Legislature(1997 - 1998)

02/04/1998 09:00 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                   
                         February 4, 1998                                      
                            9:00 a.m.                                          
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Gary Wilken, Chairman                                                  
Senator Loren Leman, Vice-Chairman                                             
Senator Lyda Green                                                             
Senator Johnny Ellis                                                           
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Jerry Ward                                                             
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE CONCURRENT RESOLUTION NO. 19                                            
Relating to the use of prototype designs in public school                      
construction projects.                                                         
     MOVED CSSCR 19(HES)am OUT OF COMMITTEE                                    
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 19                                             
Relating to the Alaska Council of Deaf, Hard of Hearing, and                   
Deaf/Blind.                                                                    
     MOVED SCSHCR 19(HES) OUT OF COMMITTEE                                     
                                                                               
SENATE BILL NO. 241                                                            
"An Act relating to a tax credit program for postsecondary colleges            
or universities; and providing for an effective date."                         
     HEARD AND HELD                                                            
                                                                               
CS FOR HOUSE BILL NO. 170(HES)                                                 
"An Act relating to interference with the rights of physically and             
mentally challenged persons; and relating to service animals during            
their pre-training and training period."                                       
     MOVED SCSCSHB 170(HES) OUT OF COMMITTEE                                   
                                                                               
SENATE CONCURRENT RESOLUTION NO. 14                                            
Establishing the Alaska Task Force on Parity for Mental Health.                
     HEARD AND HELD                                                            
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SCR 14 - See HESS minutes dated 4/30/97 and 1/30/98.                           
                                                                               
SCR 19 - See HESS minutes dated 1/28/98.                                       
                                                                               
SB 241 - No previous action.                                                   
                                                                               
HB 170 - See Senate HESS minutes dated 1/23/98.                                
                                                                               
HCR 19 - No previous action.                                                   
                                                                               
WITNESS REGISTER                                                               
                                                                               
Mike Morgan                                                                    
Facilities Section                                                             
Department of Education                                                        
801 W 10th St., Suite 200                                                      
Juneau, Alaska  99801-1894                                                     
POSITION STATEMENT: Supports SCR 19                                            
                                                                               
Elmer Rasmussen                                                                
                                                                               
POSITION STATEMENT:  Supports SB 241                                           
                                                                               
Loralei Meier                                                                  
Staff to Senator Leman                                                         
Alaska State Capitol                                                           
Juneau, Alaska 99801-1182                                                      
POSITION STATEMENT:  Answered questions about SB 241                           
                                                                               
Bob Bartholomew                                                                
Income and Excise Audit Division                                               
Department of Revenue                                                          
P.O. Box 110420                                                                
Juneau, Alaska  99811-0420                                                     
POSITION STATEMENT:  Commented on SB 241                                       
                                                                               
Joe Hayes                                                                      
Staff to Representative Brice                                                  
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT:  Commented on HB 170                                       
                                                                               
Darrell Campbell                                                               
Center for Deaf Adults                                                         
731 Gambell, #200                                                              
Anchorage, Alaska  99501                                                       
POSITION STATEMENT:  Supports HCR 19 and HB 170                                
                                                                               
Suzanne Price                                                                  
Leader Dog                                                                     
Box 84951                                                                      
Fairbanks, Alaska  99708                                                       
POSITION STATEMENT:  Commented on HB 170                                       
                                                                               
Roger Hansen                                                                   
4-H Club                                                                       
1887 Southern                                                                  
Fairbanks, Alaska  99709                                                       
POSITION STATEMENT:  Supports SCSHB 170(HES)                                   
                                                                               
Ruby Schmidtbauer                                                              
Box 306                                                                        
Ninilchik, Alaska  99639                                                       
POSITION STATEMENT:  Supports SCSHB 170(HES)                                   
                                                                               
Linda Athons                                                                   
P.O. Box 3521                                                                  
Soldotna, Alaska  99669                                                        
POSITION STATEMENT:  Supports SCSHB 170(HES)                                   
                                                                               
Rae Baggen                                                                     
Southeast Alaska Independent Living                                            
5311 Halibut Point Road                                                        
Sitka, Alaska  99835                                                           
POSITION STATEMENT:  Supports SCSHB 170(HES)                                   
                                                                               
