Legislature(2007 - 2008)BELTZ 211
05/03/2007 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB136 | |
| HB170 | |
| SB117 | |
| SB94 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 94 | TELECONFERENCED | |
| + | HB 170 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 117 | TELECONFERENCED | |
| += | SB 99 | TELECONFERENCED | |
| += | HB 136 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 3, 2007
1:33 p.m.
MEMBERS PRESENT
Senator Johnny Ellis, Chair
Senator Gary Stevens, Vice Chair
Senator Con Bunde
MEMBERS ABSENT
Senator Bettye Davis
Senator Lyman Hoffman
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 136(FIN)(title am)
"An Act relating to the supervision of dental hygienists by
dentists, establishing a restorative function license
endorsement for dental hygienists and allowing collaborative
agreements between licensed dentists and dental hygienists."
MOVED CSHB 136(FIN)(title am) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 170(FIN)
"An Act relating to annual audit reports by insurers, to
custodians of insurer assets, to writing workers' compensation
insurance by surplus lines insurers, to reports by surplus lines
insurers, to the definition of 'wet marine and transportation
insurance,' to false or misleading financial statements
concerning insurance audits, to high deductible health plans, to
retaliation for obligations, prohibitions, or restrictions
imposed on Alaska insurers by other states or countries, and to
the membership of the Alaska Life and Health Insurance Guaranty
Association; and providing for an effective date."
MOVED CSHB 170(FIN) OUT OF COMMITTEE
SENATE BILL NO. 117
"An Act relating to the presumption of coverage for a workers'
compensation claim for disability as a result of certain
diseases for certain occupations."
HEARD AND HELD
SENATE BILL NO. 94
"An Act establishing a division of blind services within the
Department of Health and Social Services; and relating to the
administration of the vocational rehabilitation program."
HEARD AND HELD
SENATE BILL NO. 99
"An Act relating to the composition of the Alaska Police
Standards Council; and providing for an effective date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 136
SHORT TITLE: DENTAL HYGIENISTS
SPONSOR(s): REPRESENTATIVE(s) STOLTZEE
02/14/07 (H) READ THE FIRST TIME - REFERRALS
02/14/07 (H) HES, L&C
03/06/07 (H) HES AT 3:00 PM CAPITOL 106
03/06/07 (H) Moved Out of Committee
03/06/07 (H) MINUTE(HES)
03/07/07 (H) HES RPT 5DP
03/07/07 (H) DP: CISSNA, FAIRCLOUGH, GARDNER, ROSES,
WILSON
03/07/07 (H) FIN REFERRAL ADDED AFTER L&C
03/19/07 (H) L&C AT 3:00 PM CAPITOL 17
03/19/07 (H) Moved Out of Committee
03/19/07 (H) MINUTE(L&C)
03/21/07 (H) L&C RPT 7DP
03/21/07 (H) DP: GARDNER, NEUMAN, BUCH, LEDOUX,
GATTO, RAMRAS, OLSON
03/27/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/27/07 (H) Moved CSHB 136(FIN) Out of Committee
03/27/07 (H) MINUTE(FIN)
03/28/07 (H) FIN RPT CS(FIN) 5DP 6NR
03/28/07 (H) DP: FOSTER, NELSON, STOLTZEE, KELLY,
MEYER
03/28/07 (H) NR: GARA, CRAWFORD, HAWKER, JOULE,
THOMAS, CHENAULT
04/11/07 (H) TRANSMITTED TO (S)
04/11/07 (H) VERSION: CSHB 136(FIN)(TITLE AM)
04/13/07 (S) READ THE FIRST TIME - REFERRALS
04/13/07 (S) HES, L&C, FIN
04/23/07 (S) HES AT 1:30 PM BUTROVICH 205
04/23/07 (S) Moved CSHB 136(FIN)am Out of Committee
04/23/07 (S) MINUTE(HES)
04/25/07 (S) HES RPT 3DP 2NR
