Legislature(2005 - 2006)CAPITOL 106
01/24/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB357 | |
| HB271 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 271 | TELECONFERENCED | |
| *+ | HB 357 | TELECONFERENCED | |
HB 357-STATUTORY REFERENCES TO DISABILITIES 3:09:53 PM CHAIR WILSON announced that the first order of business would be HOUSE BILL NO. 357, "An Act updating the terminology in statutes for persons with disabilities; and providing for an effective date." [CHAIR WILSON passed the gavel to Vice Chair Seaton, for the duration of the meeting.] 3:13:42 PM CHAIR WILSON, speaking as the prime sponsor of HB 357, paraphrased from the following written sponsor statement [original punctuation provided]: After the Americans 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 Statues 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 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 South- East Alaska Independent Living Center, which represent 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. I ask for your support of HB 357 to update and modernize the language that is in our Alaska Statutes. 3:16:14 PM CHAIR WILSON paraphrased a letter submitted by Joan O'Keefe, Executive Director, Southeast Alaska Independent Living, [original punctuation provided]: We strongly urge the removal of the word "handicap" from the legal vocabulary, noting it as a slur and reference to begging for food (cap in hand) as our people had to do less than 100 years ago. Other terms such as "mental disabilities" and "emotionally disturbed" can be described differently and positively as "cognitive disabilities" and "emotional disabilities." American culture consistently redefines itself through language and sub-cultures often use language to redefine themselves. Negroes became blacks then African-Americans. Homosexuals chose the term "gay" for themselves. People with disabilities have done the same during the years, attempting to fight stereotypes and negative imagery. Through all the changes, person-first language has become the most effective and descriptive of all choices. As the House Bill 357 passes from committee to committee, please keep in mind that we are all people first. Some people have red hair, some blue eyes; some are persons with developmental disabilities and some are persons who experience low vision. Yet underneath it all, we are simply human beings. It is in this vein we urge your support of House Bill 357. 3:17:55 PM GALE SINNOT, Director, Division of Vocational Rehabilitation, Department of Labor & Workforce Development (DLWD), stated support for HB 357. She named the various state agencies that would benefit from HB 357, and said that the word handicapped is an archaic term which invokes a negative response versus terminology which reflects abilities. In response to questions, she explained why the term "handicapped" is considered archaic and provided the root of its meaning. She related that "persons with disabilities" would not like to be referred to as "handicapped." 3:23:03 PM KEVIN GADSEY, Independent Living Specialist and Counselor, Southeast Alaska Independent Living (SAIL), expressed his support of HB 357 stating that it represents the best option of terminology available. He requested additional changes as follows: page 2, line 6, replace "emotionally disturbed" with "emotional disability"; page 2, line 20, replace "mental retardation" with "developmental or cognitive disability"; page 17, line 28, replace "emotionally disturbed" with "emotional disability". He emphasized that [Alaska's State Statute] terminology needs to be contemporary across the board and utilize the standard that is used throughout the nation and preferred by the people characterized by its usage. In response to a question, he stated that the rule of thumb is to be as specific as possible in the description [of the disability] and when possible to name the limitation. He highlighted the importance of being recognized as a person prior to being categorized by terminology. He said that misuse of language may also cause stereotypes. 3:29:51 PM REPRESENTATIVE GATTO asked whether pregnant women/mothers with toddlers should be legally allowed to use parking spaces designated for the handicapped. MR. GADSEY opined that pregnancy could be seen as a temporary disability. To further questions, he clarified his recommended terminology changes for HB 357, and added that the words "serious" or "severe" should be changed to "significant". He said that in using terminology it is important to find common ground when addressing people of any disposition. 