Legislature(2011 - 2012)SENATE FINANCE 532

01/20/2012 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 51 STATE VENDING LICENSES TELECONFERENCED
Heard & Held
+ SB 53 COMMISSION ON THE STATUS OF WOMEN TELECONFERENCED
Heard & Held
+ SB 103 WORKERS' COMPENSATION FOR FIREFIGHTERS TELECONFERENCED
Heard & Held
+ SB 68 COMMERCIAL FISHING & AGRICULTURE BANK TELECONFERENCED
Heard & Held
+ SB 30 RETURN OF SEIZED PROPERTY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 51                                                                                                            
                                                                                                                                
     "An Act relating to the operation of vending                                                                               
     facilities on public property."                                                                                            
                                                                                                                                
9:02:54 AM                                                                                                                    
                                                                                                                                
SENATOR  BETTYE  DAVIS,   introduced  Thomas  Obermeyer  and                                                                    
thanked the committee for the opportunity.                                                                                      
                                                                                                                                
THOMAS OBERMEYER, STAFF, SENATOR  BETTYE DAVIS, explained SB
51. He referred to the  Sponsor Statement (copy on file). He                                                                    
explained that  SB 51 would  restore to blind  persons first                                                                    
priority for  a contract  to operate  a vending  facility on                                                                    
state and other  public property. This bill  would amend 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  did  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 had 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 SB  51 recognized that  the blind                                                                    
were  dissimilarly  situated   compared  to  other  disabled                                                                    
persons who  did not  suffer the  same degree  of impairment                                                                    
and unemployment  as an economic matter.  Although the state                                                                    
had 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 would  require that it  must give                                                                    
first priority to the blind  for vending contracts on state,                                                                    
federal or other public property.                                                                                               
                                                                                                                                
Mr.  Obermeyer  reported  that  SB  51  would  comport  with                                                                    
original legislative  intent and  would give  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  had  currently  competed with  the                                                                    
blind  for   licenses  on   vending  facilities   on  public                                                                    
property.                                                                                                                       
                                                                                                                                
Mr. Obermeyer  explained that blind individuals  who receive                                                                    
Randolph-Sheppard  contracts  acted  as  managers  of  large                                                                    
vending  or cafeteria  facilities, subcontracting  with food                                                                    
service  organizations  to   provide  meals  and/or  vending                                                                    
services on  a day  to day  basis. They  could independently                                                                    
operate lobby  concession stands, or vending  machine banks.                                                                    
In October,  2009 Alaska's  Business Enterprise  Program had                                                                    
only  six  sites  operating   in  federal  facilities  under                                                                    
Randolph-Sheppard,   and  six   sites  operating   in  state                                                                    
facilities under the Chance Act.                                                                                                
                                                                                                                                
Senator Olsen wondered how many  people would be affected by                                                                    
SB  51.  Mr.  Obermeyer  replied  that he  was  told  by  an                                                                    
Anchorage  resident  that  there were  approximately  12,000                                                                    
blind people in Alaska.                                                                                                         
                                                                                                                                
Senator  Olson referred  to  a  legislative research  report                                                                    
that found that the  United States Department of Education's                                                                    
Rehabilitation Services Randolph-Sheppard  Act programs were                                                                    
often  labeled  as  business enterprises.  He  wondered  why                                                                    
Wyoming was  the only  state that  was not  participating in                                                                    
the programs.  Mr. Obermeyer  did not  know why  Wyoming was                                                                    
considered an exception.                                                                                                        
                                                                                                                                
9:07:35 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman noted  there was  a new  zero fiscal  note                                                                    
from the Department of Labor and Workforce Development.                                                                         
                                                                                                                                
LYNNE KORAL, ALASKA  INDEPENDENT BLIND (via teleconference),                                                                    
spoke in  support of SB 51.  She pointed out that  there was                                                                    
low unemployment for people  with disabilities. She stressed                                                                    
that blind people were subject  to learned helplessness, and                                                                    
did  not have  many decision-making  models. The  blind were                                                                    
subject to the butt of jokes  and are often considered to be                                                                    
the  "worthy poor."  In 1936  the Randolph-Sheppard  Act was                                                                    
initiated to address under-employment among the blind.                                                                          
                                                                                                                                