Becky Rawson                                                                   
Southeast Alaska Independent Living                                            
P.O. Box 35097                                                                 
Juneau, Alaska  99803                                                          
POSITION STATEMENT:   Supports SCSHB 170(HES) and HCR 19                       
                                                                               
Cheryl Hull                                                                    
Southeast Alaska Independent Living                                            
P.O. Box 35097                                                                 
Juneau, Alaska  99803                                                          
POSITION STATEMENT:   Supports SCSHB 170(HES)                                  
                                                                               
Dan Saddler                                                                    
Staff to Representative Bunde                                                  
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT:  Testified on HCR 19 for the sponsor                       
                                                                               
Dwayne French                                                                  
Division of Vocational Rehabilitation                                          
Department of Education                                                        
1016 West 6th Ave., #205                                                       
Anchorage, Alaska  99501                                                       
POSITION STATEMENT:  Supports HCR 19                                           
                                                                               
Nan Truitt                                                                     
405 West 36th, #102                                                            
Anchorage, Alaska  99503                                                       
POSITION STATEMENT:   Supports HCR 19                                          
                                                                               
Richard Kibby                                                                  
405 West 36th, #102                                                            
Anchorage, Alaska  99503                                                       
POSITION STATEMENT:  Supports HCR 19                                           
                                                                               
Duane Mays                                                                     
Division of Vocational Rehabilitation                                          
Department of Education                                                        
1016 West 6th Ave., #205                                                       
Anchorage, Alaska  99501                                                       
POSITION STATEMENT:  Supports HCR 19                                           
                                                                               
Suellen Bahleda                                                                
17450 Rachel Ave.                                                              
Anchorage, Alaska  99577                                                       
POSITION STATEMENT:  Supports HCR 19                                           
                                                                               
Kaya Kaya                                                                      
122 1st Avenue                                                                 
Fairbanks, Alaska  99701                                                       
POSITION STATEMENT:  Supports HCR 19                                           
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-8, SIDE A                                                              
Number 001                                                                     
                                                                               
CHAIRMAN WILKEN called the Senate Health, Education and Social                 
Services (HESS) Committee to order at 9:07 a.m. and recognized the             
presence of Senators Leman, Ward and Ellis.  He announced the order            
of business would be SCR 19, SCR 14, HB 170, SB 241 and HCR 19 but             
stated the committee substitute for SCR 14 had only arrived ten                
minutes prior to the meeting, so although it will be discussed, he             
did not plan to take action on that measure today.                             
                 SCR 19 - PROTOTYPE SCHOOL DESIGN                              
SENATOR LEMAN moved to adopt CSSCR 19(HES), version B, as the                  
working document of the committee.  There being no objection, the              
motion carried.                                                                
                                                                               
CHAIRMAN WILKEN explained the changes made in the committee                    
substitute as follows.                                                         
     -On page 1, line 6, the word "critical" was changed to                    
     "crucial," and lines 14 and 15 contain some style changes for             
     names.                                                                    
     -On page 2, lines 1 through 6 contain suggestions submitted by            
     Mr. Mackler, and line 7 addresses subarctic and arctic                    
     environments.                                                             
     -On page 2, lines 13 through 16 specify that the resolution is            
     limited to K-6 schools and requires that engineering and                  
     design professionals who reside within the State are consulted            
     on the prototype designs.                                                 
     -On line 19, language was added to require that the Bond                  
     Reimbursement and Grant Review Committee be consulted, and                
     language on lines 23 through 26 allows for the use of                     
     prototype components in designs when complete prototype                   
     designs are unsuitable.                                                   
                                                                               
SENATOR LEMAN stated he would prefer the resolve clause, on page 2,            
lines 13 - 17, to request the Governor to direct the Department of             
Education (DOE) to evaluate the advisability of the use of                     
prototype school designs, because DOE has concluded, from past                 
experience, that a statewide application may be inappropriate.  He             
believed it is totally appropriate for individual school districts             
to develop prototype designs for their own use.  He suggested the              
following language changes:                                                    
     - on line 15, insert the word "architecture" before "design               
     professionals;                                                            
     - on line 16, change "climate and conditions" to "climatic                
     conditions".                                                              
                                                                               
Number 140                                                                     
                                                                               
SENATOR ELLIS said he supports the last change suggested by Senator            
Leman because that language covers a concern raised in previous                
testimony about seismic conditions.  He questioned whether other               
types of design professionals will be excluded if the term                     
"engineering and architect design professionals" is used.  SENATOR             
LEMAN said he was not aware of any, but asked participants to let              
him know.                                                                      
                                                                               
