Legislature(2011 - 2012)BARNES 124

04/09/2012 03:15 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 326 CHILD-ONLY HEALTH CARE COVERAGE TELECONFERENCED
Heard & Held
+= HB 202 SALES OF FOOD BY PRODUCERS TO CONSUMERS TELECONFERENCED
Heard & Held
+= HB 259 PHARMACY AUDITS TELECONFERENCED
Heard & Held
+= HB 266 PRACTICE OF NATUROPATHY TELECONFERENCED
Scheduled But Not Heard
+= SB 122 REAL ESTATE TRANSFER FEES/TITLE INSURANCE TELECONFERENCED
Moved HCS CSSB 122(L&C) Out of Committee
+ SB 51 STATE VENDING LICENSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SB 51-STATE VENDING LICENSES                                                                              
                                                                                                                                
4:17:03 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
the CS  FOR SPONSOR SUBSTITUTE  FOR SENATE BILL NO.  51(L&C), "An                                                               
Act relating  to the  operation of  vending facilities  on public                                                               
property."                                                                                                                      
                                                                                                                                
4:17:26 PM                                                                                                                    
                                                                                                                                
TOM  OBERMEYER,   Staff,  Senator  Bettye  Davis,   Alaska  State                                                               
Legislature, explained  the changes in  the bill that  passed the                                                               
Senate,  labeled 27-LS0079\I,  from the  sponsor substitute.   He                                                               
stated  the   sponsor  originally  asked  to   insert  additional                                                               
properties  available  to  the  blind  in SB  51  to  change  the                                                               
definition of  property to include school  property and municipal                                                               
property so  that vending facilities  would be available  to more                                                               
people;  however,  it  was   determined  after  discussions  with                                                               
schools and municipal  entities that would not be  feasible.  The                                                               
sponsor created a sponsor substitute  to remove the language.  He                                                               
explained that the  bill would pertain to  six federal properties                                                               
under  the  Randolph-Sheppard Act  and  to  six state  properties                                                               
under the Chance Act of 1976.                                                                                                   
                                                                                                                                
4:18:58 PM                                                                                                                    
                                                                                                                                
MR. OBERMEYER  read the sponsor  statement, as  follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     SB 51  restores to blind  persons first priority  for a                                                                    
     contract  to operate  a vending  facility on  state and                                                                    
     other  public property.   This  bill amends  the Alaska                                                                    
     Chance Act of  1976 to require that  the state Division                                                                    
     of   Vocational   Rehabilitation  Business   Enterprise                                                                    
     Program provide  the same first  priority to  the blind                                                                    
     on  state  and other  public  property  as it  does  on                                                                    
     federal property  enforced under  the Randolph-Sheppard                                                                    
     Act of 1936.  The Alaska  Chance Act for the first time                                                                    
     added  disabled persons  in addition  to  the blind  in                                                                    
     preference for  vending licenses on  public facilities.                                                                    
     This   loss  of   first  priority   and  expansion   of                                                                    
     beneficiaries  has thwarted  the spirit  and letter  of                                                                    
     the Randolph-Sheppard  Act.  The resulting  decrease in                                                                    
     vending  opportunities for  blind  merchants in  Alaska                                                                    
     exacerbated   their    already   extraordinarily   high                                                                    
     unemployment rates  among all  types and  severities of                                                                    
     the disabled and the population in general.                                                                                
                                                                                                                                
MR. OBERMEYER stated that this bill shows there are few                                                                         
opportunities in the state for blind or disabled persons.                                                                       
                                                                                                                                
4:20:27 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON stated that Senator Davis has joined the                                                                            
meeting.                                                                                                                        
                                                                                                                                
4:20:39 PM                                                                                                                    
                                                                                                                                
MR. OBERMEYER stated  the total number of blind in  the state may                                                               
range  upwards  to approximately  1,200.    He related  that  9.3                                                               
million visually-impaired  people live  in the  U.S.   The recent                                                               
U.S. Census  asked whether  disabled or  blind persons  reside in                                                               
the family, but  the census question did  not distinguish between                                                               
blind and disabled.                                                                                                             
                                                                                                                                
4:21:52 PM                                                                                                                    
                                                                                                                                
MR. OBERMEYER continued to read the sponsor statement, as                                                                       
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     SB  51  recognizes  that  the  blind  are  dissimilarly                                                                    
     situated compared to other disabled  persons who do not                                                                    
     suffer the  same degree of impairment  and unemployment                                                                    
     as  an  economic  matter.     Although  the  State  has                                                                    
     combined  management  and  training  opportunities  for                                                                    
     both  the blind  and  other  persons with  disabilities                                                                    
     under one  Business Enterprise Program of  the Division                                                                    
     of Vocational  Rehabilitation, this bill  requires that                                                                    
     it must  give first priority  to the blind  for vending                                                                    
     contracts on state, federal or other public property.                                                                      
                                                                                                                                
