Legislature(1995 - 1996)
03/20/1995 09:11 AM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SHES - 3/20/95
SB 117 STATEWIDE INDEPENDENT LIVING COUNCIL
Number 405
CHAIRMAN GREEN introduced SB 117 as the next order of business
before the committee.
STAN RIDGEWAY, Deputy Director in Vocational Rehabilitation,
explained that SB 117 was introduced at the request of the
Department of Education (DOE). SB 117 establishes in statute a
statewide independent living council which would allow the
department to continue to receive federal funding. Approximately
$900,000 in federal funding is received for independent living
services across the state. He pointed out the analysis of the
fiscal note which breaks down the funding sources. The Division of
Vocational Rehabilitation receives federal Part B funds in the
amount of $283,000 with a required state match. Federal Part C
funding is granted to centers for independent living; Access Alaska
and Southeast Alaskan Independent Living Center receive portions of
that money. The state contributes $563,000 in general funds to
centers in the state.
Mr. Ridgeway explained that Governor Hickel had appointed a
Statewide Living Council in 1993. The Division of Vocational
Rehabilitation and the council are required to submit a state plan
to the federal government in order to receive funding. He
explained that Governor Hickel had reappointed the council in 1994
due to controversy regarding that the council was not established
in statute. This needs to be established in statute in order to
have an ongoing statewide living council.
SENATOR SALO asked if the provisions in SB 117 were the same as
those when the council was created under Governor Hickel. STAN
RIDGEWAY stated that the council remains the same and he specified
that the majority of the council's members are disabled.
SENATOR LEMAN asked if the language specifying that a member be
compensated with $150 for each day they perform services was the
existing requirement. STAN RIDGEWAY said that there is not an
existing federal requirement. The language merely allows
compensation to a person that is unemployed or loses money from
their job. Mr. Ridgeway specified that the amount parallels the
compensation other boards offer.
SENATOR LEMAN presumed that if this compensation was not required
by federal law then it would not be in statute. STAN RIDGEWAY said
that was correct, but that the compensation is required in Title
VII of the Rehabilitation Act.
SENATOR LEMAN suggested that this language may need to be redrafted
in order to clarify.
Number 345
CHAIRMAN GREEN asked if it was common to specify the amount to be
compensated in the bill. SENATOR MILLER explained that this
compensation would be in addition to the per diem and travel
expenses of the member. There are other boards that have this such
as the Permanent Fund Dividend Board and the Railroad Board. Most
boards only receive a per diem. Senator Miller said that it is
common to specify the amount for compensation.
SENATOR ELLIS asked if Chairman Green was suggesting an automatic
cost of living increase for boards and commissions. CHAIRMAN GREEN
thought that if federal requirements changed then this would have
to be rewritten. She stated that she did not know what the common
procedure was.
SENATOR ELLIS inquired as to the location of the removal or
dismissal standards in SB 117. STAN RIDGEWAY stated that there is
not a dismissal standard; the members are appointed for three year
staggered terms. A member can only serve two consecutive terms.
SENATOR ELLIS emphasized that a dismissal standard has to be
addressed in some manner.
SENATOR MILLER explained that if a dismissal standard is not
specified then it would be at the pleasure of the governor.
CHAIRMAN GREEN assumed that when reasons for dismissal are listed
another problem would be created.
SENATOR SALO suggested that this concern could be handled by
inserting the language, "All members serve at the pleasure of the
governor." on page 3, line 20.
CHAIRMAN GREEN stated that the amendments could be drafted for
Wednesday. SENATOR LEMAN pointed out that the next committee of
referral for SB 117 was Senate Finance and his issue could be
addressed in that committee.
Number 298
SENATOR SALO moved her amendment, Amendment 1, which would insert
the sentence, "All members shall serve at the pleasure of the
governor." at the end of Section 3, line 20.
STAN RIDGEWAY noted that federal law covers that; the governor
appoints the board. He noted that each member of the board had
been asked to resubmit an application to the governor's office for
possible reappointment.
CHAIRMAN GREEN explained that sometimes boards are bound by
overriding federal laws which would be complicated with the
addition of language encompassed in the amendment.
SENATOR ELLIS stated that if the language is the same as the
federal law, then the amendment should not be a problem.
STAN RIDGEWAY did not foresee any conflict.
CHAIRMAN GREEN inquired as to the pleasure of the committee
regarding Amendment 1. Hearing no objection, Amendment 1 was
adopted.
SENATOR MILLER moved that CS SB 117(HES) be moved out of committee
with individual recommendations. Hearing no objection, it was so
ordered.
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