02/11/2013 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB39 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 39 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 11, 2013
1:32 p.m.
MEMBERS PRESENT
Senator Bert Stedman, Chair
Senator Peter Micciche, Vice Chair
Senator Kevin Meyer
Senator Pete Kelly
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 39
"An Act changing the terms 'mental retardation' and 'mentally
retarded,' and making conforming changes, in Alaska Statutes."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 39
SHORT TITLE: STATUTORY REFS TO MENTAL RETARDATION
SPONSOR(s): SENATOR(s) MEYER
01/28/13 (S) READ THE FIRST TIME - REFERRALS
01/28/13 (S) HSS
02/11/13 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
EDRA MORLEDGE, staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on behalf of Senator
Meyer, sponsor of SB 39.
MILLIE RYAN, Executive Director
REACH, Inc.
Juneau, Alaska
POSITION STATEMENT: Testified in favor of SB 39.
CHRISTOPHER BRENNER, Advocate
REACH, Inc.
Juneau, Alaska
POSITION STATEMENT: Testified in favor of SB 39.
KIM CHAMPNEY, President
Alaska Association of Developmental Disability (AADD)
Juneau, Alaska
POSITION STATEMENT: Testified in favor of SB 39.
RIC NELSON, Vice Chair
Governor's Council on Disabilities and Special Education
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of SB 39.
ERIC GEBHART, Chair
Governor's Council on Disabilities and Special Education
Nenana, Alaska
POSITION STATEMENT: Testified in favor of SB 39.
ACTION NARRATIVE
1:32:08 PM
CHAIR BERT STEDMAN called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Micciche, Meyer, Kelly, Ellis and
Chair Stedman.
SB 39-STATUTORY REFS TO MENTAL RETARDATION
1:32:30 PM
CHAIR STEDMAN noted that documents related to SB 39 have not
been posted in BASIS due to technical difficulties. He said the
bill before the committee was SB 39.
1:34:00 PM
SENATOR KEVIN MEYER, sponsor of SB 39, introduced the bill. He
related that when he was doing work on Fetal Alcohol Syndrome
(FAS) and Fetal Alcohol Spectrum Disorder (FASD) legislation, he
saw the term "mental retardation" used for mental disabilities
in many state statutes. Over time, that label has become more
derogative and is now used to degrade and insult individuals.
He stated that by using more respectful terminology, Alaska will
become one of 40 states that have done so. He noted that the
federal government, the Center for Disease Control, and the
World Health Organization have also done away with the "mental
retardation" designation. He said the bill strikes a balance
between being respectful without changing any services. It is
simply a label change.
SENATOR MEYER noted that there was a new CS that makes some
changes to SB 39.
SENATOR KELLY moved to adopt the proposed CS for SB 39, labeled
28-LS0247\U, as the working document before the committee.
CHAIR STEDMAN objected for discussion purposes.
He requested a comparison of the proposed CS to the original
bill.
1:36:36 PM
EDRA MORLEDGE, staff, Senator Kevin Meyer, explained that the CS
for SB 39 simply adds two new sections at the end of the bill;
Section 28 and Section 29, beginning on page 14.
She related that Section 28 clarifies the intent of the
legislation, so that nothing in this Act would be construed to
alter the coverage, eligibility, rights, responsibilities, or
definitions referred to in the statues that are going to be
amended by this legislation. Section 28 relates to some concerns
the Department of Law brought up about criminal competency
before the courts. It clarifies that it is a simple language
change from "mental retardation" to "intellectual and
developmental disability."
She said that Section 29, on pages 14 and 15, addresses concerns
that the Department of Health and Social Services had about the
fiscal burden placed on the department to make all the changes
in their administrative code. The language clarifies that there
is not anticipated fiscal impact to the department.
CHAIR STEDMAN removed his objection to adopting the proposed CS.
There being no objection, Version U was adopted.
SENATOR MEYER said he had nothing more to add.