     SB  51 comports  with original  legislative intent  and                                                                    
     gives  first priority  to the  blind  imposed under  AS                                                                    
     23.15.100  prior  to changes  in  1974  and 2006  which                                                                    
     added    persons   with    disabilities   and    severe                                                                    
     disabilities who  currently compete with the  blind for                                                                    
     licenses on vending facilities on  public property.  It                                                                    
     requires that  the Division attempt to  find and notify                                                                    
     blind persons  of vending  opportunities as  they arise                                                                    
     on  public  property.    These  public  properties  may                                                                    
     include  among  others  court houses,  military  bases,                                                                    
      state and federal office buildings, and other public                                                                      
     properties.                                                                                                                
                                                                                                                                
4:22:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether there  are  an  estimated                                                               
12,000 blind or visually impaired individuals in the state.                                                                     
                                                                                                                                
MR. OBERMEYER  answered he  assumed the  figures referred  to the                                                               
visually  impaired,   noting  there   are  different   levels  of                                                               
impairment for the blind and visually impaired.                                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for  the numbers  of the  severely                                                               
disabled people living in Alaska.                                                                                               
                                                                                                                                
MR. OBERMEYER answered that he did not have the figures.                                                                        
                                                                                                                                
4:23:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  the severely disabled would                                                               
be barred from obtaining contracts.                                                                                             
                                                                                                                                
MR.  OBERMEYER  related  his  understanding  they  would  not  be                                                               
barred.   He explained that  the Business Enterprise  program was                                                               
designed specifically to assist them.   He further suggested that                                                               
some procedures  exist for the  disabled to temporarily  take the                                                               
place  of a  blind person  in the  event a  blind person  was not                                                               
available,  which  may  result in  long-term  positions  for  the                                                               
disabled.  He  pointed out that training is an  important part of                                                               
the process.                                                                                                                    
                                                                                                                                
4:24:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER related  his  understanding the  disabled                                                               
person might be able to take up the jobs.                                                                                       
                                                                                                                                
MR.  OBERMEYER related  his understanding,  but  deferred to  the                                                               
department or the bill drafter.                                                                                                 
                                                                                                                                
4:24:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  this bill would require the                                                               
severely disabled  to give  up contracts.   He further  asked for                                                               
the impact on the severely disabled.                                                                                            
                                                                                                                                
MR.  OBERMEYER  related  his  understanding  that  everyone  with                                                               
existing  contracts would  be grandfathered  into  the long  term                                                               
project  process.   He characterized  the long-term  contracts as                                                               
essentially  licenses  since  the  contracts  are  indefinite  in                                                               
duration.  He  did not envision any threat to  current holders of                                                               
the  vendor licenses.   He  pointed  to Section  3, AS  23.15.133                                                               
allows the  agency to  contract persons  who are  not blind.   He                                                               
referred to  subsection (d), when  there is a vacancy  occurs the                                                               
agency will  attempt to contact a  blind person.  He  deferred to                                                               
the bill drafter  to indicate if any prohibitions  from the blind                                                               
not  only   taking  disabled  or   other  contracts   for  remote                                                               
locations.   He provided  an example; noting  that a  facility in                                                               
Kodiak  could  not  obtain  training   for  the  vendor  for  the                                                               
facility.                                                                                                                       
                                                                                                                                
4:26:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked in instances  in which there are not                                                               
visually  impaired   or  disabled  people  with   first  priority                                                               
available to take  the contract, whether any  provision exists to                                                               
contract  out or  if people  could be  hired on  behalf of  blind                                                               
person.                                                                                                                         
                                                                                                                                
MR. OBERMEYER offered his belief that  it is possible and in some                                                               
cases it is  almost imperative, such as an instance  in which the                                                               
facility has a large cafeteria so  the vendor must hire others to                                                               
assist them.                                                                                                                    
                                                                                                                                
4:27:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether  this pertains not  just to                                                               
operate   the  facilities   but  to   contract  to   operate  the                                                               
facilities.                                                                                                                     
                                                                                                                                
MR. OBERMEYER deferred  to the department to answer.   He related                                                               
his understanding some concern arose  over the term contract, but                                                               
that a  contract is issued on  a temporary basis to  try to place                                                               
people;  however  operating  agreements/contracts are  used  even                                                               
with  long-term   licenses,  but   again,  he  deferred   to  the                                                               
department.                                                                                                                     
                                                                                                                                