04/25/07 (S) DP: DAVIS, ELTON, THOMAS
04/25/07 (S) NR: COWDERY, DYSON
05/01/07 (S) L&C AT 1:30 PM BELTZ 211
05/01/07 (S) Heard & Held
05/01/07 (S) MINUTE(L&C)
05/03/07 (S) L&C AT 1:30 PM BELTZ 211
BILL: HB 170
SHORT TITLE: INSURANCE
SPONSOR(s): LABOR & COMMERCE BY REQUEST
03/01/07 (H) READ THE FIRST TIME - REFERRALS
03/01/07 (H) L&C, FIN
03/23/07 (H) L&C AT 3:00 PM CAPITOL 17
03/23/07 (H) Heard & Held
03/23/07 (H) MINUTE(L&C)
04/04/07 (H) L&C AT 3:00 PM CAPITOL 17
04/04/07 (H) Moved Out of Committee
04/04/07 (H) MINUTE(L&C)
04/05/07 (H) L&C RPT 4DP 3NR
04/05/07 (H) DP: BUCH, NEUMAN, RAMRAS, OLSON
04/05/07 (H) NR: GARDNER, LEDOUX, GATTO
04/19/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/19/07 (H) Moved CSHB 170(FIN) Out of Committee
04/19/07 (H) MINUTE(FIN)
04/23/07 (H) FIN RPT CS(FIN) NT 9DP
04/23/07 (H) DP: FOSTER, NELSON, JOULE, THOMAS,
CRAWFORD, STOLTZEE, KELLY, HAWKER,
MEYER
04/24/07 (H) TRANSMITTED TO (S)
04/24/07 (H) VERSION: CSHB 170(FIN)
04/25/07 (S) READ THE FIRST TIME - REFERRALS
04/25/07 (S) L&C
05/03/07 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 117
SHORT TITLE: WORKERS' COMP: DISEASE PRESUMPTION
SPONSOR(s): SENATOR(s) FRENCH
03/14/07 (S) READ THE FIRST TIME - REFERRALS
03/14/07 (S) L&C, HES, FIN
04/12/07 (S) L&C AT 1:30 PM BELTZ 211
04/12/07 (S) Heard & Held
04/12/07 (S) MINUTE(L&C)
05/03/07 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 94
SHORT TITLE: SERVICES FOR THE BLIND
SPONSOR(s): SENATOR(s) ELLIS BY REQUEST
02/23/07 (S) READ THE FIRST TIME - REFERRALS
02/23/07 (S) L&C, HES, FIN
05/03/07 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
BEN MULLIGAN
Staff to Representative Bill Stoltze
Alaska State Capitol
Juneau AK
POSITION STATEMENT: Commented on CSHB 136(FIN)(title am) for the
sponsor.
LINDA HALL, Director
Division of Insurance
Department of Commerce, Community & Economic Development
Juneau AK
POSITION STATEMENT: HB 170
ANDY MODEROW
Staff to Senator French
Alaska State Capitol
Juneau AK
POSITION STATEMENT: Commented on SB 117 for the sponsor.
ROD HARRIS
Alaska Professional Firefighters' Association
Eagle River AK
POSITION STATEMENT: Supported SB 117.
MIKE DAVIDSON
Alaska Professional Firefighters' Association
Girdwood AK
POSITION STATEMENT: Supported SB 117.
JEFF BRIGGS
Alaska Professional Firefighters' Association
Juneau AK
POSITION STATEMENT: Supported SB 117.
SENATOR HOLLIS FRENCH
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Sponsor of SB 117.
WALLY BAIRD, City Manager
Bethel AK
POSITION STATEMENT: Opposed SB 117.
JOHN CYR, Executive Director
Public Safety Employees Association
Juneau AK
POSITION STATEMENT: Supported SB 117.
JOHN GRUMMET, President Elect
Alaska Independent Agents and
Insurance Brokers
Juneau AK
POSITION STATEMENT: Opposed SB 117.
DOMINIC LEZANO, President
Fairbanks Firefighters' Association
Fairbanks AK
POSITION STATEMENT: Supported SB 117.
KATE HERRING
Staff to Senator Ellis
Alaska State Capitol
Juneau AK
POSITION STATEMENT: Commented on SB 94 for the sponsor.
SANDY SANDERSON, President
Alaska Independent Blind
Anchorage AK
POSITION STATEMENT: Supported SB 94.
KARLA JUTZI, Director
Alaska
Center for the Blind and Visually Impaired
Anchorage AK
POSITION STATEMENT: Neutral position on SB 94.
LYNN CORRAL
Alaska Center for the Blind and Visually Impaired
Anchorage AK
POSITION STATEMENT: Supported SB 94.