MIKE MORGAN, Facilities Manager for DOE, thought Senator Leman's               
language covers the full spectrum of engineering and architectural             
services.  SENATOR LEMAN said specialties, such as corrosion and               
acoustics, would be covered within that language.                              
                                                                               
SENATOR ELLIS suggested using the phrase "statewide association of             
design professionals" instead to guarantee that DOE gets a wider               
geographical perspective.  Otherwise, DOE could meet the                       
requirement by consulting with one engineer and one architect.                 
SENATOR ELLIS also questioned why the resolution specifies that                
prototypical designs be developed for K-6 schools only.                        
                                                                               
CHAIRMAN WILKEN answered that junior highs and high schools are                
programmatically much more difficult to build and much more                    
demanding.  Most elementary schools offer the same core programs.              
If this effort is successful, it can be expanded to junior and high            
schools.                                                                       
                                                                               
MR. MORGAN agreed that K-6 school programs are more uniform and                
explained there is no state or national definition of the middle               
school format.  Grades can range from 5-7, 6-8, or 7-9.  As the                
grade levels change, program needs change.  At the high school                 
level, programs are structured in a variety of ways, which affects             
designs.  One factor that made the Fairbanks prototype design a                
success is that the school district applied a uniform educational              
specification to all of the schools.                                           
                                                                               
Number 207                                                                     
                                                                               
SENATOR ELLIS questioned whether the phrase "core school functions"            
is in the committee substitute.  SHEILA PETERSON, committee aide,              
answered that phrase was replaced by K-6.                                      
                                                                               
SENATOR ELLIS asked Senator Leman his opinion on whether to go with            
his original suggestion or to include the phrase "association of               
design professionals."  SENATOR LEMAN said it did not make a                   
difference to him; his intent was to incorporate the community of              
architects and engineers involved in the consultation, when design             
information is solicited.                                                      
                                                                               
MR. MORGAN said DOE would want to gather a full range of input on              
this subject, not just information from one or two professionals.              
DOE would need input from design professionals in at least the                 
three major areas of the State: Southeast, Anchorage, and                      
Fairbanks, where there are concentrations of those professionals.              
                                                                               
CHAIRMAN WILKEN asked if anyone would be excluded if the resolution            
references the statewide association.  SENATOR LEMAN said he did               
not think so.  The American Society of Civil Engineers has a                   
statewide association which is broken down into different regions.             
He assumed DOE would consult by region.                                        
                                                                               
CHAIRMAN WILKEN said that concept would be developed and                       
incorporated into a new committee substitute.                                  
                                                                               
SENATOR ELLIS noted his suggested language would be "for grades K-6            
in consultation with statewide associations for engineering and                
architecture design professionals."  CHAIRMAN WILKEN asked if                  
Senator Ellis was making a motion.  SENATOR ELLIS said not                     
necessarily, but requested the committee mull it over.  CHAIRMAN               
WILKEN asked if there was any objection from the committee to                  
Senator Ellis' suggested language.  MR. MORGAN asked if that                   
language would limit consultations to associations and prevent                 
direct queries to firms.  He assumed DOE would want to do both.                
SENATOR LEMAN agreed with Mr. Morgan's concern.  CHAIRMAN WILKEN               
said that language will be cleaned up and incorporated into a new              
committee substitute.                                                          
                                                                               
SENATOR GREEN thought the phrase "who reside in the State" might               
have unintended consequences if a firm, operating in the State of              
Alaska, had an employee residing outside of the State.  She felt               
the goal is to find a person who resides in the State and is                   
familiar with local conditions.  CHAIRMAN WILKEN said that will be             
taken into consideration in the new committee substitute.                      
                                                                               
MR. MORGAN said he had no further testimony and that DOE supports              
the bill.                                                                      
          SCR 14 - PARITY FOR MENTAL HEALTH TASK FORCE                         
                                                                               
CHAIRMAN WILKEN noted no teleconference participants were available            
to testify on SCR 14 at this time.                                             
                                                                               
SENATOR ELLIS asked committee members to read written testimony, in            
their files, from a family in Kodiak that puts a human face on the             
issue of parity.                                                               
                                                                               