CHAIR STEDMAN listed four fiscal notes: a zero fiscal note from
the Department of Commerce, Community, and Economical
Development, a zero fiscal note from the Department of Education
and Early Development, and one fiscal note from the Division of
Administrative Services, Department of Health and Social
Services in the amount of $10,000 in general funds for FY 14 to
cover the costs of changing regulations, and one indeterminate
fiscal note from the Alaska Psychiatric Institute.
CHAIR STEDMAN opened public testimony.
1:38:54 PM
SENATOR KELLY said he understood that all fiscal notes are zero
notes due to the changes in Version U.
1:39:31 PM
CHAIR STEDMAN agreed. He noted the new CS has zero fiscal notes.
He added that there is no Senate Finance Committee referral.
1:40:01 PM
MILLIE RYAN, Executive Director, REACH, Inc., testified in
support of SB 39. She stated that replacing hurtful language is
more than just semantics. She said, "Changing how we talk about
people with disabilities is a critical step towards making sure
they are valued and contributing members of the community." She
described how being labeled by hurtful language keeps people
from asking for help. It limits their expectations of
themselves, as well as the expectations of those around them.
She thanked Senator Meyer for introducing the bill.
CHRISTOPHER BRENNER, Advocate, REACH, Inc., testified in support
of SB 39. He described himself as twenty-three years old, a
client of REACH, and labeled mentally retarded. He shared his
personal experience. He said that as an adult, he works full
time, pays rent and taxes, and is his own conservator. He agreed
to be the voice representing people like himself. He strongly
urged the language change and stated support for SB 39.
1:43:16 PM
KIM CHAMPNEY, President, Alaska Association of Developmental
Disability (AADD), testified in support of SB 39. She related
that AADD is a trade organization representing approximately 40
service providers in Alaska. Some of the larger members include
Hope Community Resources, the ARC of Anchorage, REACH, and
Fairbanks Resource Agency and Assets. She said she has no
reservations about SB 39.
1:44:24 PM
RIC NELSON, Vice Chair, Governor's Council on Disabilities and
Special Education, testified in support of SB 39. He said he
has always been teased and made fun of and people called him
retarded. He shared a personal story. He said he is not
retarded, but instead has a mental disability. He suggested
changing the wording in the statute.
1:47:35 PM
ERIC GEBHART, Chair, Governor's Council on Disabilities and
Special Education, testified in support of SB 39. He said that
the Council members consist of the State Council on
Developmental Disabilities, the Special Education Advisory
Panel, and the Interagency Coordinating Council for Infants and
Toddlers with Disabilities. The Council's focus is to advise the
state on issues that affect individuals with developmental
disabilities. The Council's mission is to create change that
improves the lives of individuals with disabilities. He said the
Council supports SB 39 because it meets the Council's mission.
He thanked Senator Meyer, the co-sponsors, and the House for
passing the bill. He discussed the negative influences of
"mental retardation." He said it was time to eliminate
stereotypes and barriers of the disabled. He noted efforts in
other states and in federal law to change this wording.
1:51:24 PM
CHAIR STEDMAN closed public testimony.
He thanked the testifiers for their contributions to the meeting
to help move the bill forward.
CHAIR STEDMAN set SB 39 aside.
1:52:38 PM
There being no further business to come before the committee,
Chair Stedman adjourned the Senate Health and Social Services
Committee at 1:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB039-DCCED-CBPL-02-11-13.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB039-DHSS-API-2-8-2013.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB039-DHSS-ASS-2-8-2013.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB039-EED-TLS-2-4-13.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB 39 Sponsor Statement.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB 39 Sectional Analysis.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB 39 Rosas Law Article.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB 39 PLAW-111publ256.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB 39 Medscape Reference Article.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| SB 39 AAIDD Article.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |
| CSSB 39 ver. U.pdf |
SHSS 2/11/2013 1:30:00 PM |
SB 39 |