invisible wounds. S. 1963 would expand eligibility and authority for the Vet Centers to provide needed services, and would commission a comprehensive study on suicides among veterans so that we can improve efforts to prevent such tragedies.

S. 1963 would also provide support for homeless veterans through a proposed series of innovative pilot programs. These programs are designed to significantly improve VA outreach to these veterans, in order to help them access the benefits and services provided by VA.

This comprehensive legislation, much of which was considered and passed by the Senate in the last Congress, would improve benefits and services for veterans both young and old.

S. 1963 would direct the VA Secretary to waive charges for care provided by VA in emergency cases to attendants accompanying veterans severely injured while on active duty on or after September 11, 2001, while such veterans are receiving VA care for such injuries.

S. 1963 would direct the VA Secretary, as part of authorized VA home health services for veterans, to furnish family caregiver assistance to family members of veterans in need of personal care services due to a serious injury incurred or aggravated during active duty.

S. 1963 would require the VA Secretary to: (1) evaluate the services needed by each veteran; (2) provide training and certification to the caregivers; (3) designate a primary personal care attendant for each eligible veteran; (4) provide ongoing family caregiver assistance to such family members; (5) provide respite care, in appropriate cases; (6) pay monthly caregiver stipends; (7) conduct oversight of the caregiver assistance program; (8) provide program outreach; and (9) report on program implementation and evaluation.

S. 1963 would authorize the provision of VA health care to primary personal care attendants.

Finally, S. 1963 would direct the VA Secretary to reimburse attendants for travel expenses, including lodging and subsistence, in connection with authorized VA treatment for veterans.

Please contact both of your Senators and request they become cosponsors of S. 1963 today. Encourage them to push for immediate floor action to assure passage of this legislation.

August 21, 2009
Veterans Legislation

Of the 3532 House and 1610 Senate pieces of legislation introduced in the 111th Congress to date, the Veterans Legislation (PDF) document lists those of interest to the non-active duty veteran community.

June 6, 2009
Flag Amendment Cosponsors Needed

Patriotic Holidays Perfect Time to Contact Members of Congress.

Since the 1989 Supreme Court decision, Texas v. Johnson, The American Legion and the other members of the Citizens Flag Alliance (CFA) have worked tirelessly over the past twenty years towards the goal of a constitutional amendment to protect Old Glory from acts of physical desecration.

The latest initiative began with the introduction of House Joint Resolution (H.J. Res.) 47 by Representative Jo Ann Emerson (MO). The text of the resolution states, "The Congress shall have power to prohibit the physical desecration of the flag of the United States." As of June 5, H.J. Res. 47 has 36 cosponsors. A companion bill, Senate Joint Resolution (S.J. Res.) 15, was introduced by Senator David Vitter (LA); that measure currently has 22 cosponsors. Both bills have been referred to their respective Judiciary Committees for action.

The Library of Congress Thomas Legislative Information System provides the details for both resolutions, including a current list of sponsors. You need to search for "HJ 47" and "SJ 15." For the search to work, you need to click the "Bill Number" box below the search text area. As of this date, there are no Montana cosponsors.

All members of The American Legion family are asked to contact their U.S. senators and representatives. Ask them to become cosponsors of the flag protection constitutional amendment; if they are already cosponsors, thank them for their support of Old Glory. Many elected officials will be attending Flag Day and Fourth of July celebrations in their home states and districts. These are perfect opportunities to invite your elected officials to a function at your local post. Ask them to attend a Flag Day ceremony, or to speak at a local Independence Day picnic or similar celebration. Then, ask your congressional member to make a principled stand to protect this nation's most treasured symbol. Let "We, the People" decide!

May 19, 2009
VA Blue Water Claims

On 5 MAY 09 Rep Bob Filner (D-CA-51st) introduced the Agent Orange Equity Act of 2009 (H.R.2244). This legislation would clarify the legal presumption of exposure to Agent Orange for veterans who served in the vicinity of Viet Nam. Currently, 38 US Code Section 1116, defines a Viet Nam veteran as "a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975." The Department of Veterans Affairs uses a conservative interpretation to mean "boots on the ground" which excludes most Navy and Air Force personnel who have Agent Orange related issues but who cannot prove "boots on the ground." H.R.2254 would clarify this section by redefining a Viet Nam veteran as one who during active military, naval, or air service (a) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period January 9, 1962 - May 7, 1975; (b) served in Johnston Island during the period April 1, 1972 - September 30, 1977; or (c) received the Vietnam Service Medal or the Vietnam Campaign Medal. If you would like to see this legislation passed you should contact your legislator and ask that he/she sign on as a sponsor or cosponsor to the bill. One easy way to do this is to go to http://capwiz.com/usdr/issues/alert/?alertid=13301656&queueid=[capwiz:queue_id] where you will find a preformatted message that you can use as is or edit the text of to your personal style and forward automatically by entering your zip code and contact data. [Source: NAUS Legislative Alert 8 May 09 ++]