JAMES    SWARTZ,     ALASKA    INDEPENDENT     BLIND    (via                                                                    
teleconference), spoke in support of SB 51.                                                                                     
                                                                                                                                
Co-Chair Stedman  asked if there  were any  further comments                                                                    
from the bill sponsor.                                                                                                          
                                                                                                                                
Tom  Obermeyer commented  that there  were  only two  states                                                                    
that  included the  disabled in  the Randolph-Sheppard  Act:                                                                    
Georgia and Alaska. He felt  that the original intent of the                                                                    
Act was  to include  the severely  disabled for  those blind                                                                    
people  in Alaska  who were  impaired,  but considered  only                                                                    
partially blind.                                                                                                                
                                                                                                                                
SB  51  was   HEARD  and  HELD  in   Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:17:00 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:17:08 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
CSSSSB 51(L&C) Explanation of Changes.pdf..pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 America's blind unemployment 70%.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Docs-Employment Stats for Blind...AFB.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Docs-Forbes - Blind people in workplace.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 AS 23.15.010-.210 VocRehab.Vending.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Docs-Leg.Res.Blind Vendor BEP 9-27-2010.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Docs-Legal Memo -Equal protection 9-2-2010.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Docs-Lighthouse for the Blind Honored.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Docs-Unemployment. . .Reasons Dissing Blind.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Sectional 27-LS0079B 3-18-2011.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 51 Sponsor Statement Rev. 2-9-2011.pdf SFIN 1/20/2012 9:00:00 AM
SB 51
SB 53 Background Annual Repor 1990t.pdf SFIN 1/20/2012 9:00:00 AM
SB 53
SB 53 Sponsor Statement 1.pdf SFIN 1/20/2012 9:00:00 AM
SB 53
SB 103 Changes Between Versions A and M.pdf SFIN 1/20/2012 9:00:00 AM
SB 103
SB 103 Firefighter presumption - NCCI Analysis.pdf SFIN 1/20/2012 9:00:00 AM
SB 103
SB 103 Worker's Compensation Board Resolution.pdf SFIN 1/20/2012 9:00:00 AM
SB 103
SB 153 Letter of Support.pdf SFIN 1/20/2012 9:00:00 AM
SB103 Sponsor Statement.pdf SFIN 1/20/2012 9:00:00 AM
SB 103
SB 30 - Background Information.pdf SFIN 1/20/2012 9:00:00 AM
SB 30
SB 30 - Explanation of Changes.pdf HJUD 2/13/2012 1:00:00 PM
SFIN 1/20/2012 9:00:00 AM
SB 30
SB 30 - Letter of Support Alaska Homebuilers.pdf HJUD 2/13/2012 1:00:00 PM
SFIN 1/20/2012 9:00:00 AM
SB 30
SB 30 - Letter of Support Nat'l Federation of Indep. Business.pdf HJUD 2/13/2012 1:00:00 PM
SFIN 1/20/2012 9:00:00 AM
SB 30
SB 30 - Section Analysis.pdf SFIN 1/20/2012 9:00:00 AM
SB 30
SB 30 - Sponsor Statement.pdf SFIN 1/20/2012 9:00:00 AM
SB 30
SB 103 WCCW Opposition Letter.pdf SFIN 1/20/2012 9:00:00 AM
SB 103
SB 53 Girl Scouts Letter.doc SFIN 1/20/2012 9:00:00 AM
SB 53
SB 103 APEI Letter.docx SFIN 1/20/2012 9:00:00 AM
SB 103
SB 103 FF 1 in AK 2008.pdf SFIN 1/20/2012 9:00:00 AM
SB 103
SB 53 Opposition Letter-Grimwood.docx SFIN 1/20/2012 9:00:00 AM
SB 53