SENATOR GREEN said she read an article in a recent issue of                    
Newsweek about the growing definition of mental illness and how                
that definition may become ever broader.  She asked committee                  
members to consider requiring the task force to focus on a                     
description of illnesses covered by this resolution.                           
                                                                               
SENATOR LEMAN added he would like the task force to address the                
issue of quantification.                                                       
                                                                               
Number 328                                                                     
                                                                               
CHAIRMAN WILKEN said a component of the committee substitute                   
addresses that issue.  He announced SCR 14 would be held in                    
committee at this time.                                                        
            SB 241 - POSTSECONDARY SCHOOL TAX CREDIT                           
                                                                               
SENATOR LEMAN, sponsor of SB 241, explained the legislation                    
establishes equity between regionally accredited and nationally                
accredited institutions.  He thought the lack of equity was                    
probably an oversight by the Legislature when the issue was last               
addressed in 1991.  There are nationally accredited institutions               
within the State of Alaska that do not meet the letter of the law              
for regional accreditation; the Department of Revenue will not                 
grant the same tax benefits provided to regionally accredited                  
institutions unless the law is changed.                                        
                                                                               
ELMER RASMUSSEN testified via teleconference from California and               
agreed with Senator Leman's testimony.  He stated he has been a                
supporter of the Alaska Bible College for many years; his last                 
donation was $100,000 over three years to build dormitories.  The              
Alaska Bible College recently learned it is not a qualified                    
institution to receive tax deductible donations under the higher               
education act because it is not regionally accredited.  Mr.                    
Rasmussen said he spoke with Bill Sheffield about the distinction,             
because the original bill was enacted during his administration.               
Mr. Sheffield did not recall any reason for the distinction.  Mr.              
Rasmussen supports the bill because he would like to see the Alaska            
Bible College be eligible for tax deductible donations.                        
                                                                               
SENATOR LEMAN noted this particular change of law will not affect              
Mr. Rasmussen personally but will affect other taxpayers in the                
State, such as oil companies and banks.  MR. RASMUSSEN said                    
individuals do not pay State income tax, but corporations do; this             
legislation will help the Alaska Bible College receive support from            
others.                                                                        
                                                                               
Number 389                                                                     
                                                                               
LORALEI MEIER, staff to Senator Leman, explained in 1987 a tax                 
credit program was established to encourage funding for direct                 
instruction, research, education support purposes, etc.  In 1991,              
two amendments were made: one expanded the available credits; the              
second restricted participation to regionally accredited schools.              
SB 241 allows nationally accredited schools to participate in this             
tax credit program as well.  The intent of the amendments was to               
restrict participating institutions to those with regional                     
accreditation to establish a standard for participating                        
institutions.  Accreditation between regionally and nationally                 
recognized institutions is very comparable.  The Alaska Commission             
on Postsecondary Education does not make any distinction when                  
administering student loans.                                                   
                                                                               
SENATOR ELLIS asked why the Alaska Bible College does not apply for            
regional accreditation.  MS. MEIER replied it prefers the national             
accrediting association because it has like mindedness regarding               
the direction this institution wants to take.                                  
                                                                               
SENATOR ELLIS asked which national accrediting association the                 
Alaska Bible College belongs to.  MS. MEIER answered it belongs to             
the Accrediting Association of Bible Colleges.  SENATOR ELLIS asked            
if there is a regional version of that organization.  MS. MEIER                
said not to her knowledge, but said she would find out.                        
                                                                               
SENATOR ELLIS noted the institutions referred to in the bill are               
New Concepts Beauty School, Charter College, Career Academy and the            
Alaska Bible College.  He asked Ms. Meier to find out the national             
accrediting organizations for those institutions as well.                      
                                                                               
SENATOR ELLIS thought the Legislature made that decision in 1991               
based on discussions about constitutional concerns, religious                  
affiliations, and private versus public institutions.                          
                                                                               
Number 431                                                                     
                                                                               
SENATOR LEMAN said the decision to restrict was not made                       
inadvertently and it was probably well known that three                        
institutions were qualifying under regional accreditation: Alaska              
Pacific University, Sheldon Jackson College, and the University of             
Alaska.  He recalled that the discussion revolved around setting               
standards for institutions to be eligible for the tax credit                   
program.  It may have been the intent of representatives of those              
institutions that it be limited, but he did not believe it was                 
based on arguments of constitutionality because two of those                   
institutions have religious affiliations.  At the time he had not              
explored the different mechanisms involved in regional and national            
accreditation but has since learned that they accomplish                       
essentially the same thing as long as they use comparable                      
standards.                                                                     
                                                                               