April 22, 2009

HB0658 is a property tax bill initiated by Rep. Jopek. The original bill protected the property tax waiver for 100% disabled veterans and their surviving spouses. An amendment to the bill deleted this waiver. Please contact you representative to correct this outrageous amendment, and restore the property tax waiver to 100% disabled veterans. In your communication, you should reference the cover and page 8 of the proposed legislation.

March 24, 2009

Both HB 28 (Exempt military retirement pay and survivor benifits from taxation) and HB 206 (Exempt military salaries from state income tax) are stuck in the house committee on taxation. The vote is along party line. With your support, it is possible to transistion these bills to the house floor. Please contact your representative and the members of the taxation committee to express your support.

February 23, 2009

HB 28 is still in committee. The deadline for transmitting the bill out of the committee is March 31. From February 28 to March 2, the legislators will be in their home districts on a transmittal break. Take this time to contact your legislator in person.

February 12, 2009

NGAUS (National Guard Association of the United States) has asked for our help in passing legislation for reducing the age to collect retirement pay for members of the reserve component. The following is from the NGAUS Legistlate Alert Bulletin #09-03:

Over a half century ago Congress established the age of 60 for retired members of the National Guard to become eligible for retirement pay. In contrast, members of the Active Component (AC) are able to qualify for retirement pay as early as age 37! This inequity persists, but remains one of the foremost issues of concern and fairness to our members.

Congress took a much needed first step to repair this broken system with passage of the FY2008 National Defense Authorization Act (NDAA), which authorized a reduction in the eligibility age to collect retirement benefits by three months for every aggregate 90 days served in combat or response to Presidential emergencies after January 28, 2008. Unfortunately, the service of thousands of National Guard members who have answered the call following 9/11/2001 but prior to January 28, 2008 have been excluded despite the sacrifices they may have made or the unintended impact on families and their civilian employment. NGAUS strongly supports legislation to make the above retirement provisions retroactive to 9/11/2001.

For more information go to: http://www.ngaus.org/tier2.asp?bid=12756

February 6, 2009

Jim Jacobsen spent time with Rep Ingraham, HB 28 Sponsor, and Rep Lake, House Taxation Committee Chairman, who both state that HB 28 is not tabled but rather is sitting in House Taxation awaiting a motion by one of the Democrat members to move the bill to the House floor.

It is time to send your letters emails and faxes to the members of the Taxation Committee (see the January 14 posting below) letting them know that HB 28 is a revenue generating bill and not a entitlement bill for military retirees. In particular, your contact could change the vote of one of the following members of the committee: Rep Dick Barrett, Rep Robin Hamilton, Rep Dave McAlpin, Rep Art Noonan, and Rep Mike Jopek.

Letters like the following from Greg Harbac (Lieutenant Colonel, United States Marine Corps, Retired) to Rep JP Pomnichowski do help:

Exerts from Letter 1

Subj: TAXATION COMMITTEE ACTIONS ON HB28

Dear Representative Pomnichowski,

Bottom Line Up Front: JP, I need you and Montana needs you here. This bill is not a "gift" to veteran retirees, but an "economic development initiative" to bring quality residents, their investment, and their guaranteed income stream to Montana. All we have to do is "Just say Yes" to a positive cash flow to the General Fund by passing HB28.

...

It is worthy of note that when I joined the Armed Services, I wrote a blank check payable to "the United States and the citizens of Montana" for an amount "up to and including my life". I did not sign up to defend our country against all enemies foreign and domestic only if either Democrat or Republican. Now I’m here to tell you that again… We can defend Montana with our collective contribution to the General Fund. We just need an incentive to get more military to retire here.

Recently the Governor was quoted by the Associated Press, "Sometimes you've got to plant a tree and just nurture it and let it grow… People throw up their hands and say, 'Well, how come that tree’s only two feet tall?' I say, it's only two years old. Give some of these trees an opportunity to grow, to bear fruit".

