Legislature(2009 - 2010)BARNES 124

04/08/2009 03:15 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 144 UNIFORM PROBATE CODE; TRUSTS, WILLS TELECONFERENCED
Scheduled But Not Heard
*+ HB 89 VOCATIONAL REHABILITATION COMMITTEE TELECONFERENCED
Moved CSHB 89(L&C) Out of Committee
*+ HB 37 RIGHT TO WORK TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 89-VOCATIONAL REHABILITATION COMMITTEE                                                                                     
                                                                                                                              
3:30:34 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE BILL NO. 89, "An  Act repealing the governor's committee on                                                               
employment  of  people  with  disabilities;  creating  the  state                                                               
vocational   rehabilitation  committee   and   relating  to   the                                                               
committee; and providing for an effective date."                                                                                
                                                                                                                                
PAULA  SCAVERA, Special  Assistant, Office  of the  Commissioner,                                                               
Department of  Labor & Workforce Development  (DLWD), stated that                                                               
HB  89 would  allow the  DLWD  to conform  to federal  law.   She                                                               
related  that  the  bill  combines   two  committees  within  the                                                               
Division  of  Vocational  Rehabilitation  (DVR)  and  sets  up  a                                                               
process for  appointment to  the State  Vocational Rehabilitation                                                               
Committee.   She  assured members  that the  bill is  100 percent                                                               
federal  conformity  and the  DLWD  did  not add  any  additional                                                               
provisions to  the bill.   Additionally, the  DLWD refers  to the                                                               
committee by the U.S. code number  so if any aspects of the board                                                               
changes,  the  DLWD  can  make   those  changes  without  seeking                                                               
legislative  approval.   She pointed  out that  the DLWD  has one                                                               
technical  amendment to  the bill  that corrects  a typographical                                                               
error that was in the U.S. code cite.                                                                                           
                                                                                                                                
CHERYL  WALSH, Director,  Division of  Vocational Rehabilitation,                                                               
Department  of Labor  & Workforce  Development,  stated that  the                                                               
purpose of  the State Vocational Rehabilitation  Committee (SVRC)                                                               
is to  provide advice and  oversight for development  of policies                                                               
and  procedures to  implement programs  to  assist Alaskans  with                                                               
Disabilities  to regain  or obtain  employment.   Thus, the  SVRC                                                               
committee will assist the department  with its policy development                                                               
to develop  a state plan,  and to  provide the department  with a                                                               
perspective from  outside of the bureaucracy.   Additionally, the                                                               
composition of the SVRC committee  is important since it provides                                                               
good   representation  ranging   from   employers,  people   with                                                               
disabilities,  and  educators.   Further  the  bill combines  the                                                               
Assistive   Technology  Committee   and   the  State   Vocational                                                               
Rehabilitation  Committee,  which   are  required  under  federal                                                               
regulation in order to administer the state programs.                                                                           
                                                                                                                                
3:33:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  made  a  motion to  adopt  Amendment  1,                                                               
labeled 26-GH1024\A.1, Wayne, 4/3/09, as follows:                                                                               
                                                                                                                                
     Page 2, line 4:                                                                                                            
          Delete "3001"                                                                                                     
          Insert "3003"                                                                                                     
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
3:34:43 PM                                                                                                                    
                                                                                                                                
MS.  WALSH, in  response  to  Representative Chenault,  explained                                                               
that  the  committee  meets  four times  a  year,  in  Anchorage,                                                               
Fairbanks, Juneau, and in a  rural area whenever possible.  Also,                                                               
the  committee  can  meet  telephonically,  if  necessary.    The                                                               
majority  of  the  committee  composition  must  be  people  with                                                               
disabilities.   Thus,  sometimes  the telephonic  meeting can  be                                                               
important.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   CHENAULT  related   his  understanding   of  the                                                               
significance and necessity  for telephonic meetings.   He said he                                                               
hopes the  committee is making an  effort to meet in  rural areas                                                               
since Alaskans with  disabilities live in all parts  of the state                                                               
and to give rural Alaska a voice.                                                                                               
                                                                                                                                
3:35:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH related his  understanding other states would                                                               
have to do this too.                                                                                                            
                                                                                                                                
MS. SCAVERA, in response to  Representative Buch, indicated other                                                               
states have already made the changes.   She stated there will not                                                               
be any changes in the  department except that the department will                                                               
conform to federal law.                                                                                                         
                                                                                                                                
MS.  WALSH,  in  response  to  Representative  Buch,  stated  the                                                               
committee  met  in  Nome  and  previously met  in  Barrow.    She                                                               
explained that  the committee  attempts to meet  at least  once a                                                               
year  in a  rural  area.   She  explained  that  it is  sometimes                                                               
accessibility in  the communities  that makes it  more difficult.                                                               
In response to Chair Olson, she  stated that the committee met in                                                               
Sitka in January 2009.                                                                                                          
                                                                                                                                