4:27:32 PM                                                                                                                    
                                                                                                                                
MR.  OBERMEYER  referred to  the  bill  that passed  the  Senate,                                                               
Version I.   He reviewed the sectional analysis of  the bill.  He                                                               
stated that Section 1 amends  a provision dealing with powers and                                                               
duties of  the Division of  Vocational Rehabilitation (DVR).   It                                                               
removes references  to persons with severe  disabilities from the                                                               
provisions dealing  with the operation  of vending  facilities on                                                               
public property.  He stated that  Section 2 directs the agency to                                                               
issue  a  license for  the  operation  of vending  facilities  on                                                               
public  property  to blind  persons  who  meet certain  criteria,                                                               
including  criteria  established  by   agency  regulations.    It                                                               
requires these  regulations to provide  blind persons  with first                                                               
priority for a  contract to operate a vending  facility on public                                                               
property.                                                                                                                       
                                                                                                                                
4:28:21 PM                                                                                                                    
                                                                                                                                
MR. OBERMEYER  detailed that  Section 3  adds new  subsections to                                                               
the section  on the issuance  of licenses for  vending facilities                                                               
on  public property.   He  stated that  proposed AS  23.15.133(c)                                                               
should allow  the agency  to contract  with a  person who  is not                                                               
blind to operate  a vending facility until the  agency can locate                                                               
a blind  person who  qualifies to  operate the  vending facility.                                                               
He detailed that proposed AS  23.15.133 (d) indicates that when a                                                               
vacancy in the operation of  a vending facility on state property                                                               
the agency must  attempt to contact blind  persons directly about                                                               
operating  the vending  facility.   This  proposed section  would                                                               
also  direct the  agency to  work with  private organizations  to                                                               
contact blind persons.  This  requirement is in addition to other                                                               
procurement  requirements  of  AS 36.30,  the  state  procurement                                                               
code.  He clarified that news  advertising is not sufficient.  He                                                               
reported that  proposed AS  23.15.133 (e)  allows a  blind person                                                               
operating a vending facility to  operate another vending facility                                                               
if the  agency cannot find  a blind  person to operate  the other                                                               
vending  facility.    He  recapped  that it  would  allow  for  a                                                               
multiple vending contract for an individual.                                                                                    
                                                                                                                                
4:29:32 PM                                                                                                                    
                                                                                                                                
MR. OBERMEYER  referred to Section  4, which deletes  a reference                                                               
to persons with severe disabilities  from a provision relating to                                                               
hearings  on agency  actions that  relate to  vending facilities.                                                               
Section 5 would amend the  definition of "licensee" to remove the                                                               
reference to  a person with  severe disability.  Section  6 would                                                               
repeal  a  section relating  to  vending  facilities operated  by                                                               
persons with severe  disabilities.  Section 7  indicates that the                                                               
act  applies  to vending  facility  licenses  issued and  vending                                                               
facility contracts entered into, on,  or after the effective date                                                               
of the  bill.  Section  8 states that the  act does not  affect a                                                               
contract  entered into  before  the effective  date  of the  act,                                                               
which answers  the question of   whether licensees would  be have                                                               
grandfather rights.                                                                                                             
                                                                                                                                
4:30:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked whether this  would add work for the                                                               
department since they would not use the regular notice process.                                                                 
                                                                                                                                
MR. OBERMEYER deferred to the department to answer.                                                                             
                                                                                                                                
4:31:11 PM                                                                                                                    
                                                                                                                                
LOREN KEMPTON, Project Manager,  Inspirational Action, Inc. (IAI)                                                               
stated that  Inspirational Action,  Inc. is  a nonprofit  to help                                                               
developmentally disabled  people obtain  contracts by  offering a                                                               
training program.  She expressed  the IAI concerns that by taking                                                               
out language  geared to the  disabled strips their program.   She                                                               
highlighted that IAI  is not asking for priority  over the blind,                                                               
but  does  not  want  to  lose  the  job  opportunities  for  the                                                               
developmentally disabled.   She related the  progress people have                                                               
made by the time the  training is completed, including that after                                                               
training  they could  take  contracts and  provide  a living  for                                                               
themselves  instead  of  having  to rely  on  public  assistance,                                                               
Supplemental Security  Income (SSI),  or becoming homeless.   She                                                               
estimated  that  65  percent  of  the  homeless  have  mental  or                                                               
physical disabilities that  prevent them from working.   She said                                                               
the IAA helps people overcome these hurdles.                                                                                    
                                                                                                                                
4:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON thanked her  for the service she provides.                                                               
He  asked whether  this bill  would hinder  the IAI's  ability to                                                               
secure  contracts  if  the  developmentally  disabled  are  given                                                               
second priority.                                                                                                                
                                                                                                                                
MS.  KEMPTON  answered  that  the  developmentally  disabled  are                                                               
already given second priority, which  is not the issue since they                                                               
are able to  reach out and assist people.   She explained the IAI                                                               
does not want to lose "what little bit we do have."                                                                             
                                                                                                                                
4:33:43 PM                                                                                                                    
                                                                                                                                
SHERRYLYN MORELL,  Assistant Manager, Inspirational  Action, Inc.                                                               
stated that  she has had the  pleasure to work with  the Division                                                               
of  Vocational  Rehabilitation  (DVR)   to  train  people.    She                                                               
understood the  point to  give priority  vendor contracts  to the                                                               
blind.  She agrees with Ms.  Kempton's testimony.  She has worked                                                               
with several  people and  she has  learned as  much from  them as                                                               
they have from her.                                                                                                             
                                                                                                                                
4:35:02 PM                                                                                                                    
                                                                                                                                
GARY JAMES, Employee, stated that he  is employed by IAI.  He got                                                               
the job through DVR.                                                                                                            
                                                                                                                                
REPRESENTATIVE MILLER thanked  him for testifying.   He asked him                                                               
how long he has been part of the program.                                                                                       
                                                                                                                                
MR. JAMES answered he has been part of the team since October.                                                                  
                                                                                                                                
REPRESENTATIVE  MILLER related  his understanding  that currently                                                               
without  the  bill  the   developmentally  disabled  or  disabled                                                               
persons  have  more  of  an   equal  footing  with  the  visually                                                               
impaired.                                                                                                                       
                                                                                                                                
MS. MORELL  stated that she  understood that the  program already                                                               
gave a  priority to the blind  with a secondary priority  for the                                                               
disabled  persons.   She  explained  that  the bill  removes  any                                                               
reference to disabled persons.                                                                                                  
                                                                                                                                
4:37:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER asked  for  the types  of disabilities  of                                                               
those employed.                                                                                                                 
                                                                                                                                
MS. MORELL answered  that IAI works with all disabled  as long as                                                               
it  has been  determined it  is  safe for  them to  work in  food                                                               
operations.   She related that  in her experience she  has mainly                                                               
worked with  people with  mild mental  disabilities, but  the IAI                                                               
can work with people who have physical disabilities.                                                                            
                                                                                                                                
4:37:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES asked whether Mr. James likes his job.                                                                    
                                                                                                                                
MR. JAMES answered yes.                                                                                                         
                                                                                                                                
REPRESENTATIVE HOLMES asked what his job duties entail.                                                                         
                                                                                                                                
MR. JAMES  answered that he  is a  back-up cook and  operates the                                                               
register.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  HOLMES asked  whether he  was trained  by IAI  to                                                               
perform his duties                                                                                                              
                                                                                                                                
MR. JAMES answered yes.                                                                                                         
                                                                                                                                
4:38:10 PM                                                                                                                    
                                                                                                                                
CHERYL  WALSH, Director,  Division  of Vocational  Rehabilitation                                                               
(DVR), Department of Labor &  Workforce Development (DLWD), asked                                                               
to address concerns  the division has with SB 51.   She explained                                                               
that  13  business  enterprise  sites  exist  within  the  state,                                                               
including one in Juneau at the  State Office Building.  This bill                                                               
would direct  the division  to work  with a  private organization                                                               
that specializes  in the  employment of  blind people  to contact                                                               
them about business enterprise program  (BEP) openings.  She said                                                               
she  was unsure  which  private organization  specializes in  the                                                               
employment for the blind.  Thus  it is difficult for the division                                                               
to  determine  associated costs  since  the  organization is  not                                                               
identified  in the  bill.   She emphasized  that the  DVR is  the                                                               
organization  that specializes  in the  employment of  people who                                                               
are blind.                                                                                                                      
                                                                                                                                
4:39:44 PM                                                                                                                    
                                                                                                                                
MS. WALSH stated it is also  unclear whether the passage of SB 51                                                               
would allow  the division to combine  its two programs.   The DVR                                                               
has  a separate  program  for  state sites  and  one for  federal                                                               
sites.  These  program divisions are necessary  since the program                                                               
includes  people   with  severe  disabilities  at   state  sites.                                                               
Therefore federal  dollars cannot  be used on  state sites.   She                                                               
stated that a person with  a severe disability currently works on                                                               
a state  site.   That individual holds  an indefinite  license to                                                               
the site and would be grandfathered  in.  She said she was unsure                                                               
if  the division  can  divide  or combine  the  programs and  the                                                               
funding mechanism for the position or associated benefits.                                                                      
                                                                                                                                
