Legislature(2013 - 2014)CAPITOL 106
02/05/2013 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 88-STATUTORY REFS TO MENTAL RETARDATION
3:09:07 PM
CHAIR HIGGINS announced that the only order of business would be
HOUSE BILL NO. 88, "An Act changing the terms 'mental
retardation' and 'mentally retarded,' and making conforming
changes, in Alaska Statutes."
3:09:34 PM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 88, labeled 28-LS0400\U, Mischel, 2/5/13,
as the working document. There being no objection, it was so
ordered.
3:09:58 PM
REPRESENTATIVE CHARISSE MILLETT, Alaska State Legislature,
stated that both proposed HB 88 and the proposed CS, Version U,
would change the use of the clinical terms "mental retardation"
and "mentally retarded" in Alaska statutes. She declared that,
as these have now become derogatory terms, proposed HB 88 would
change this language to a more inclusive and respectful language
for people with disabilities. She referenced proposed HB 88 as
the "people first" bill, and pointed out that this language had
been changed in 40 other states.
3:10:59 PM
VASILIOS GIALOPSOS, Staff, Representative Charisse Millett,
Alaska State Legislature, explained that the two fundamental
changes contained in the proposed committee substitute, Version
U, were on page 14 and page 15. Directing attention to page 14,
line 23, he stated that this would clarify that the intent of
the rule of construction by the legislator was not to change the
diagnosis for "intellectual or developmental disabilities," or
the conditions of competency before courts. He explained that
"this is a change of labels," as the intent of the original term
had now become a derogation. He emphasized that Version U did
not change or constrict the provisions of state services or the
scope of the Department of Law. He moved on to explain page 14,
line 29, which dealt with the changes to language in the Alaska
Administrative Codes, and clarified that there would not be any
fiscal burden.
3:14:06 PM
CHAIR HIGGINS, in response to Mr. Gialopsos, asked for a broad
overview of the proposed bill.
MR. GIALOPSOS explained that proposed HB 88 identified the term
"mentally retarded" in the Alaska statutes and substituted that
term with "intellectual and developmental disabilities." He
pointed out that nothing was changed with regard to the
conditions or standards of competency. He emphasized that only
the label would be changed.
3:15:10 PM
REPRESENTATIVE PRUITT, referring to the analysis of the
Department of Health and Social Services fiscal note prepared by
Melissa Stone, [Included in members' packets] asked if this had
been addressed by the proposed CS, Version U.
REPRESENTATIVE MILLETT replied that the new regulation language
in Version U did address this fiscal note analysis, and would be
reflected in a new fiscal note.
3:16:47 PM
REPRESENTATIVE SEATON asked if the replacement term
"intellectual and developmental disabilities" would require both
disabilities to qualify, as it did not read "and/or".
REPRESENTATIVE MILLETT replied that only the term was replaced,
and it did not expand the definition, or change the civil or
criminal code. She stated that there was not any implication
for proof.
3:18:21 PM
REPRESENTATIVE SEATON asked for the Department of Law to put on
the record that it was not necessary to fit into both of the
categories.
3:19:06 PM
WILDA LAUGHLIN, Special Assistance, Office of the Commissioner,
Department of Health and Social Services (DHSS), clarified that
Version U would "zero out both of our fiscal notes."
3:20:06 PM
STACIE KRALY, Chief Assistant Attorney General - Statewide
Section Supervisor, Human Services Section, Civil Division
(Juneau), Department of Law (DOL), in response to an earlier
question by Representative Seaton, said that "historically the
phrase 'mental retardation' would encompass both individuals
with mental and developmental disabilities." She clarified that
this substitution of term was not meant to expand or change the
definition, and would encompass both conditions.
3:21:02 PM
REPRESENTATIVE SEATON asked to clarify that, as the term had
previously covered intellectual or developmental, it was not
necessary to now have both intellectual and development
disabilities in order to qualify.
MS. KRALY, in response, opined that this was simply a switch of
phrase.
3:22:05 PM
REPRESENTATIVE SEATON asked to clarify that this was not a
contraction. He noted that having this on the record was very
important for legislative history.
3:22:26 PM
REPRESENTATIVE TARR, directing attention to the fiscal notes,
asked if a fiscal note was necessary from the Division of Senior
and Disabilities Services in DHSS.
MS. LAUGHLIN replied that there was not a cost to that division.
REPRESENTATIVE TARR asked if there was a cost to the Governor's
Council on Disabilities & Special Education.
MS. LAUGHLIN, in response, said that there was not a cost.
3:22:55 PM
REPRESENTATIVE KELLER asked to clarify that "physical"
disabilities were not included in this bill.
MS. KRALY expressed her agreement.
3:23:28 PM
CHAIR HIGGINS opened public testimony.
3:24:04 PM
MILLIE RYAN, Executive Director, REACH, Inc., stated that REACH,
and the 400 individuals with disabilities that REACH served,
strongly supported the proposed bill. She said that replacing
hurtful language was more than semantics. She shared that a
change for the way we talk to people was a first step toward
valuing them as contributing members of the community. She
offered her belief that hurtful language could limit the
expectations that people had for themselves. She declared that
many more federal and state agencies were embracing these
changes in language.