JANICE WEISS
Juneau AK
POSITION STATEMENT: Opposed SB 117.
ELMER LINDSTROM, Project Manager
Office of the Commissioner
Department of Health and Social Services (DHSS)
Juneau AK
POSITION STATEMENT: Opposed SB 94, but offered to work with
everyone on resolving issues in it.
STEVEN J. PRIDDLE, Attorney and President
State Chapter of the National Federation of the Blind
Fairbanks AK
POSITION STATEMENT: Opposed SB 94.
BOBBI CLELAND
Anchorage AK
POSITION STATEMENT: Opposed SB 94.
WILLIAM CRAIG
Anchorage AK
POSITION STATEMENT: Passed this time so he could testify in
person.
JOAN O'KEEFFE, Executive Director
Southeast Alaska Independent Living
Juneau AK
POSITION STATEMENT: Opposed SB 94.
CLAUDIA CRISS
Juneau AK
POSITION STATEMENT: Opposed SB 94.
RICK RENAUD, Vendor
Alaska Business Enterprise Program
Anchorage AK
POSITION STATEMENT: Opposed SB 94.
JAMES SCHWARTZ, Vendor
Alaska Business Enterprise Program
Anchorage AK
POSITION STATEMENT: Supported SB 94.
ACTION NARRATIVE
CHAIR JOHNNY ELLIS called the Senate Labor and Commerce Standing
Committee meeting to order at 1:33:04 PM. Present at the call to
order were Senators Stevens, Bunde, and Ellis.
CSHB 136(FIN)(title am)-DENTAL HYGIENISTS
1:33:44 PM
CHAIR ELLIS announced CSHB 136(FIN)(title am) to be up for
consideration.
BEN MULLIGAN, staff to Representative Bill Stoltze, sponsor of
HB 136, recapped that HB 136 is meant to expand some of the
duties of dental hygienists in the state so they can work a
little more with fillings, local anesthesia under general
supervision and to enter into collaborative agreements with
dentists in order to go out under the their direction to do work
they normally can't do now.
CHAIR ELLIS asked if there were further questions or discussion.
There was none.
SENATOR BUNDE moved to pass CSHB 136(FIN)(title am) from
committee with individual recommendations and attached fiscal
note. There were no objections and it was so ordered.
CSHB 170(FIN)-INSURANCE
1:37:23 PM
CHAIR ELLIS announced HB 170(FIN) to be up for consideration.
LINDA HALL, Director Division of Insurance, explained that she
requested this bill. She explained that it has two purposes; the
basic one is financial regulation enactment of measures she
needs to maintain the division's National Association of
Insurance Commissioners (NAIC) accreditation. Alaska and all
other states are accredited by the NAIC as part of their
solvency oversight. Each state relies on the quality of other
state's financial review and oversight and the accreditation
process insures that Alaska's financial regulation meets certain
standards. Alaska has been accredited for several years.
She said the basic model regulations are actually part of the
financial statement and they are referenced in AS 21.09.200. The
financial statement instructions are going away and she is
seeking to have them put into statute so she still has the
authority to enforce them.
MS. HALL said the director can require a report describing
internal controls and request reports of misstatement of
financial conditions from a CPA. Basically, she is making sure
the division is doing appropriate financial oversight.
1:39:04 PM
Section 3 requires that the custodial oversight is in writing
and clarifies who can have the assets of the insurer. The idea
is to make sure the risk of insurers becoming insolvent because
of dishonest or unqualified custodians does not exist. These are
the main financial pieces, she said.
MS. HALL said another clarification includes tax equalization -
if other states charge our domestic insurers their higher rate
of premium tax, Alaska will charge, in return, their companies
the higher rate of tax. "It's not meant to be punitive."
She said sections 9, 12, and 13 clarify that retaliatory fees
are not to negate various premium tax credits this body has
enacted in prior pieces of legislation. Last year a bill passed
that gave premium tax credits for contributions to the high risk
health insurance pool. She wants to make sure insurers who are
paying those assessments are not penalized. The same thing is
true for charitable contributions to colleges or the Alaska Fire
Standards Counsel.