SENATOR ELLIS asked which accreditation program is more rigorous.              
MS. MEIER said the difference between the two is not based on                  
difficulty, but on different ways of going about it.  Regional                 
accrediting associations base their accreditation on regional                  
issues while national accrediting associations are more focussed on            
general issues.                                                                
                                                                               
SENATOR LEMAN stated the standards required by the Accrediting                 
Association of Bible Colleges are comparable to those of the                   
regional accreditation associations.  He thought the Alaska Bible              
College might not have regional accreditation due to the cost.                 
                                                                               
Number 476                                                                     
                                                                               
BOB BARTHOLOMEW, Assistant Director of the Income and Excise Tax               
Division, Department of Revenue, offered to answer questions                   
related to the fiscal note.  He noted page 4 of the fiscal note                
contains a range from zero to $130,000 in loss of revenue.  The                
division had to make assumptions to come up with an estimate, so               
used that range.  Projecting whether new corporations would add to             
the pool of contributions to colleges or whether current corporate             
donors would shift their contributions was difficult.                          
                                                                               
MR. BARTHOLOMEW informed committee members a second tax bill, SB
140, deals with the current tax credit program and raises the                  
$200,000 limit in the amount that can be contributed to individual             
colleges.  It also allows a tax credit for contributions to K-12               
public schools.  The intent was to expand the dollar amounts that              
can be contributed to higher education, and to expand the pool of              
eligible schools to include K-12 public schools.                               
                                                                               
CHAIRMAN WILKEN asked Mr. Bartholomew about the amount of the                  
fiscal note  for SB 140.  MR. BARTHOLOMEW said it was based on the             
growth of donations experienced by educational institutions when               
the two-tier system was established.  SB 140 establishes a third               
tier so the Department of Revenue projected $2 million would go to             
education instead of the general fund.  The total contributions                
made would be $4 million, since only 50 percent of the contribution            
can be taken as a tax credit.                                                  
                                                                               
SENATOR LEMAN believed a tax credit program is a good approach                 
because it encourages contributions to educational institutions                
from those who might not otherwise contribute.                                 
                                                                               
SENATOR ELLIS encouraged Chairman Wilken to schedule SB 140 so that            
these issues can be addressed comprehensively.  He asked Senator               
Leman if he had considered using a graduated tier for these kinds              
of contributions.  SENATOR ELLIS believed there is a higher                    
compelling state interest to encourage tax credits by private                  
individuals to the University of Alaska, Alaska Pacific University             
and Sheldon Jackson College, than there is to the New Concepts                 
Beauty School.  He said he is sure it is a fine school but there is            
probably a greater public benefit to encouraging tax credits to the            
other institutions of higher learning.  He thought it unwise to put            
all of those institutions on equal footing in terms of the tax                 
credit, when a loss of state revenues will result.  He asked that              
the issue be discussed more comprehensively and that SB 140 be                 
discussed in the committee because the Legislature is the body to              
make the tough decisions on the public purpose of tax credits.                 
                                                                               
SENATOR LEMAN stated he would welcome broadening this program to               
include K-12 education, if that would enhance the chance of getting            
legislative support and support from the Administration.  Regarding            
which institutions should get the tax benefit, he thought large                
taxpayers evaluate the broad support in their organization, and                
make contributions accordingly, so it becomes a self-policing                  
mechanism.  For example, ARCO probably tries to determine what                 
institution its employees support the most and then contributes to             
that institution.                                                              
                                                                               
SENATOR ELLIS asked CHAIRMAN WILKEN what his intentions were                   
regarding SB 241.  CHAIRMAN WILKEN answered he intends to hold SB
241 and re-read SB 140.  He recalled two concerns he originally had            
with SB 140; the first was the fiscal note, the second was that                
donors wanted to specify which public school their donation went               
to, and that created problems.                                                 
       HB 170 - SERVICE ANIMALS FOR PHYS/MENT. CHALLENGED                      
                                                                               
SENATOR LEMAN moved to adopt SCSCSHB 170(HES), version P, as the               
working document before the committee.  There being no objection,              
the motion carried.                                                            
                                                                               