3:25:26 PM
CHRIS BRENNER shared that he was 23 years old and had been a
client at REACH since he was 6 years old and labeled as mentally
retarded. He stated that since that time he had been made fun
of and treated differently. He expressed that the label upset
him, and that he did not like the word. He pointed out that
most people associated the label "mentally retarded" as dumb, or
not as smart or capable as everyone else. He declared that he
was as capable of success as others, noting that he worked full
time, paid rent and taxes, and was his own conservator. He
shared that most of his friends felt judged and looked down upon
because of this label. He strongly urged for this change in
terms, and he stated:
It will make people feel better about themselves, it
will make it so that some younger people will not have
to grow up with this label, and feel judged. I'm not
dumb, my friends aren't dumb. I'm independent and
this word makes people feel demeaned and that they're
not independent. This word is wrong and it needs to
be changed, so we can change peoples' lives.
3:27:43 PM
KIM CHAMPNEY, President, Alaska Association on Development
Disabilities (AADD), reported that AADD represented about 40
provider agencies in Alaska. She declared that AADD
"wholeheartedly" supported proposed HB 88. She noted that AADD
already used this language with the provider agencies.
3:28:52 PM
ERIC GEBHARDT, Chair, Governor's Council on Disabilities and
Special Education, explained that the Council advised the state
on issues that affected individuals with developmental
disabilities. He declared that the mission of the Council was
to create change that would improve the lives of individuals
with disabilities. He declared that the Council supported HB
88. He affirmed that language could be a powerful tool to
inspire, motivate, and uplift. He pointed out that
"retardation" was used as an insult and as a negative
stereotype. He reported that "mental retardation" was an
example for the negative evolution of a word, as it had been
created to replace other negative stereotype words which had
characterized and insulted people. He asked the committee to
"remember that as leaders you can also influence policies that
will eliminate stereotypes that determine where a person will be
educated, encourage high expectations of students with
disabilities, and eliminate barriers to graduation." He noted
that many states had changed their statutes and were now
replacing "old negative language" with "people first language."
3:33:25 PM
REPRESENTATIVE TARR asked if the Council had outreach resources
to educate students about the importance of language.
MR. GEBHARDT, in response, said that there was the capacity to
communicate with organizations, and the Council did help to
create, though he was unsure if there were resources for
printing and distribution.
3:34:51 PM
REPRESENTATIVE TARR declared that she would like to see more
outreach for change.
3:35:07 PM
REPRESENTATIVE REINBOLD suggested that this could be tied in
with the anti-bullying initiatives.
MR. GEBHARDT voiced his agreement that negative language was a
form of bullying. He mentioned that student governments had
also discussed elimination of the term "retardation" in schools.
3:36:28 PM
RICK NELSON, Vice Chair, Governor's Council on Disabilities and
Special Education, offered his personal story and said that he
supported HB 88 "with a passion." He shared that, as he had a
developmental disability, he had always been teased, made fun
of, and called retarded. He declared that he had always tried
to fight the battles to not be called that. He clarified that
he was a very intellectual person with a disability, and he did
not want to be labeled as something that he was not. He
announced that he was graduating from University of Alaska
Anchorage (UAA) in May, with a grade point average of 3.2, and a
Bachelor's degree in business administration and management. He
endorsed the change of term from mental retardation to
intellectual and developmental disabilities.
3:40:49 PM
KALEENE LAMB, Wall Busters Advocacy Group, Access Alaska,
offered her personal story, and shared that she was teased as a
child. She expressed her support for HB 88, so that kids would
not have to go through this same teasing. She reflected that
she could not go to school, and it took her "a long time just to
get where I'm at now." She acknowledged that although it was
just a label, and she expressed her dislike for labels, she
would appreciate a change of this label.
3:42:35 PM
CAROLE ANDERSON, Chair, Challenge Alaska Board of Directors,
affirmed that language was a powerful tool that could inspire
and motivate, or it could isolate, bully, and cause emotional
damage. She pointed to the negative influences and associated
stigma from the term "retardation." She shared a quote: "words
are a form of action, capable of influencing change." She
reported that the generalized term, "mental retardation," was
characterized as having sufficiently impaired cognitive
function, and historically defined as having an IQ below 70.
She referred to the negative word evolution, or the "euphemism
treadmill," which she defined as the eventual use as an insult
for any word used to describe a condition. She pointed out that
the term "mental retardation" was now recognized as disparaging,
and the term "intellectual disability" or intellectually
challenged" was now preferred. She reported that many states
were now using "people first" language for new or rewritten
statutes, and she requested that Alaska follow this lead.
3:46:38 PM
MS. ANDERSON, in response to Representative Tarr, said that she
supported proposed HB 88, and she asked (indisc) if Rosa's Law
was an inspiration for the proposed bill.
3:48:12 PM
CHAIR HIGGINS closed public testimony.
3:48:30 PM
The committee took a brief at-ease.
3:50:38 PM
CHAIR HIGGINS called the committee back to order.
REPRESENTATIVE PRUITT asked to confirm that the upcoming fiscal
notes would address Version U.
MS. LAUGHLIN, in response to Representative Pruitt, confirmed
that Version U would create zero fiscal notes.
3:51:49 PM
REPRESENTATIVE KELLER moved to report CSHB 88, Version 28-
LS0400\U, Mischel, 2/5/13, out of committee with individual
recommendations and the accompanying zero fiscal notes. There
being no objection, CSHB 88(HSS) was moved from the House Health
and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB088 Sectional Analysis - Ver A.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Sponsor Statement.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Ver A.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Fiscal Note-DCCED-CBPL-02-01-13.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Fiscal Note-EED-TLS-2-1-13.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Letter of Support - ACLU 2013-02-04.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Fiscal Note-DHSS-API-2-4-13.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Fiscal Note-DHSS-ASS-2-2-13.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Letter of Support - DLC 2013-02-05.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |
| HB088 Draft Proposed CS Ver U.pdf |
HHSS 2/5/2013 3:00:00 PM |
HB 88 |