The balance of the bill deals with changing words such as
"directive" to "order" because Ms. Hall said she issues orders,
not directives. Changes were made in high deductible health
insurance plans so that they meet IRS standards. Guarantee
Association references were changed so that an insurance company
that is authorized to write health insurance policies in Alaska
can be assessed for administrative charges. Unless they actually
write policies they would not pay insolvency assessments. The
rest of the bill gives her authority to adopt regulations and it
has some "unusual" effective dates.
1:41:08 PM
Pieces of bill, she said, are not effective until 2010 because
they impact industry. This effective date gives them time to
adjust to changes in the bill. She has heard no negative
testimony about the bill.
1:41:38 PM
SENATOR BUNDE said considering the late date of the session, he
would be comfortable moving it now.
CHAIR ELLIS asked if anyone would like to testify on this bill.
He saw none. He asked Ms. Hall if she wanted to comment.
MS. HALL said she has not heard of any opposition and she had
taken care of the one concern that was raised.
1:42:18 PM
SENATOR STEVENS moved to pass CSHB 170(FIN) from committee with
individual recommendations and attached fiscal note. There were
no objections and it was so ordered.
SB 117-WORKERS' COMP: DISEASE PRESUMPTION
1:45:01 PM
CHAIR ELLIS announced SB 117 to be up for consideration. He
asked Mr. Moderow to review the subject and take the committee
through the proposed committee substitute.
ANDY MODEROW, staff to Senator French, commented on SB 117 for
the sponsor. He explained that this bill is about presumptive
disability for certain classes of first responders. It would
create a presumption that certain diseases that are found more
often in firefighters are work-related. The proposed CS would
make it very clear that the employer would not have to cover the
cost of the qualifying medical exam. However, it does provide an
option for an individual who is not provided with a medical exam
to get it on his own. The presumption would not apply without
this baseline exam.
1:46:55 PM
ROD HARRIS, Alaska Professional Firefighters Association, said
they supported SB 117. However, he wanted them to remember that
every engineering device that has been invented to improve the
health of firefighters has been implemented, but until something
is invented that will completely encapsulate a firefighter
protecting them from exposure to the significant carcinogens in
smoke, they will be constantly exposed to them.
1:49:02 PM
MIKE DAVIDSON, Alaska Professional Firefighters' Association,
supported SB 117. He stated, "It provides a safety net of
protections that currently doesn't exist." The nature of the
firefighter's job is that it is unpredictable and they often
don't know until after a situation occurs that there were health
impacts associated with it. That lack of knowledge makes it very
difficult to track these exposures even though they know they
occur. Every precaution is taken to avoid exposures.
He said this legislation has the potential to fiscally impact
employers, but their goal is to have fewer people getting sick
to the point that no one gets sick at all and the same illnesses
are already covered currently. However, most of these diseases
are not only serious, but are also terminal events resulting in
huge fiscal impacts that are often borne by the very person who
is in the worst position to deal with it, the sick person and
his family. Firefighters put their lives on the line and risk
their families to protect the citizens of Alaska. "We owe it to
them to provide them these important protections in their time
of greatest need."
MR. DAVIDSON also added that it's very difficult to file under
the current Workers' Compensation system, because a direct link
to exposure is hard to establish. On the other hand, medical
evidence demonstrates that the very limited scope of diseases
they have named are very likely to be associated with being a
firefighter. These illnesses are acquired in rates hundreds of
times higher than the average populace. In the case of cancers
and contagious diseases, frequently no other link can be drawn
to a source of the disease other than the firefighting
occupation.
1:53:10 PM
MR. DAVIDSON said he didn't want to minimize the possibility of
fiscal impacts, but many of the state's large employers,
including the state itself, already conduct physicals that would
meet the requirements to establish a baseline for these
employees. The physical exam requirement is not there as a
financial burden for employers; it's there for their protection
and was placed in there to protect employers from frivolous
claims or claims that aren't justified for diseases that had
been acquired prior to coming to that employer. He argued that
employers who aren't providing the physicals for their employees
are being irresponsible to the constituents they represent
because they have no baseline to track if later on these
employees do become sick.
1:54:22 PM
JEFF BRIGGS, Alaska Professional Firefighters' Association, said
according to the Alaska Department of Public Safety (DPS), there
are 1,000 full-time paid firefighters in the State of Alaska.