A couple of Montana's 500 pound gorillas with dire effects by 2030 are Montana's aging population and the disappearance of family farms. Military retirees are mobile; they can retire anywhere they want. Military Retirees are part of the solution. But we have to act now so that those trees are mature when we need them, not looking for them after all of those other states have harvested them. Representative Cohenhour was provided answers to her questions regarding statistics from states providing 100% exemption from state tax on military pensions that also have a sales tax and of those states, and what has been their experience in attracting military retirees. The good news for Montana is that those numbers surprised even those doing the research. We already knew the numbers would work, but the numbers turned out to be nothing but good news when applied to Montana. Military retirees chose those states in much larger numbers. The statistics and the studies say that this is an opportunity to invest in some great "trees" for Montana.

This bill IS one of the Governor's trees; (to coin a tired term) we just haven't seen it for the forest.

Bottom Line: JP, I need you and Montana needs you here. This bill is not a "gift" to veteran retirees, but an "economic development initiative" to bring quality residents, their investment, and their guaranteed income stream to Montana. All we have to do is "Just say Yes" to a positive cash flow to the General Fund by passing HB28.

Exerts from Letter 2

I like your analogy of buying a car without knowing how much your job will pay you. The difference here is that unlike stopping by Ressler or Billion in Bozeman, the HB28 car becomes worth more money to the General Fund each year, and when 1000 military retirees instead of the current 235 choose Montana (as a large number will have the opportunity to do so as we are able to withdraw from places like Iraq) you might be able to quit your job and let your car replace your income. I'm not a betting man, however I do my homework and would wager a Diet Coke (or Pepsi) that you don't have many bills on your plate right now that can come close to promising you to pay for a part of even all of themselves in hard cash to the General Fund over time. If this sounds too good to be true, and you've not heard how it can and will work, let me or someone who is skilled at communicating this brief you on it. Let me know if you would be receptive to that opportunity. This asset to the General Fund deserves your support.

January 29, 2009

HB 28 (exempting military retirement pay) and HB 206 (exempting military salaries) failed on a tie vote along party lines. Since it was a tie vote they are available for reconsideration. Call the Democratic members on the Taxation Committee, and express your support for these bills. In particular, HB 28 is not a "gift" to retired veterans. Rather, it is an "economic development initiative" to bring these people to Montana.

January 23, 2009

Time to call, FAX, or email members of the Taxation Committee regarding HB 28 (see earlier posting for committee members). The committee may take executive action on the bill on January 29. Also, contact your representatives, and ask them to support the bill. Contact the Govenor's office to express your support, as he is opposed to the bill.

January 22, 2009

House Bill 213 Establish Soutwest Montana Veterans Home will be heard tommorrow in room 102 at 3:00 PM, anyone wishing to testify or is interested in this Legislation please attend.

January 21, 2009

HJR 9 is a joint resolution of both the Senate and House of Reprentatives of the State of Montana recognizing the service of Montanas in the armed forces of the United States. A hearing on the resolution will be held at 8:00am on January 23 in Room 455. The resolution is sponsored by Rep. Furey. Please attend the hearing. If you cannot attend the hearing call Rep. Furey and thank him for his support.

January 16, 2009

The hearing for HB 28 has changed times from 0800 to 0900. The parking situation remains the same, so arrive early.

January 14, 2009

The HB 28 House Taxation Committee hearing is officially set for 0800 hours on Monday 19 January in Room 152 of the Capitol. Parking is going to be a challenge, so please arrive by no later than 0730, and try the south side of the Capitol. If you cannot attend, contact your Representative, expecially those on the Taxation Committee. Emphasize the economic benefits to Montana.

January 12, 2009

Following is a list of the House Taxation committee members - name, district, address, telephone and email address if available. If they live close to you, or are in your House District, by all means call them and express your support of the measure Representative Pat Ingraham is carrying for us.

After the list of members, I've included some internet links to information concerning how many states currently exempt military retired pay and survivor benefits from state taxation. I think everyone who attends the hearing should be well versed on how many states currently provide some form of tax relief. Also, I'm trying to find some information on what kind of impact military retiree's and their families have on local economies and related information. If anyone has that data available, please share it. I think one of the keys to gaining legislative support for this issue is to show what a positive impact military retirees and their families have locally.

