01/31/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES

HB 357-STATUTORY REFERENCES TO DISABILITIES                                                                                   
                                                                                                                                
3:06:38 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."                                                                                                                          
                                                                                                                                
AARON DANIELSON,  Intern for Representative Wilson,  Alaska State                                                               
Legislature,  reminded the  committee that  Representative Wilson                                                               
introduced HB  357 on  behalf of the  disabled community  and the                                                               
Department  of  Labor  &  Workforce   Development  (DLWD).    The                                                               
legislation modifies  several existing statutes by  replacing the                                                               
term "handicapped" with  "person with a disability."   In lieu of                                                               
the  amendment discussed  at  the  last hearing  on  HB 357,  the                                                               
sponsor  has provided  a committee  substitute  (CS), he  pointed                                                               
out.                                                                                                                            
                                                                                                                                
3:09:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  adopt  CSHB  357, Version  24-                                                               
LS1407\G,  Bannister, 1/30/06,  as the  working document.   There                                                               
being no objection, Version G was before the committee.                                                                         
                                                                                                                                
CHAIR  WILSON explained  that Version  G encompasses  the changes                                                               
discussed last week.   On page 2, line 3,  the language "students                                                           
who are deaf" was inserted.   On page 13, lines 6-7, the language                                                           
"persons  with  developmental   disabilities,  persons  who  are"                                                       
replaces the  language "the developmentally  disabled, the".   On                                                               
page 3,  lines 9-10, the  language "persons with  mental illness,                                                           
persons with  physical disabilities"  replaces the  language "the                                                           
mentally ill, the  physically handicapped".  On page  2, line 11,                                                               
the language  "persons with  substance abuse  disorders" replaces                                                           
the language "alcoholic and drug addicts".   On page 17, line 27,                                                               
of HB 357 the language "disabled" was replaced with "impaired".                                                         
                                                                                                                                
REPRESENTATIVE SEATON turned attention to  page 2, lines 5-6, and                                                               
asked  if  the language  "health-impaired  in  other ways"  is  a                                                           
catchall.   He expressed  the need  to be sure  that there  is no                                                               
designation that could mean that  someone who is merely ill could                                                               
be   categorized   as  health-impaired.      He   asked  if   the                                                               
aforementioned language on  page 2, lines 5-6,  would qualify ill                                                               
individuals  for special  education  services  meant for  persons                                                               
with disabilities.                                                                                                              
                                                                                                                                
CHAIR WILSON  opined that although  the wordage was  changed, the                                                               
meaning was not.                                                                                                                
                                                                                                                                
3:15:40 PM                                                                                                                    
                                                                                                                                
BILL  HOGAN, Deputy  Commissioner,  Office  of the  Commissioner,                                                               
Department of  Health and Social Services  (DHSS), explained that                                                               
usually  a medical  condition doesn't  qualify an  individual for                                                               
special education services.  Typically,  the medical condition as                                                               
well  as  a functional  impairment  qualifies  an individual  for                                                               
special  education  services.    In  response  to  Representative                                                               
Seaton, Mr. Hogan said that's how he would read this language.                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON  moved to  report  CSHB  357, Version  24-                                                               
LS1407\G, Bannister,  1/30/06, out  of committee  with individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB  357(HES) was reported from  the House Health,                                                               
Education and Social Services Standing Committee.