The opponents of SB 117 estimate the number affected by this
bill to be in the neighborhood of 9,250. The State Fire
Marshall's office has emailed him that there are 4,600
structural firefighters registered in the State of Alaska. The
opponents also say the physicals will cost up to $12 million,
which is not the case, because physicals are not mandatory in
the bill. In Anchorage, the pre-qualifying hiring medical exam
costs $450 to $500 per individual.
MR. BRIGGS said he couldn't tell them how scary it is to be
crawling around in a structural fire and realize afterwards that
it was a meth lab, one of the worst chemical fires around. He
said that all structural fires have tens of thousands of
chemicals and there's no telling what they do when they mix
together.
In 2002 in the Moody v. Delta Western Supreme Court decision,
Justice Mathews stated:
Due to what is known as the fireman's rule, both
firefighters and police officers are paid to confront
crises and allied dangers by un-circumspect citizenry
- a circumstance that serves to distinguish
firefighters and police from most other public
employees.... The public pays for emergency responses
of public safety officials in the form of salaries and
enhanced benefits.
1:56:58 PM
He said that American Cancer statistics indicate that 5 out of
10 men in this room will be diagnosed with some sort of cancer
in their lifetime if they live to be 90 years old. Approximately
3 in 10 will contract the kind of cancers listed in SB 117. He
asked, "How many of those three contracted these cancers while
carrying out the course of their occupation? How many contracted
th
this cancer before their 55 birthday? Very few."
SENATOR BUNDE asked if as a public employee he is covered by
health insurance.
MR. BRIGGS replied yes.
SENATOR BUNDE asked if this bill passed, would it give him un-
rebuttable coverage under workers' compensation.
MR. BRIGGS replied that this is not un-rebuttable language.
Nothing guarantees this coverage. If the employer or
the Workers' Comp Board feels there is evidence to
disprove the claim, then they have all the power in
the world to go ahead and do so.
He said there would probably be an issue with filing through a
person's personal health insurance for something that was caused
on the job.
SENATOR FRENCH, sponsor of SB 117, explained that the main
concern in prior hearings was the cost of implementing the idea
and the CS addresses that by making the medical exam be borne by
the firefighter himself.
CHAIR ELLIS asked if there was further discussion of the
committee substitute, version E.
1:59:38 PM
SENATOR STEVENS asked Senator French if new language was on page
3, subsection (e) and to explain what it means.
SENATOR FRENCH replied that the only change in the CS is on page
3, subsection (e). It essentially says that the provisions of
the bill call for a medical examination, but don't require a
municipality or other employer of firefighters to actually have
to provide that qualifying medical examination (line 27). So it
imposes no burden at all upon an employer or a municipality. The
cost will be borne by the firefighter if at all or if the
municipality chooses to do so.
SENATOR STEVENS asked if this is presented as an opt-out feature
for the municipalities.
SENATOR FRENCH replied yes. SB 117 is not an unfunded mandate.
CHAIR ELLIS said this was a big bone of contention with the
original bill.
SENATOR BUNDE said he understands there is no cost to the
municipality for the medical examination, but he thought there
would, however, be a cost to the Workers' Compensation rates.
SENATOR FRENCH displayed California statistics that indicated
presumption doesn't cause a large rise in rates. In fact, they
returned to historical norms after presumption was adopted in
1999.
SENATOR BUNDE noted that it didn't reduce the Workers'
Compensation rates either.
2:02:28 PM
SENATOR STEVENS asked about a letter from Millie Martin, member
of the Kenai Borough Assembly, who takes a strong opposing
position. Her concern is that all the diseases in SB 117 are
chronic and are often caused either by genetics or lifestyle
choices. He asked if a chronic smoker would be covered under
Workers' Compensation if this passed.
SENATOR FRENCH replied probably not. If the fact of a person's
smoking is well-known in the community, established through
sales, personal observations or whatever, they are not going to
be able to make a workers' compensation claim for lung cancer.
SENATOR STEVENS went back to the statement that all of the
diseases are chronic and are often caused by genetics and
lifestyle choices and asked if that is a correct statement.
SENATOR FRENCH replied that he is not a doctor and couldn't say.
2:04:42 PM
WALLY BAIRD, Bethel City Manager, said he had concerns with SB
117 because Bethel is self-insured and has a tight budget. He
also thought that life style choices and genetics could account
for some of the diseases. A lot of people have contracted
prostate cancer and have never entered a building with hazardous
materials.