MS. WALSH explained  that licenses are granted  for an indefinite                                                               
period of time.   She was also unsure when  the person may choose                                                               
to  retire, noting  the  DVR can  only remove  a  person if  they                                                               
terminate  voluntarily   or  for  cause,  which   is  defined  in                                                               
regulation.                                                                                                                     
                                                                                                                                
4:41:16 PM                                                                                                                    
                                                                                                                                
MS. WALSH  expressed other concerns.   She  stated that SB  51 is                                                               
unclear  as to  whether  it is  establishing  first priority  for                                                               
blind  persons for  all  BEP contracts  or if  it  is limited  to                                                               
temporary contracts,  which could  impede the  division's ability                                                               
to  manage the  program.   She related  that the  division issues                                                               
temporary  contracts  to  industry  or  subject  matter  experts,                                                               
particularly if  a feasibility study needs  to be done on  a site                                                               
to determine  viability.   Additionally, feasibility  studies are                                                               
done if  the DVR  is considering  a site as  a training  site, in                                                               
which the  division would bring  in an industry expert  on coffee                                                               
carts  or for  other specific  training.   She expressed  concern                                                               
that  a blind  person  may not  have the  expertise  to meet  the                                                               
business or programmatic  needs of the temporary  contracts.  She                                                               
stated that  the division believes  the first priority  should be                                                               
limited to  the permanent  assignment or  licensing of  a vending                                                               
facility and not to temporary contracts.   The bill would allow a                                                               
blind  individual  to operate  another  facility  even if  he/she                                                               
already is  permanently assigned  to a  facility if  the division                                                               
cannot locate an  individual.  She pointed out  that blindness is                                                               
a low  incidence disability  so it is  possible the  division may                                                               
have an opportunity  to open a new site or  a vacancy could occur                                                               
at a time  without a current trained blind  person to immediately                                                               
assume the  contract or  facility.  She  further stated  that the                                                               
bill is unclear  as to the length of time  the division must keep                                                               
the  contract open.    Further  once the  site  is  offered to  a                                                               
permanent  vendor  the  site  is  locked  up  permanently.    She                                                               
expressed  concern  this  may  lead  to  future  lawsuits.    She                                                               
indicated  it  was  also  unclear  how  many  sites  a  currently                                                               
licensed  individual  would  be  allowed  to  have  since  people                                                               
advance in  the system based  on seniority and experience.   This                                                               
could lead to  people taking over multiple  sites and diminishing                                                               
the number of  sites available to others entering  the program or                                                               
for transfer or promotional opportunities for others.                                                                           
                                                                                                                                
4:44:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked what happened  to the coffee cart in                                                               
the entry way at the State Office Building.                                                                                     
                                                                                                                                
MS. WALSH said she was not sure.                                                                                                
                                                                                                                                
4:44:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether  costs would  be associated                                                               
with any outreach.                                                                                                              
                                                                                                                                
MS.  WALSH answered  that she  was not  certain who  the outreach                                                               
would be  directed at and  the need for  it.  She  explained that                                                               
currently all  the individuals  in the  program are  certified by                                                               
the  DVR.   They  apply  with  the  client services  program  and                                                               
identify a goal to become a  dining facility manager or snack bar                                                               
manager and  the division writes  a plan.   She related  that the                                                               
division is aware of the  certified managers and have a committee                                                               
of blind  vendors the  division works with  who represent  all of                                                               
the current  vendors.  She said  she was certain that  anyone who                                                               
moved to Alaska  who had been certified from  another state would                                                               
contact them about participating in the DVR's program.                                                                          
                                                                                                                                
4:45:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER asked for the length of the training.                                                                     
                                                                                                                                
MS. WALSH answered  that the initial training is  for six months,                                                               
which involves some  testing and job shadowing.   She stated that                                                               
they  provide a  $500 training  stipend for  continuing education                                                               
(CE).   Additionally, the  blind vendors  hold an  annual meeting                                                               
with training  provided by  industry experts.   She  attended one                                                               
last year that  showcased a variety of foods vendors  may wish to                                                               
add to their menus.                                                                                                             
                                                                                                                                
4:46:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER asked for an  estimate of the number of the                                                               
blind as compared to all other divisions.                                                                                       
                                                                                                                                