3:39:02 PM CARRIE PRADEGER, Health and Social Services Planner, Governor's Council on Disabilities and Special Education, Department of Health and Social Services, stated support ("Council") for HB 357 and requested that the bill also include language that would respectfully address seniors, mental health patients, and substance abusers. She noted that the committee packet should include a letter from Kathleen Fitzgerald, Chair, Governor's Council on Disabilities and Special Education, DHSS, which specifies the proposed changes. VICE CHAIR SEATON stated that the changes are included in the committee packet in the form of a conceptual amendment. He reviewed the terms being discussed for change as follows: "mentally disturbed" changed to "emotional disability"; "those who are ill" changed to "with an infirmity"; and "mental retardation" changed to either "cognitive disability" or "developmental disability". He also reviewed the pages and lines where the terms "aged," "infirm," or "alcoholics" and "drug addicts" appear in HB 357. He then asked for the Council's preferred replacement for "infirm". MS. PRADEGER clarified that the Council suggests that "infirm" be changed to "someone with an illness". However, she conceded that additional "wordsmithing" may be necessary. 3:45:12 PM REPRESENTATIVE GARDNER suggested that when referring to a person who is frail, or with constricted movement, the term "infirmity" might be appropriate rather than "ill." MS. PRADEGER agreed, and pointed out that "aged" should be "seniors," and putting "person" before the defining term is the Council's primary concern such that the language would read: "persons with developmental disabilities"; "persons who are blind"; "persons with mental illness"; and "persons with substance abuse disorders" or "persons with behavioral health/substance abuse issues". REPRESENTATIVE CISSNA suggested that it may be helpful to have a written source for the acceptable language commonly in use in this arena, which would be helpful to avoid conflicts when implementing the appropriate terminology. 3:49:06 PM CHAIR WILSON pointed out that [the bill packet] includes an example of how Minnesota has dealt with updating its statutes to reflect the currently preferred terms. She highlighted the unanimity in having the word "person" preceding any defining term, but stated that there does not seem to be a strict standard, as every state deals with it slightly different. In response to a question, she stated that it would be important to comply with federal terminology, especially regarding the use of the term "disorder," to avoid unnecessary conflict resulting in program funding issues. 3:52:00 PM CHAIR WILSON moved to adopt Amendment 1, which read [original punctuation provided]: Page 2, line 3: "(A) itinerant outreach services to students who are deaf, deaf-blind, mentally… " Page 2, line 6: "… disturbed (and) or students with multiple disabilities;" Page 9, line 3 & 4 "… and usable by persons with disabilities (and by the aged,) seniors or (infirm) those who are ill." Page 9, line 12 & 13: " … a person with a disability (or an) a (aged) senior citizen or (infirm( ill passenger…" Page 9, line 22:" (aged) seniors or( infirm) ill passengers." Page 9, line 25: "…disabilities and by (aged) seniors or (infirm) ill passengers,…" Page 10, line 4: "…aged or (infirm) ill." Page 13, line 6, 7 & 8: "… services designed to meet the (special) needs of children with disabilities, (the aged) seniors, (the) persons with (developmentally) developmental (disabled) disabilities, (the blind) persons who are blind, (the mentally ill) persons with mental illness, person with physical disabilities, and (alcoholics and drug addicts) persons with substance abuse disorders." Page 17, line 27: " hearing, deaf, speech impaired, visually (disabled) impaired, seriously…" CHAIR WILSON indicated the need to take more time to review the changes encompassed in Amendment 1. [The committee treated the motion to adopt Amendment 1 as withdrawn.] VICE CHAIR SEATON asked for agreement to change the language "emotionally disturbed" to "a person with emotional disability," and "or infirm" to "a person with an infirmity," as indicated in the amendment. 3:54:24 PM REPRESENTATIVE GATTO questioned whether inserting the word "senior" in place of "aged" provides a useful characterization, because the term "senior" affords various opportunities, and is based on differing ages. He pointed out that the term "senior" is not defined in the legislation. REPRESENTATIVE GARDNER stated that if the change were being made from "infirm" to "people with an infirmity," perhaps the word "senior" could be omitted. Therefore, able-bodied seniors would not fall under the statute. 3:57:23 PM VICE CHAIR SEATON directed the committee's attention to each line of HB 357 that was being amended [all pages and lines previously annotated in this text]. He requested committee consensus on the terms that were suggested for consideration from the Governor's Council and SAIL for the amendment re-write, and he asked for any other observations and suggestions from the committee. REPRESENTATIVE GATTO pointed out that on page 17, line 27, of the amendment, the word "disabled" is removed and substituted with "impaired", but in the bill "handicapped" is removed and "disabled" is substituted. CHAIR WILSON explained that in narrowing the area down to visual problems the preferred term is "visually impaired" versus "visually disabled", as submitted by the Governor's Council on Disabilities and Special Education, but she said that she would check on behalf of the committee for clarity. VICE CHAIR SEATON stated his intent to have HB 357 before the committee again, with the suggested re-writes, on Thursday [January 26, 2006].
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