He was also concerned that this would make insurance rates go up
because the costs would be spread out across the same
population. The assumption is that the Workers' Compensation
Program is not adequate or somehow broken, but he thinks it does
a very good job.
2:09:46 PM
SENATOR BUNDE asked if he provides health insurance benefits to
his firefighters that cover the illnesses in this bill.
MR. BAIRD replied yes.
SENATOR BUNDE asked if he is having problems recruiting
firefighters.
MR. BAIRD replied yes.
SENATOR FRENCH also pointed out that health insurance doesn't
cover lost wages.
2:10:48 PM
SENATOR STEVENS moved to adopt CSSB 117(L&C), version E. There
were no objections and it was so ordered.
2:11:22 PM
JOHN CYR, Executive Director, Public Safety Employees
Association, supported SB 117. He said it's only too clear with
the rising number of meth labs and the different chemicals that
critically affect long-term health that a bill like this is
essential.
2:12:24 PM
JOHN GRUMMET, President-elect, Alaska Independent Agents and
Insurance Brokers, said it would be very hard for employers to
controvert claims and the bill's language is unusually broad. He
asked why it wouldn't include nurses and doctors. He didn't have
any specific suggestions.
2:13:33 PM
DOMINIC LEZANO, President, Fairbanks Firefighters' Association,
said that lost wages are provided under Workers' Compensation,
but it's always asked what incident caused the exposure and
that's the reason for the bill. That exact date of exposure is
often not known. He related a story of a Fairbanks firefighter
who contracted lung cancer. He has been a firefighter for over
30 years and didn't smoke. When the idea of Workers'
Compensation came up, he was asked for the date the exposure
occurred and for the doctor to back it up. It's very difficult
when you're going through the chemotherapy to have to worry
about going through Workers' Compensation hearings. His health
insurance company did what it could, but there are large out-of-
pocket costs associated with that and now he's almost out of
sick leave. The intent of the bill is to protect individuals
like this. If you're a smoker, you're not covered under this
presumption.
2:16:36 PM
CHAIR ELLIS said he thought they had made progress on this
issue, but the committee was missing a couple of members and it
deserved their input. So he held SB 117 for a future meeting.
SB 94-SERVICES FOR THE BLIND
2:17:46 PM
CHAIR ELLIS announced SB 94 to be up for consideration.
KATE HERRING, staff to Senator Ellis, sponsor of SB 94,
explained that Senator Ellis introduced SB 94 at the request of
several constituents who feel that the blind community in Alaska
would be better served by an office specifically addressing the
blind community rather than the existing Vocation Rehabilitation
Program that covers Alaskans with a variety of disabilities.
Sometimes the blind community can get lost under the umbrella of
the larger program.
She said that SB 94 establishes a Division of Blind Services in
the Department of Health and Social Services and makes related
changes to the administration of the Vocational Rehabilitation
Program (DVR).
2:20:14 PM
SANDY SANDERSON, President, Alaska Independent Blind, said it is
an organization of 450 blind members and that he supported SB 94
for two reasons. He said that nationwide 80.4 percent of blind
are unemployed; but in Alaska the figure is 93 percent. This
does not say much for those who are supposed to be working with
and for the blind.
2:21:06 PM
He and a friend started the Center for the Blind over 30 years
ago and to this day it is not properly funded. It takes
professionals who are trained to work with blind people to get
them employment. This is not happening because the center is
paid a fee for services which means it gets paid when someone
comes to it for help. If no one comes, they don't get paid and
you can't get people with university degrees on nickels and
dimes. People have been brought in off the street to train blind
people in various things not knowing the first thing about it
and that should not be the situation.
MR. SANDERSON said figures from the DVR indicate there are
29,000 disabled people in the State of Alaska. Of those, 10,000
to 12,000 are visually impaired. Being 40 percent of a disabled
community, they should have their own area of health and
guidance.
2:24:08 PM
KARLA JUTZI, Director, Alaska Center for the Blind and Visually
Impaired, said this is the agency that Mr. Sanderson helped
found 30 years ago. She said the Center does not have an
official position on this bill, but she wanted to point out
several aspects that deserved more attention. One of them is
that the definition of "blind person" who would be served by
this agency is very narrow, because it is limited to those who
are legally blind. In fact, with Vocational Rehab services as
well as her older clients, she serves quite a few people who are
not yet legally blind, but who have a visual disability that
doesn't allow them to work or to live independently. She didn't
want this legislation to reduce the number of people already
being served.
