04/22/2006 09:00 AM Senate FINANCE

                                                                                                                                
     CS FOR HOUSE BILL NO. 357(FIN)                                                                                             
     "An Act updating the terminology in statutes for persons                                                                   
    with disabilities; and providing for an effective date."                                                                    
                                                                                                                                
                                                                                                                                
[NOTE: The introduction  of this bill was not recorded  due to an                                                               
audio malfunction. Recording resumed at 11:32:06 AM.]                                                                           
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  PEGGY WILSON,  the bill's  sponsor, informed  the                                                               
Committee  that  her  staff intern,  Aaron  Danielson,  would  be                                                               
explaining the bill.                                                                                                            
                                                                                                                                
11:32:17 AM                                                                                                                   
                                                                                                                                
AARON DANIELSON,  Staff to Representative Wilson,  testified that                                                               
this   legislation   pertained   to   statutory   references   to                                                               
disabilities.  Changes to  these references  are proposed  at the                                                               
request of the Department of  Labor and Workforce Development and                                                               
the  Governor's Council  on Disabilities  and Special  Education.                                                               
This  bill would  replace "handicapped"  with "person  or peoples                                                               
with disabilities" where it appears in Alaska statute.                                                                          
                                                                                                                                
Mr. Danielson told of the  changes in terminology in recent years                                                               
resulting  from the  federal Americans  with Disabilities  Act of                                                               
1990.  States have  been making  coinciding statutory  changes to                                                               
comply with the Act.                                                                                                            
                                                                                                                                
Mr.   Danielson  defined   a   handicap   as  "an   environmental                                                               
limitation". For example,  a person confined to  a wheelchair who                                                               
is confronted  with a  stair would be  handicapped by  the stair.                                                               
That person  is not handicapped,  but rather  is a person  with a                                                               
disability.   The  disabled   persons'  "community"   has  strong                                                               
feelings on this matter.                                                                                                        
                                                                                                                                
11:34:00 AM                                                                                                                   
                                                                                                                                
Co-Chair Green  asked if this bill  contained language pertaining                                                               
to signage to indicate handicap facilities.                                                                                     
                                                                                                                                
Mr. Danielson  answered that it  does not contain  such language.                                                               
Representative Bill Stoltze had  expressed concerns on this issue                                                               
when the bill was heard in the House Finance Committee.                                                                         
                                                                                                                                
Co-Chair Green  had understood  that statutory  reference changes                                                               
had been  made at the time  she served on the  Governor's Council                                                               
on Disabilities  and Special Education.  She concluded  that this                                                               
legislation  pertained to  a different  section of  law than  the                                                               
earlier effort.                                                                                                                 
                                                                                                                                
11:34:39 AM                                                                                                                   
                                                                                                                                
Senator  Bunde, noting  the zero  fiscal  note accompanying  this                                                               
legislation,  ascertained  that  language  on  signage  would  be                                                               
revised at the time normal replacements were made.                                                                              
                                                                                                                                
11:35:16 AM                                                                                                                   
                                                                                                                                
KEVIN  GADSEY,  Southeast  Alaska Independent  Living,  testified                                                               
that  the  organization  participates  in  advocacy  efforts  for                                                               
persons with disabilities. "Handicapped"  is a word considered as                                                               
an annoyance  or a  slur. This language  change is  important. He                                                               
told of changes underway to signage at private businesses.                                                                      
                                                                                                                                
                                                                                                                                
11:37:10 AM                                                                                                                   
                                                                                                                                
PAULA  SCAVERA, Special  Assistant, Office  of the  Commissioner,                                                               
Department  of Labor  and Workforce  Development, testified  that                                                               
this  bill   would  change   statutory  language   governing  the                                                               
Department  of  Health and  Social  Services,  the Department  of                                                               
Transportation   and  Public   Facilities,   the  Department   of                                                               
Education  and Early  Development,  the  Department of  Commerce,                                                               
Community and  Economic Development,  the Department of  Law, the                                                               
Department  of Administration  and  the Department  of Labor  and                                                               
Workforce Development.                                                                                                          
                                                                                                                                
Ms.  Scavera  gave  a  history  of  the  word  "handicap",  which                                                               
originated  in  Great  Britain  and was  used  to  reference  war                                                               
veterans legally permitted  to beg in public.  Today, people with                                                               
disabilities are not treated as "beggars".                                                                                      
                                                                                                                                
11:38:29 AM                                                                                                                   
                                                                                                                                
Co-Chair  Wilken  offered  a  motion  to  report  the  bill  from                                                               
Committee  with individual  recommendations, accompanying  fiscal                                                               
notes and accompanying Letter of Intent.                                                                                        
                                                                                                                                
Without objection  CS HB 357(FIN)  was MOVED from  Committee with                                                               
zero fiscal  notes #1  from the Department  of Health  and Social                                                               
Services  and  #2 from  the  Department  of Labor  and  Workforce                                                               
Development,  and  a  Letter  of  Intent  by  the  House  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
11:39:21 AM