TAPE 98-8, SIDE B                                                              
                                                                               
CHAIRMAN WILKEN explained the changes made in version P as follows.            
     - On page 2, line 21, language was added requiring that the               
     animal be identified as a training animal.                                
     - On page 2, lines 22, 23 and 25 limit the activity to public             
     facilities only, so this bill will not apply to private                   
     enterprises.                                                              
     - On page 2, lines 30 and 31, and page 3, lines 1 through 5,              
     lists justifiable reasons to ask a service animal to leave, as            
     well as two qualifications to defend that action.                         
     - On page 3, lines 9, 10, and 16 through 19, contain                      
     definitions.  Line 20 reduces the penalty from a misdemeanor              
     to a violation.                                                           
                                                                               
SENATOR ELLIS asked why the change to eliminate private facilities.            
CHAIRMAN WILKEN answered he agreed with the argument that private              
industry should be allowed to choose whether to comply, and not be             
required to do so.  The effort behind the bill is to train guide               
dogs, and State facilities can be used to provide the same types of            
experiences found in private facilities.                                       
                                                                               
JOE HAYES, staff to Representative Brice, sponsor of HB 170, agreed            
with the Chairman's description of the changes made to the bill,               
and the reasons for those changes.                                             
                                                                               
CHAIRMAN WILKEN took teleconference testimony.                                 
                                                                               
Number 555                                                                     
                                                                               
DARRELL CAMPBELL, Interim Director of the Center for Deaf Adults in            
Anchorage, stated support for HB 170 and urged the committee to                
move the bill out of committee.                                                
                                                                               
SUZANNE PRICE, a mental health professional, stated she is                     
affiliated with Leader Dogs, an organization based in Michigan, and            
the 4-H Club.  As a trainer of service animals, she is concerned               
about the elimination of private facilities because these                      
facilities amount to about 95 percent of the places trainers need              
to take animals.  The State of Nevada has similar legislation that             
regulates what people can do in private industry every day all day             
along.  Many of the stores that currently allow access in Alaska,              
such as Fred Meyer, could change their policy.  She asked that the             
phrase "place of public accommodation, or other place to which the             
general public is invited," be reinserted in the bill.                         
                                                                               
CHAIRMAN WILKEN advised Ms. Price that he has received a lot of                
comment on this issue, and that the important thing is that a bill             
be passed that allow some training to take place.  If the private              
industry requirement is kept in the bill, it will not advance                  
through this Legislature.  He suggested it is better to take "half             
a loaf" rather than none.                                                      
                                                                               
ROGER HANSEN, a 4-H Club Leader, agreed with Chairman Wilken that              
it is important to get a bill passed this session.                             
                                                                               
RUBY SCHMIDTBAUER, representing Guide Dogs, stated she owns a guide            
dog and submitted information about guide dogs for committee files.            
She agreed half a loaf is better than nothing, and urged passage of            
the bill.                                                                      
                                                                               
LINDA ATHONS, Coordinator of the Alaska Guide Dog Puppy Project,               
noted her disappointment about eliminating the private sector but              
appreciated the committee's effort to move the legislation.                    
                                                                               
RAE BAGGEN, representing Southeast Alaska Independent Living,                  
agreed that passage of this bill is better than no legislation, and            
thanked the committee for its effort.                                          
                                                                               
CHAIRMAN WILKEN announced a packet of faxes received by his office             
over the last few days regarding this legislation was placed in                
committee members' packets.  He noted Senators Leman, Taylor, and              
Wilken signed on as cross sponsors of this bill in the Senate.                 
                                                                               
BECKY RAWSEN, Southeast Alaska Independent Living Center (SAIL)                
testified, and informed committee members she is deaf.  She spoke              
in support of HB 170, and shared the following story with members              
to demonstrate the need to pass this bill.  As a person with                   
multiple disabilities, deafness and agoraphobia, it has been a                 
struggle to be independent because she relies on family members to             
accompany her everywhere.  Her family decided it would be a good               
investment to get a service animal but she could get no guarantees             
from trainers that a dog would be suitable for her disabilities and            
that she could get a dog in less than two to three years.  Her                 
family, residing in Idaho at the time,  decided to work with a                 
local trainer and a puppy.  When traveling on the ferry from                   
Bellingham to Juneau, she was not allowed to bring her dog on the              
ferry as a service animal although she had documentation.  She                 
urged the committee to support the bill so that people can keep                
their service dogs in training with them.                                      
                                                                               