3:38:11 PM                                                                                                                    
                                                                                                                                
PAM  STRATTON, Member,  Governor's  Committee  on Employment  and                                                               
Rehabilitation of People with Disabilities,  stated that the bill                                                               
will bring the state into  compliance with federal regulation and                                                               
will allow  it to have  the appropriate membership.   She offered                                                               
that currently the  state statute has a  different definition for                                                               
membership, as well  as a different number of members.   She also                                                               
thought this bill  would make it easier  to obtain participation.                                                               
She  acknowledged  the concern  members  raised  with respect  to                                                               
holding  meetings  in  rural  Alaska.   She  explained  that  the                                                               
committee  meets in  rural locations  at least  once a  year, and                                                               
takes public  testimony.  She  also mentioned that an  800 number                                                               
is  also  available  for  the  public.    She  related  that  the                                                               
committee solicits input and invited members to attend.                                                                         
                                                                                                                                
3:39:49 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 89.                                                                                      
                                                                                                                                
3:40:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL related his  understanding that the reason                                                               
to  use the  federal  code  is to  avoid  having the  legislature                                                               
review  changes every  time  the federal  law  changes the  name.                                                               
However, he expressed  concern and stated he  would consider this                                                               
since the bill has another referral.   He stated that he does not                                                               
want to  slow down the  bill, but at a  later time would  like to                                                               
know the  dynamics of  the code  such as  does the  number change                                                               
often.  He related the similarity  to the debate on sunset dates,                                                               
whether the  matter should come  back to the legislature  or just                                                               
be  set into  motion.    He pointed  out  this  bill addresses  a                                                               
federal requirement  that references federal code,  but the state                                                               
performs the function.                                                                                                          
                                                                                                                                
3:41:36 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON suggested  that Representative  Coghill may  wish to                                                               
consider adding a sunset clause at some point.                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL  offered his belief  that the bill  is set                                                               
up so to  enable the committee to function more  efficiently.  He                                                               
related that he has a favorable view of HB 89.                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL moved to report  HB 89, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  note.    There  being  no  objection,  CSHB  89(L&C)  was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                
3:42:10 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:42 p.m. to 3:43 p.m.                                                                       
                                                                                                                                
3:43:56 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects
01 HB89 ver A.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
01 HB144 ver A.pdf HJUD 1/29/2010 1:00:00 PM
HL&C 4/8/2009 3:15:00 PM
HB 144
02 HB89 Sectional Analysis ver A.PDF HL&C 4/8/2009 3:15:00 PM
HB 89
03 HB89 Fiscal Note DOLWF 012809.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
04 HB89 Transmittal Letter House.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
05 HB89 29 USC 725.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
06 HB89 29 USC 3003.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
02 HB144 Sponsor Statement .pdf HJUD 1/29/2010 1:00:00 PM
HL&C 4/8/2009 3:15:00 PM
HB 144
03 HB144 Sectional Analysis.pdf HJUD 1/29/2010 1:00:00 PM
HL&C 4/8/2009 3:15:00 PM
HB 144
04 HB144 Fiscal Note -LAW-CIV-4-2-09.pdf HJUD 1/29/2010 1:00:00 PM
HL&C 4/8/2009 3:15:00 PM
HB 144
05 HB144 UPC Definition.pdf HJUD 1/29/2010 1:00:00 PM
HL&C 4/8/2009 3:15:00 PM
HB 144
06 HB144 Letter of support - Hompesch & Evans.pdf HJUD 1/29/2010 1:00:00 PM
HL&C 4/8/2009 3:15:00 PM
HB 144
07 HB89 DOLWD Letter 3-11-09.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
08 HB89 Letters of support.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
09 HB89 Letters of support_2.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
10 HB89 Letters of support_3.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
11 HB89 Proposed amendment A.1.pdf HL&C 4/8/2009 3:15:00 PM
HB 89
17 HB37 NILRR article - Stan Greer.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
16 HB37 Letters of support or opposition-assorted.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
18 HB37 Letters of opposition-assorted.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
19 HB37 Letters of opposition-assorted_2.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
20 HB37 Letters of support or opposition-assorted (2).pdf HL&C 4/8/2009 3:15:00 PM
HB 37
20 HB37 Letters of support or opposition-assorted (2).pdf HL&C 4/8/2009 3:15:00 PM
HB 37
21 HB37 Letters of support or opposition-assorted_2.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
22 HB37 Letters of support or opposition-assorted_3.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
23 HB37 Letters of support or opposition-assorted_4.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
24 HB37 Letter of support or opposition-assorted_5.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
25 HB37 Letter of support or opposition-assorted_6.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
26 HB37 Sign in sheets L&C 4-8-09.pdf HL&C 4/8/2009 3:15:00 PM
HB 37
27 HB37 Written Testimony by Dimitri Kesari - HL&C 4-8-09.pdf HL&C 4/8/2009 3:15:00 PM
HB 37