Legislature(2005 - 2006)HOUSE FINANCE 519
02/13/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB331 | |
| HB357 | |
| HB150 |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 150 | TELECONFERENCED | |
| + | HB 331 | TELECONFERENCED | |
| += | HB 334 | TELECONFERENCED | |
| + | HB 357 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 357
"An Act updating the terminology in statutes for
persons with disabilities; and providing for an
effective date."
REPRESENTATIVE PEGGY WILSON explained that HB 357 updates
the terminology in statutes for persons with disabilities.
After the American with Disabilities Act of 1990, most
states modified their statutes to reflect a positive
reference - changing the word "handicapped" to "person with
a disability". This bill changes all Alaska State Statutes
to rid them of this archaic reference that has negative and
demoralizing connotations in reference to a person's ability
and potential. Using "a person with a disability" reflects
the language that is in Federal legislation - the Federal
Workforce Investment Act, the American's with Disabilities
Act, the Civil Rights Act of 1991; The Individuals with
Disabilities Education Act (IDEA) and the Rehabilitation Act
of 1973 as amended in 1992 and 1998.
These changes are being proposed in consultation with the
Department of Labor, other state agencies, and along with
the Governor's Council on Disabilities and Special
Education. There is support for this bill from numerous
other organizations such as the Southeast Alaska Independent
Living (SAIL) Center, which represents people with
disabilities. This bill is not designed to modify any
existing requirements or exemptions, nor will it be changing
any existing requirements or exemptions with the new
terminology. This bill is designed to serve the
constituents of everyone across the state that are affected
by this existing negative and demeaning terminology.
Representative Wilson read part of a letter from SAIL:
"American consistently redefines itself through language and
subcultures. In order to do that, they often use language
to redefine themselves. Negroes became blacks, then afro-
Americans, homosexuals chose the term gay for themselves.
People with disabilities have done the same during the years
attempting to fight the stereotype and the negative
imagery."
Representative Wilson requested support for HB 357.
2:09:31 PM
GALE SINNOT, DIRECTOR, DIVISION OF VOCATION REHABILITATION,
DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, explained
that this bill is not just a Department of Labor bill, it
crosses over the Department of Health and Social Services,
Department of Transportation and Public Facilities,
Department of Education and Early Development, Department of
Commerce and Economic Development, Department of Law, and
Department of Administration. The word handicapped is an
outdated term that evokes negatives images. The proposed
language is a positive change and also mirrors changes in
federal legislation. She related broad support for the
bill. She added that there is a zero fiscal note attached.
She requested that the committee support HB 357.
2:11:50 PM
Representative Stoltze stated that he supports the language
change, but is concerned about a possible impact on private
businesses. He pointed out that the Americans with
Disabilities Act (ADA) had some unintended consequences on
businesses. He wondered about enforcement of the bill
regarding handicapped signs and if there is a transition
period for compliance.
Ms. Sinnott clarified that the bill does not change the law,
just the language in Alaska State Statutes. There is no
repercussion for having old handicapped parking signs.
Representative Stoltze shared concern about past, unexpected
consequences of the ADA. He requested a letter of intent by
the sponsor in order to prevent such problems.
Ms. Sinnott deferred to Mr. Brandon.
2:14:49 PM
DON BRANDON, STATE DISABILITY COORDINATOR, AMERICANS WITH
DISABILITY ACT, DEPARTMENT OF LABOR AND WORKFORCE
DEVELOPMENT, shared his personal experience with
disabilities and society's labels. He defined the phrase "a
person with a disability" instead of "handicapped" as a door
opening to a positive self-concept. He emphasized that the
bill would change the wording in all Alaska statutes. He
agreed that there have been concerns about the ADA.
Handicapped parking signs will change as the wording in
statute changes.
2:18:48 PM
Representative Stoltze said he didn't trust the system and
there are some disabled who are looking for lawsuits. Mr.
Brandon explained reasons behind the complaint process and
the need to use the courts to address change and to prevent
discrimination.
Representative Kelly spoke in support of the language
change, but also noted the backlash associated with the ADA.
He said he does not want DOT to have to change handicapped
parking signs as an unintended consequence.
Representative Holm shared his experience about an accident
that resulted in the loss of part of his hand. He
emphasized that he is not disabled nor handicapped. He
emphasized that attitude is important and he prefers the
word "challenged". He said that he does not want to see
people limited by a label.
Mr. Brandon agreed with Representative Holm.
Representative Weyhrauch asked if Section 1, legislative
intent, is necessary. He also questioned if age is a
handicap.
Ms. Sinnott replied that the only intended word change was
handicap, and the inclusion of age was already there and not
considered. Referring to Representative Weyhrauch's
question about Section 1, Ms. Sinnott reported that the
Department of Law assisted in writing the language of the
bill.
2:28:09 PM
AARON DANIELSON, STAFF, REPRESENTATIVE PEGGY WILSON, stated
that the reference to age was already in the bill. Co-Chair
Meyer suggested that legislative intent is usually left out
of bills.
Representative Hawker related that there are two ways to
include a non-statutory comment in a bill. The preferred
method is a letter of intent. Ms. Wilson agreed to that
change and will work with the Department of Labor on a
letter of intent.
Representative Weyhrauch added that a letter of intent is
also a vehicle that would address Representative Kelly's and
Representative Stoltze's concerns.
Representative Joule recollected that governors typically
veto intent language. He stated support for a letter of
intent.
Representative Stoltze noted that his concerns could be
incorporated in a letter of intent.
2:32:24 PM
Representative Stoltze MOVED to ADOPT Conceptual Amendment
1, to delete Section 1.
Representative Hawker OBJECTED for discussion purposes. He
suggested that the motion should also include adopting a
letter of intent conforming to legislative intent language
in Section 1.
Representative Stoltze incorporated this idea into
Conceptual Amendment 1.
Representative Hawker WITHDREW his OBJECTION.
There being NO OBJECTION, Conceptual Amendment 1 was
adopted.
Representative Foster MOVED to REPORT CSHB 357 (FIN), as
amended, out of Committee with individual recommendations
and the accompanying fiscal notes.
Representative Weyhrauch OBJECTED. He requested the
Department of Labor to get back to him on the age-as-
disability issue. Representative Weyhrauch REMOVED his
OBJECTION.
CSHB 357 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a zero fiscal note by the
Department of Health and Social Services, and with a zero
fiscal note by the Department of Labor and Workforce
Development.
At-ease.
2:39:57 PM
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