CHAIRMAN WILKEN asked Ms. Rawsen what sorts of things guide dogs do            
for one who is deaf.  MS. RAWSEN replied a hearing ear dog will                
alert the deaf person if someone knocks on the door or when the                
telephone rings.  The dog actually comes to the person, and then               
goes to the source of the sound.  In an agoraphobic situation, the             
dog is a companion to help alleviate some of the fears of being in             
public.                                                                        
                                                                               
Number 430                                                                     
                                                                               
CHERYL HULL, SAIL, encouraged committee members to pass HB 170.                
She too was disappointed with some of the changes made, but is                 
grateful this bill might pass the Legislature this session.  She               
believed once State facilities allow dogs in training onto their               
premises, the private sector will follow suit.  While in a                     
wheelchair for the last 36 hours, she has realized how helpful it              
would be to have a service animal to retrieve items for her.                   
                                                                               
There being no further testimony or discussion, SENATOR LEMAN moved            
SCSCSHB 170(HES), version P, from committee with individual                    
recommendations and its zero fiscal note.  There being no                      
objection, the motion carried.                                                 
       HCR 19 - COUNCIL OF DEAF/HARD OF HEARING/DEAF/BLIN                      
                                                                               
DAN SADDLER, staff to Representative Bunde, sponsor of HCR 19, read            
the sponsor's statement into the record.  In summary, HCR 19 offers            
recognition and encouragement to a volunteer non-profit                        
organization dedicated to improving the quality of services                    
available to Alaska's deaf, hard-of-hearing, and deafblind                     
citizens.  The Alaska Deaf, Hard-of-Hearing, and Deafblind Council             
(ADC) has been operating for three years; its membership consists              
of several non-profit organizations operating in Southeast,                    
Southcentral, and Interior Alaska.  The council acts as a library              
and forum where information about services is available for                    
consumers and providers.  The resolution does not create a new                 
council, and will not cost the State a penny.  Also, it does not               
establish the Council as the sole voice of this population, and                
does not bar any other organization from providing any services it             
might want to.                                                                 
                                                                               
SENATOR LEMAN moved to adopt SCSHCR 19(HES), version F, as the                 
working document of the committee.  There being no objection, the              
motion carried.                                                                
                                                                               
Number 365                                                                     
                                                                               
DWAYNE FRENCH, Director of the Division of Vocational                          
Rehabilitation, Department of Education (DOE),  testified in full              
support of HCR 19, version F.  DOE has recognized the ADC as one of            
the significant members of the Deaf Services Committee of the                  
Governor's Committee on Employment and Rehabilitation of People                
with Disabilities.  He commended Representative Bunde and his staff            
for putting the resolution forward and he urged passage of it.                 
                                                                               
SENATOR GREEN noted there was more disagreement among the groups               
related to services for the deaf than any other group when she sat             
on the Governor's Council on Disabilities and Special Education.               
She asked if any group has opposed or has questions about this                 
Council.   MR. FRENCH said he has not heard any opposition to this             
group at all.                                                                  
                                                                               
NAN TRUITT stated she is a paralegal for Attorney Richard Kibby,               
the owner of a restaurant with a large deaf clientele, and a board             
member of Caption Alaska, a non-profit organization that started               
bringing captioned movies to Alaska for the deaf and hard-of-                  
hearing.  She expressed concern about the isolation experienced by             
deaf people and believes one way to decrease isolation is to                   
increase communication.  She stated her support for HCR 19.                    
                                                                               
RICHARD KIBBY, an attorney who has represented a number of deaf                
individuals, and a member of Caption Alaska, testified.  He stated             
through contact with the ADC, Caption Alaska was able to establish             
captioned movies in Fairbanks.  Also, through that Council he has              
the contact necessary to properly represent his deaf clients.  He              
recommended the Legislature pass this legislation as he believes               
the Council has done an admirable job.                                         
                                                                               
DUANE MAYS, State Coordinator for the Deaf, Division of Vocational             
Rehabilitation, stated support for SCSHCR 19(HES).  Approximately              
60,000 Alaskans experience hearing loss, many experience                       
communication problems personally, socially, and in their jobs.                
Many Alaskans who experience hearing loss are not employed or are              
underemployed and remain on welfare because they are not able to               
overcome their hearing loss.  The ADC will address the above issues            
by educating the State.  It will function as a clearinghouse and               
referral center; resources will be shared and services will                    
improve.                                                                       
                                                                               