House Taxation Meets Mondays-Fridays, 8 a.m., Room 152

BOB LAKE (R) (Chair)
HD 88
PO BOX 2096
HAMILTON, MT 59840-2096
Home: (406) 363-4091
Bus: (406) 363-4091
lakemill@montana.com

JILL COHENOUR (D) (Vice Chair)
HD 78
2610 COLT DR
EAST HELENA, MT 59635-3442
Home: (406)227-1144
Bus: (406)227-1144
utopiamt@prodigy.net

JANNA TAYLOR (R) (Vice Chair)
HD 11
Home Address
PO BOX 233
DAYTON, MT 59914-0233
Home: (406) 849-6096
jannataylor@montana.com

DICK BARRETT (D)
HD 93
219 AGNES AVE
MISSOULA, MT 59801-8730
Home: (406)721-3695
rnewbar@gmail.com

MARK BLASDEL (R)
HD 10
PO BOX 291
SOMERS, MT 59932-0291
Home: (406) 857-2010
mblasdel@bresnan.net

EDWARD B BUTCHER (R)
HD 29
PO BOX 89
WINIFRED, MT 59489-0089
Home: (406) 462-5627
Bus: (406)462-5627
senatorbutcher@3riversdbs.net

WANDA GRINDE (D)
HD 48
1910 BANNACK DR
BILLINGS, MT 59105-4236
Home: (406)252-3343
wsgrinde@aol.com

ROBIN HAMILTON (D)
HD 92
330 DALY AVE
MISSOULA, MT 59801-4338
Home: (406) 549-9954
robinlhamilton@bresnan.net

BRIAN HOVEN (R)
HD 24
1501 MEADOWLARK DR
GREAT FALLS, MT 59404-3325
Home: (406)761-8533

MIKE JOPEK (D)
HD 4
PO BOX 4272
WHITEFISH, MT 59937-4272
Home: (406)250-1184
mjopek@mt.gov

DAVE MCALPIN (D)
HD 94
800 WOODWORTH AVE
MISSOULA, MT 59801-7046
Home: (406)880-7521
mcdave94@gmail.com

MIKE MILLER (R)
HD 84
20906 MT HIGHWAY 141
HELMVILLE, MT 59843-9025
Home: (406)793-5860

ART NOONAN (D)
HD 74
1621 WHITMAN AVE
BUTTE, MT 59701-5380
Home: (406) 490-7261

JP POMNICHOWSKI (D)
HD 63
222 WESTRIDGE DR
BOZEMAN, MT 59715-6025
Home: (406)587-7846
pomnicho@montanadsl.net

LEE RANDALL (R)
HD 39
101 RANDALL LN
BROADUS, MT 59317-9519
Home: (406)436-2807

J. DAVID ROUNDSTONE (D)
HD 41
PO BOX 223
BUSBY, MT 59016-0223
Home: (406)592-3873

JON SONJU (R)
HD 7
PO BOX 2954
KALISPELL, MT 59903-2954
Home: (406)270-7113
sonjumt@yahoo.com

WAYNE STAHL (R)
HD 35
PO BOX 345
SACO, MT 59261-0345
Home: (406) 527-3321
wstahl@nemontel.net

CHAS VINCENT (R)
HD 2
5957 CHAMPION RD
LIBBY, MT 59923
Home: (406) 293-1575
cvvincent@hotmail.com

BRADY WISEMAN (D)
HD 65
3247 GARDENBROOK LN
BOZEMAN, MT 59715-0686
Home: (406)586-1815
brady@bradywiseman.com

Here are four links to data on which states currently exempt all or portions of military retirement pay.

• http://www.military.com/benefits/military-pay/retired-pay/state-retirement-income-tax
• http://usmilitary.about.com/od/taxes/l/blstatetax.htm
• http://www.cga.ct.gov/2005/rpt/2005-R-0131.htm
• http://retirementliving.com/RLtaxes.html

Hope to see at least one or two hundred of us at the meeting on the 19th.

Mike
Michael L. Hashisaki
P.O. Box 10
Plains, Montana 59859
(406)826-4447
mike@blackfoot.net

January 7, 2009

Representative Pat Ingraham is sponsoring/carrying (HB 28), which is designed to exempt military retirement pay and survivor benefits from taxation by the State of Montana. The bill will have its first committee hearing before the House Taxation Committee on Monday, January 19th in room 152.

The House Taxation Committee is chaired by Bob Lake (R) and the other members are Jill Cohenour (D) (Vice Chair), Janna Taylor (R) (Vice Chair), Dick Barrett (D), Bill Beck (R), Mark Blasdel (R), Ed Butcher (R), Wanda Grinde (D), Robin Hamilton (D), Brian Hoven (R), Mike Jopek (D), Dave McAlpin (D), Mike Miller (R), Art Noonan (D), JP Pomnichowski (D), Lee Randall (R), David Roundstone (D), Wayne Stahl (R), Charles Vincent (R), Brady Wiseman (D), and Staff Member Jeff Martin, 406-444-3595

If the schedule stands, we need to get as many people to the hearing as possible to show support for the measure - the more people the better. Please reserve time on your individual schedules so that you can make the trip to Helena to support this effort. Please wear your Legion Caps.

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