MS. WALSH  referred to a chart  that indicated the DVR  placed 29                                                               
individuals who were  blind in other occupations  outside the BEP                                                               
sites within  the past two years,  plus the 13 facilities,  10 of                                                               
which are operated by blind  individuals.  She explained that the                                                               
blind  is a  lower  incidence disability  and  that the  division                                                               
worked  with  2,500  cases  of people  with  disabilities.    She                                                               
estimated less than five percent of  the cases would be for blind                                                               
individuals.                                                                                                                    
                                                                                                                                
4:47:53 PM                                                                                                                    
                                                                                                                                
RICK  RENAUD,  Chief  Executive  Officer,  Pentagon  North,  Inc.                                                               
(PNI);,  Chief  Executive   Officer,  Inspirational  Action  Inc.                                                               
(IAI), stated  that IAI is  a 501 (c)(3)  nonprofit organization.                                                               
He  said  he is  also  a  BPE vendor.    He  explained that  both                                                               
organizations  provide   food  service   to  state   and  federal                                                               
facilities and  employment training to people  with disabilities.                                                               
He referred to  the sponsor statement for SB  51, which indicates                                                               
a loss of  employment and priority for persons  with blindness to                                                               
hold and  operate vending  facilities on  state and  other public                                                               
properties.   He refutes this  document on the basis  that people                                                               
like him  with severe disabilities  are involved in  the decrease                                                               
of  vending  and employment  opportunities  on  state and  public                                                               
properties  including court  houses, military  bases, and  office                                                               
buildings.    He  explained  that disabled  people  will  make  a                                                               
difference  with respect  to employment  of the  blind.   He took                                                               
issue with the  first statement of the  sponsor's statement which                                                               
states that that  SB 51 restores to blind  persons first priority                                                               
for a contract  to operate a vending facility on  state and other                                                               
public property.   He said it  is impossible to restore  what was                                                               
never taken  away in the first  place.  The Alaska  Chance Act of                                                               
1976 and  its related  programs has  had clear  clauses regarding                                                               
first priority for the blind  which still holds true according to                                                               
AS 23.15.210, and Ms. Walsh's testimony.                                                                                        
                                                                                                                                
4:50:53 PM                                                                                                                    
                                                                                                                                
MR. RENAUD  emphasized that  the act does  not indicate  that the                                                               
blind do not  have priority for vending  contracts.  Furthermore,                                                               
he argued  against the implication  that the inclusion  of people                                                               
severe disabilities in the Chance  Act has hindered opportunities                                                               
for  the blind  to  gain  vending contracts  or  employment.   He                                                               
pointed  out  that the  blind  vendors'  committee removed  three                                                               
federal facilities  from their program.   Additionally, two other                                                               
state facilities have remained vacant  for over two years because                                                               
there has  been no success  in finding qualified  blind merchants                                                               
to occupy  the spaces.  He  emphasized that it is  not that there                                                               
is a  lack of opportunities  since they  have been taken  over by                                                               
vendors with  other disabilities,  but rather that  blind vendors                                                               
and associated  programs have been giving  up these opportunities                                                               
and have  not taken advantage of  them.  He highlighted  that the                                                               
lack of  employment among  the blind  has little  to do  with the                                                               
disabled and  has more  to do  with the  blind vendors  and their                                                               
associated  programs.   He  indicated  that if  there  is a  real                                                               
difference in  employment rates that  more needs to be  done from                                                               
within.   He  acknowledged  that  there is  indeed  a problem  of                                                               
extreme  high unemployment  rates  among persons  who are  blind.                                                               
According to  a report of  federal programs for  unemployment for                                                               
persons with disabilities, in 2004,  337 blind workers were hired                                                               
out  of 2,681  licensed BPE  vendors and  even less  workers with                                                               
disabilities; however,  the number  of workers hired  without any                                                               
disabilities  was  6,607.   Therefore  in  order to  create  more                                                               
employment opportunities blind vendors  and programs need to hire                                                               
and train  more people who are  blind.  He concluded  by pointing                                                               
out that  the problem is  not expanding opportunities  of vending                                                               
locations for  the blind  by taking  away the  opportunities made                                                               
available  to   the  severely  disabled,  but   finding  trained,                                                               
experienced blind vendors who are  willing to fill the positions.                                                               
He concluded that it shouldn't be  the fault of people with other                                                               
types  of disabilities  with qualifications,  but  rather on  the                                                               
programs to train and prepare the blind.                                                                                        
                                                                                                                                
4:53:55 PM                                                                                                                    
                                                                                                                                
CAROL  RENAUD   stated  that   she  is   a  person   with  severe                                                               
disabilities.   She said that  if the legislature takes  away the                                                               
program that it will not be available  when she may need it.  She                                                               
might be  forced to go  on welfare  or apply for  social security                                                               
benefits (SSI).   She  related that she  can currently  work part                                                               
time.                                                                                                                           
                                                                                                                                