Number 265                                                                     
                                                                               
SUELLEN BAHLEDA, a certified interpreter through the National                  
Registry of Interpreters for the Deaf, a member of the Alaska                  
Registry of Interpreters for the Deaf, and a member of the Alaska              
Mentor Project, which is developing a protocol for working                     
interpreters to improve their skills, testified.  Communication                
issues are vital for the State's deaf, hard-of-hearing, and                    
deafblind citizens.  She has been a participant on the ADC since               
its inception.  It is vital for interpreters and deaf, hard-of-                
hearing and deafblind persons to work together to make                         
communication access a possibility in this State.  She strongly                
supports passage of SCSHCR 19(HES).                                            
                                                                               
KAYA KAYA, treasurer of the ADC, made the following comments.  The             
clause on page 2, line 12 states ADC is in the process of obtaining            
501(c)(3) status.  She informed the committee ADC recently received            
that status, therefore it is officially non-profit.  She works for             
Fairbanks Community Mental Health as its deaf and hard-of-hearing              
counselor.  Many mental health issues are derived from being deaf,             
hard-of-hearing, or deafblind.  The Council has enabled other                  
counselors in the same field to meet and  they have developed a                
mental health committee.  She stated her support for SCSHCR 19(HES)            
and thanked the committee for its time.                                        
                                                                               
DARRELL CAMPBELL, Governor's Council on Disabilities and Special               
Education, spoke in support of SCSHCR19(HES).  The ADC has                     
accomplished a lot of things in different areas of the State in its            
three years. The ADC has attracted representatives from the Alaska             
Deaf School, interpreter organizations, UAA, and others, who have              
come together to work on projects and help each other.                         
                                                                               
CHAIRMAN WILKEN noted it is the committee's intent to pass the bill            
out with the deletion of the language on page 2, line 12, that                 
refers to the application of 501(c)(3) status.                                 
                                                                               
BECKY RAWSEN testified for SAIL in support of SCSHCR 19(HES) and               
stated the Council has established a unified approach for the deaf,            
and offers a place to get information, training, qualified                     
interpreters, and help with mental health and employment issues,               
and other things important to independent living.                              
                                                                               
CHAIRMAN WILKEN asked Ms. Rawsen how long she has been deaf.  MS.              
RAWSEN replied she became totally deaf at the age of 20.  CHAIRMAN             
WILKEN thought Ms. Rawsen spoke very well, and asked her to                    
introduce her assistant.  MS. RAWSEN introduced her husband and                
interpreter, Gene Rawsen.                                                      
                                                                               
Number 145                                                                     
                                                                               
SENATOR GREEN repeated her concern about the deaf community being              
the most divided of all groups involved in the Governor's Council              
on Disabilities and Special Education.  She asked for assurance                
that no one group be disenfranchised by legislative endorsement of             
ADC later on, even though the membership of the Council is not                 
under the Legislature's purview.                                               
                                                                               
MR. SADDLER said he could not speak for the Alaska Association for             
the Deaf, who was not represented at this hearing, but he believes             
that organization has expressed support of this resolution through             
Mr. Albert Burke.  The ADC has tried to serve as an umbrella                   
organization and has not tried to present itself as a sole voice.              
He did not believe any one organization will ever speak for the                
entire deaf community, just as no one group speaks for the able                
bodied.                                                                        
                                                                               
SENATOR GREEN said she does not want the Legislature to be a party             
to something that sets one group apart, or empowers one group                  
against another.  CHAIRMAN WILKEN did not think any committee                  
members want to be a party to that kind of activity.                           
                                                                               
SENATOR LEMAN moved to amend SCSHCR 19(HES), on page 2 and 3, lines            
12 by deleting the phrase, "is working to obtain tax-exempt status             
in the State of Alaska and to achieve" to reflect the current non-             
profit status of the ADC.  There being no objection, the motion                
carried.                                                                       
                                                                               
SENATOR LEMAN moved to pass SCSHCR 19(HES)am from committee.  There            
being no objection, the motion carried.                                        
There being no further business before the committee, CHAIRMAN                 
WILKEN adjourned the meeting at 10:40 a.m.                                     

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