The second issue was on page 7, line 15, that establishes and
maintains an orientation and adjustment center with qualified
instruction for training eligible blind persons and that appears
to set up a state-operated agency for training. This would put
the Center out of business since that is the agency that
provides this adaptive field training in Alaska and it is a
nonprofit agency. She assumed it wasn't the intent of the
legislation to put an effective organization out of business and
though it important to discuss whether the intent is that the
state would somehow take over her agency because it could not
afford two training centers for the blind.
2:27:29 PM
MS. JUTZI said it's also important that funding this bill
wouldn't take funding away from current services provided to
visually disabled people.
LYNN CORRAL, Alaska, Center for the Blind and Visually Impaired,
said that blind teachers need specialized training. She was told
at first that she didn't have an impediment to employment.
However she, like most people, felt that she wanted to do
better. She appealed and now has a different counselor and has
been working for the division for 13 months.
We just believe that this is the right time to have a
separate state plan for blind services - will give us
better quality services. We know that separate
agencies that exist in the United State have a better
employment outcomes and better pay at closure.
She was also concerned that the Division of Vocational
Rehabilitation was using public funds to talk to vendors against
this idea instead of using it to positively deal with their
issues of services for the blind.
JANICE WEISS, Juneau resident, said she has two daughters who
are both visually impaired since childhood and they are now both
adults. Both used DVR services and she has absolutely no
complaints about the service they received. The reason they used
the DVR services is because they wanted to become self-
sufficient and also wanted college and professional careers. Had
the same services been offered through the Department of Health
and Social Services (DHSS), they would not have been nearly as
willing to use them, because even though they were visually
impaired, they did not see themselves as being dependent on any
government services for their current living as opposed to using
DVR which is under the DOLWD - and therefore much more inclined
to be seen as helping people with careers rather than helping
them with not being able to take care of their own lives.
She said the Center for The Blind has been absolutely wonderful
in working with both of her daughters in many different areas.
Having a separate place for the blind to receive the services
that DVR now provides would duplicate administration and
services that are already established and doing a really good
job. She said the DVR counselors have knowledge of many more
resources that are available for many kinds of disabilities and
often people who have visual disabilities have other
disabilities as well.
2:34:25 PM
ELMER LINDSTROM, Project Manager, Office of the Commissioner,
Department of Health and Social Services (DHSS), urged the
committee to also take testimony from the Division of Vocational
Rehabilitation, Department of Labor and Workforce Development
(DOLWD), as that is the lead agency that has the expertise and
knowledge of the underlying federal law. This bill would require
a separate division in the DHSS to meet federal requirements and
it would end up being a very small fish in a very big pond. It
could easily have a result that is different than anyone
intended. Having said that, he said he would be happy to work
with the committee and all the advocates interested in this bill
to discuss how services can be improved.
2:40:06 PM
STEVEN J. PRIDDLE, President of the State Chapter of the
National Federation of the Blind, said it is the largest
national organization of blind persons in the United States and
has chapters worldwide. In addition, he is a board member of the
Assisted Technologies of Alaska, although he is not speaking on
its behalf. He is a DVR recipient, but prior to losing his
vision, he was a logger and construction worker. Through DVR's
services, he was able to acquire several degrees including a
juris doctorate. He has worked as a corporate finance attorney
for the U.S. Security and Exchange Commission, a former
assistant district attorney for the State of Alaska and a
district attorney for the state in Whittier and he has his own
practice. He has achieved all that through the services he has
received from the DVR.
MR. PRIDDLE said that historically and consistently the National
Federation of the Blind has promoted separate services for the
blind with the State of Alaska being the exception, because
statistically speaking, he there is now way a separate agency
for the blind could even come close to what the DVR is able to
deliver at this time without a tremendous increase in costs and
funds. A separate agency in the future might become more
feasible when the state's population its budget are bigger.
2:43:11 PM
MR. PRIDDLE said also that the registry for all blind persons
the bill created was incredibly offensive to him.