4:55:04 PM                                                                                                                    
                                                                                                                                
LYNNE KORAL,  testifying on  behalf of  herself, stated  that she                                                               
has been blind her  whole life.  She stated that  she was told in                                                               
middle school  that she might  not find a job  as an adult.   She                                                               
surmised that people with other  disabilities do not hear similar                                                               
statements.   She offered her  belief that blind people  are seen                                                               
as  the  most  feared  and   abhorred  disability  in  the  U.S.,                                                               
including  cancer  and aids  victims.    She  said she  olds  two                                                               
college masters'  degrees and people  are not willing to  see the                                                               
capabilities of blind  people.  She stated that  this program was                                                               
established  in 1936  since blind  people were  not able  to find                                                               
employment.  She  recalled a blind man holding  a masters' degree                                                               
who  committed suicide  because he  could not  find a  job.   She                                                               
emphasized   that   this   program   was   not   established   to                                                               
disenfranchise  other disabled  people,  but was  set  up by  the                                                               
federal government to help those  who are blind to attain gainful                                                               
employment.                                                                                                                     
                                                                                                                                
4:57:20 PM                                                                                                                    
                                                                                                                                
MS.  KORAL  stated  that  blind   and  disabled  people  want  an                                                               
opportunity for  a chance  at upward mobility.   She  stated that                                                               
blind  people have  a  disability that  affects  more than  their                                                               
mobility, daily  living and communication.   She  reiterated that                                                               
the public have  a hard time understanding blind  people can hold                                                               
jobs and use specific technology and  fear blind people.  She has                                                               
been  told blind  people can't  be trained  well.   She explained                                                               
that most  people in the  vending programs are  visually impaired                                                               
and  not totally  blind.   She  recalled people  telling her  she                                                               
should have a realistic  goal.  She said she is  not a vendor and                                                               
does not want to  be one, but she thinks that  some of the issues                                                               
many blind  people have  are related to  their inability  to find                                                               
jobs and  their lower standard  of living.   She pointed  out the                                                               
blind  are  treated  by stereotypes,  including  that  the  blind                                                               
cannot  hold high-paying  decent jobs.   She  offered her  belief                                                               
that if she  was not blind she  would be paid five  times as much                                                               
as she has  been able to earn.   She suggested that  this bill is                                                               
not about parity  since the Chance Act of  1936 specifically gave                                                               
blind people a hand  up not a hand out.   She emphasized that the                                                               
blind need to continue to have  the first priority, which has not                                                               
been adhered  to or  implemented by  the DVR.   She said  she has                                                               
degree  in   public  administration   and  social  work   so  she                                                               
understands the legislative process and political implications.                                                                 
                                                                                                                                
5:00:26 PM                                                                                                                    
                                                                                                                                
MS.  KORAL  recalled  some  2001  figures for  the  blind.    She                                                               
indicated that  the appropriate organization, the  nonprofit that                                                               
would help  with employment  would be the  Alaska Center  for the                                                               
Blind  and Visually  Impaired, which  would be  at least  as well                                                               
equipped to  train people as  the DVR  to help certify  and train                                                               
the blind.   She  characterized this bill  as smoke  and mirrors.                                                               
She asked to  get the facts on table and  stop treating the blind                                                               
as people who cannot be trained.                                                                                                
                                                                                                                                
5:01:23 PM                                                                                                                    
                                                                                                                                
RICHARD GARDENHIRE,  President, Alaska Independent  Blind, stated                                                               
the Alaska Independent Blind is  a consumer organization of blind                                                               
and  visually-impaired  people.   He  said  he  does not  have  a                                                               
prepared statement.  He  asked to speak in support of  SB 51.  He                                                               
related  that  like  Ms.  Koral,  he is  not  a  vendor,  but  is                                                               
employable.  He stated that several  years ago he went to the DVR                                                               
to  apply for  small  business  loan.   He  offered  that he  had                                                               
blueprints  and   projected  revenues.    He   related  that  the                                                               
counselor  said he/she  was sorry  and could  not help  him.   He                                                               
found that response to be discouraging  since he was a DVR client                                                               
who wanted  to apply  for a  small business  loan.   He indicated                                                               
that  he did  not  necessarily  need financial  help  as help  to                                                               
figure  out how  to buy  and purchase  equipment.   He emphasized                                                               
that time after  time the DVR has violated the  state statutes by                                                               
not  giving  blind  people  the priority  to  operate  the  state                                                               
vending stands.   He concluded that he is speaking  in support of                                                               
the  bill since  the bill  will  clarify and  better define  what                                                               
first priority means.                                                                                                           
                                                                                                                                
