HOUSE OF REPRESENTATIVES             H.C.R. NO.54          
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE CONCURRENT
                        RESOLUTION

REQUESTING A HAWAII STATE LAW ON EMPLOYMENT OF SEVERELY
   HANDICAPPED PERSONS.



 1       WHEREAS, Sections 76-16 and 78-2, Hawaii Revised Statutes
 2   (HRS), were amended in 1980 to provide public employment
 3   opportunities for severely handicapped persons who are unable
 4   to compete with other non-disabled candidates; and
 5   
 6       WHEREAS, section 76-16, (23), HRS, provides a civil service
 7   exemption for severely handicapped persons who are certified by
 8   the state's vocational rehabilitation office (VRO) as able to
 9   safely perform the duties of the position available; and
10   
11       WHEREAS, section 78-2, HRS, promoted equal employment
12   opportunities for severely handicapped individuals by requiring
13   all state departments or agencies to develop and implement
14   programs for the selective employment of severely handicapped
15   in 1980; and
16   
17       WHEREAS, the Department of Education has implemented such a
18   program which allows severely handicapped individuals to be
19   considered permanent, exempt employees as long as they:
20   
21       (1)  Are certified by a VRO; and
22   
23       (2)  Perform satisfactorily on the job;
24   
25   and
26   
27       WHEREAS, such programs, while noteworthy, do not allow
28   severely handicapped individuals to transfer their VRO
29   certification to other places of public employment; and
30   
31       WHEREAS, these individuals are locked into specific
32   employment positions because of the non-transferable nature of
33   programs enacted by section 78-2, HRS; and
34   

 
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 1       WHEREAS, such instances should be examined and corrected in
 2   the interests of equity for severely handicapped individuals
 3   seeking public employment and sound management policy; and
 4   
 5       WHEREAS, on July 26, 1990, the Federal government passed
 6   the Americans with Disabilities Act (ADA) which set down in
 7   part, specific rules, regulations, and guidelines for hiring or
 8   employing disabled individuals; and
 9   
10       WHEREAS, since the ADA passed ten years after passage of
11   the state provisions there may be inconsistencies and
12   inaccuracies, the state law such is the non-transferable
13   certification in section 78-2, HRS; now, therefore,
14   
15       BE IT RESOLVED by the House of Representatives of the
16   Twentieth Legislature of the State of Hawaii, Regular Session
17   of 1999, the Senate concurring, that the Commission on Persons
18   with Disabilities, the Department of Human Services' Vocational
19   Rehabilitation and Services for the Blind Division, and the
20   Department of Human Resources Development, are requested to
21   jointly meet and conduct a comprehensive review of Hawaii state
22   law on employment of severely handicapped persons; and
23   
24       BE IT FURTHER RESOLVED that in the study, the participants
25   are requested to review:
26   
27       (1)  Whether Hawaii law is still relevant, in view of the
28            subsequent passage of the ADA;
29   
30       (2)  Whether the State should mirror Federal employment
31            regulations which allow disabled employees to receive
32            civil service status after completing a six-month
33            probation period;
34   
35   and draft any relevant legislation for the 2000 Regular
36   Session;
37   
38   and
39   
40       BE IT FURTHER RESOLVED that the participants submit their
41   findings, recommendations, and any proposed legislation to the
42   Legislature no later than twenty days before the convening of
43   the Regular Session of 2000; and
44   

 
 
 
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 1       BE IT FURTHER RESOLVED that certified copies of this
 2   Concurrent Resolution be transmitted to the Executive Director
 3   of the Commission on Persons with Disabilities, the Director of
 4   Human Services, the Administrator of the Vocational
 5   Rehabilitation and Services for the Blind Division of DHS, and
 6   the Director of Human Resources Development.
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10                         OFFERED BY:  ____________________________
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