2:44:35 PM
BOBBI CLELAND, Anchorage resident, said the DVR has done an
excellent job for her and concurred with Mr. Priddle that a
separate center would duplicate the same services that DVR
already provides. She has been a business enterprise program
person for the past 15 years and thought it should remain within
the Department of Labor. She was also disturbed and insulted by
the idea of being on a registry saying it would also be a
tremendous invasion of her privacy.
2:47:43 PM
WILLIAM CRAIG, Anchorage resident, said he wanted to testify in
person at the next meeting.
2:48:08 PM
JOAN O'KEEFFE, Executive Director, Southeast Alaska Independent
Living, opposed SB 94 saying the state already has the DVR and
creating a separate division for the blind would duplicate and
waste sparse state resources. She also allowed that it's
possible this would be a good bill in states with a very large
population of blind individuals and surplus funds, but pointed
out that is not the case in Alaska now. She suggested that SB 94
would increase costs more than $500,000 annually.
Also, she said that federal regulations require a new division
to have a full-time director and staff, as well as a State
Rehabilitation Counsel. Each would incur additional expense and
be a duplication of effort. She said the DVR serves
approximately 4,000 people, 2.6 percent of whom are blind. The
new division could only serve folks who are legally blind
leaving out people with multiple disabilities and the partially
blind. There would be no single point of contact for DVR
services. The federal dollars that are now granted by DVR to the
Centers for Independent Living and the Alaska Center for the
Blind and Visually Impaired would go through this new division
of blind services. However, the current system is efficient and
well managed, she said, and if passed, SB 94 would diminish its
services and be a colossal waste of money.
2:51:25 PM
CLAUDIA CRISS, Juneau resident, said she is visually impaired
and is very happy with the services she now receives from the
DVR and opposed SB 94. Her personal philosophy of disability is
that under the Americans with Disabilities Act (ADA), universal
design has been introduced with accessibility for all. The City
of Portland, Oregon, is an example of an accessible city. She
did not think that establishing a separate agency for the blind
wouldn't help or make anything in Alaska better for them. Funds
could possibly become misused and mismanaged. She felt that
people can have success through their own skills and others need
to be educated about disability in a positive way rather than a
negative way. Her life has demonstrated that.
2:53:31 PM
RICK RENAUD said he is severely disabled and is one of the 12
vendors participating in the Alaska Business Enterprise Program.
He is the only vendor that is not blind and operates the food
services facility in the basement of the court house in
Anchorage. He stated, "The Alaska Business Enterprise Program
has been critical to my ability to function as an independent
self-reliant and contributing member of the community."
MR. RENAUD said his participation in the program has made it
possible for him to employ others and to help train blind
Alaskans to be successful vendors, too. Since this program is so
successful and growing, he couldn't see why any change in the
state law is needed. Section 10 of SB 94 would repeal AS 23.15
that allows severely individuals like him to take part in the
Business Enterprise Program. He is concerned that if he is the
only person now licensed and participating who would be
affected, that he would lose his right to change his vendor site
and beyond that, his existing vendor site could be challenged.
He noted that 25 states provide services through combined
agencies, not separate ones. In 2006, DVR serviced 3,967
individuals of which 104 were blind. He believed that the
creation of a separate blind services division would hurt, not
help, the blind population because it is unlikely that it could
duplicate the expertise and experience as well as provide the
specialized personnel now being served in the DVR.
He concluded saying that SB 94 failed to identify a problem and
didn't really offer a remedy for anything. It would create
another layer of state government.
2:58:27 PM
CHAIR ELLIS handed the gavel to SENATOR STEVENS as he had to go
to another meeting.
2:58:45 PM
JAMES SCHWARTZ, blind vendor with the Alaska Business Enterprise
Program, supported SB 94. He explained that there were two
applicants for the facility that Mr. Renaud won at the court
house and he is the other applicant who lost - even though he is
blind. State statutes clearly give priority to blind people and
he has filed a grievance, but the administrative review
supported awarding the site to the non-blind Mr. Renaud. So, he
is still going through that grievance procedure. If the DVR has
done one good thing for him it is to make him an advocate for
the blind in this state.
VICE-CHAIR STEVENS thanked everyone for their comments and held
SB 94 in committee.
There being no further business to come before the committee, he
adjourned the meeting at 3:00:23 PM.
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