5:05:23 PM                                                                                                                    
                                                                                                                                
JIM  SWARTZ,   Alaska  Independent  Blind,  stated   that  he  is                                                               
currently a  BEP vendor.   He said  that he previously  worked as                                                               
the DVR's  BEP Director from 1992-1995.   He stated that  the DVR                                                               
trains   and   places   hundreds    of   people   in   employment                                                               
opportunities.   He highlighted  that BEP is  unique in  that the                                                               
program was developed specifically for  the blind and provides an                                                               
employment  opportunity.   He  emphasized  that  since he  is  an                                                               
entrepreneur  as are  all the  vendors within  the program  since                                                               
they own  their own  businesses.   He said  that he  owns Jimmy's                                                               
Espresso stand  located in  the Alaska  Native Medical  Center in                                                               
Anchorage.   He employs six  people, two  of whom are  blind, and                                                               
one is  deaf.   In 2006, he  applied for a  vending stand  in the                                                               
court  house and  as a  blind person  should have  received first                                                               
priority.   However,  he was  denied the  opportunity and  it was                                                               
given  to a  non-blind person.    He related  that the  non-blind                                                               
person today  is the CEO  of two corporations; however,  he still                                                               
retains the  facility denying  a blind  person of  the employment                                                               
opportunity even though  it is very clear that  the person should                                                               
not have  been awarded as  vendor.  He  urged members to  pass SB
51, since it does not  deny anyone an employment opportunity, but                                                               
just protects  the right  of the blind  and their  first priority                                                               
for vendor jobs.   He noted that he operated  the coffee stand at                                                               
the Juneau State Office Building.                                                                                               
                                                                                                                                
5:08:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked what happened to the stand.                                                                        
                                                                                                                                
MR.  SWARTZ  offered  his  belief that  the  DVR  mismanaged  the                                                               
facility and did not place a qualified vendor in the facility.                                                                  
                                                                                                                                
5:09:01 PM                                                                                                                    
                                                                                                                                
SENATOR DAVIS stated there is a  real need for this bill, but she                                                               
is not  ready to  move SB 51  forward in its  present form.   She                                                               
noted that  the bill is not  ready.  She expressed  concern about                                                               
the direction  that the DVR  is moving in  and she would  like to                                                               
ask  for an  audit  at  some point  to  investigate  some of  the                                                               
situations  raised by  the blind,  including that  they were  not                                                               
given priority  for jobs.   She also expressed concern  about the                                                               
training  they provide  and the  need to  improve services.   She                                                               
informed  the committee  she would  be withdrawing  her bill  and                                                               
would not request another hearing.                                                                                              
                                                                                                                                
CHAIR  OLSON  commended  Senator  Davis  for  bringing  the  bill                                                               
forward.    He advised  the  committee  that  the bill  would  be                                                               
tabled.                                                                                                                         
                                                                                                                                
[SB 51 was tabled.]                                                                                                             

Document Name Date/Time Subjects
HB259 Opposing Documents-Email Fred Brown 4-6-12.pdf HL&C 4/9/2012 3:15:00 PM
HB 259
HB259 Draft Proposed CS ver E.PDF HL&C 4/9/2012 3:15:00 PM
HB 259
CSSSSB51 ver I.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Fiscal Note-DLWD DVR 12-29-2011.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Sectional Summary.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Sponsor Statement.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Explanation of Changes in Version I.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Lighthouse for the Blind.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Article AFB CareerConnect - Employment Stats for Blind...AFB.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Article Braille Monitor - Blind Unemployment. . .Reasons Dissing Blind.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Article Forbes Magazine - Blind in the Workplace.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Email Response to DOLWD letter dated 2-16-12.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Legal Memo-Equal protection 9-2-10.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Supporting Documents-Legislative Research BEP 9-27-10.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Opposing Documents-Legal Memo-Applicability to certain contracts 3-26-12.PDF HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Letter-Disability Law Center of Alaska 4-9-12.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Opposing Documents-Letter DLWD 2-16-12.pdf HL&C 4/9/2012 3:15:00 PM
SB 51
SB51 Opposing Documents-Letter Rick Renaud 3-1-12.PDF HL&C 4/9/2012 3:15:00 PM
SB 51
HB202 Supporting Documents Illinois Local & Organic Food & Farm Task Force.pdf HL&C 4/9/2012 3:15:00 PM
HB 202
HB202 Supporting Documents-2011 Alaska Farmers' Market Schedule.pdf HL&C 4/9/2012 3:15:00 PM
HB 202