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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Findings and purpose.  The Legislature finds
 2 that when the Commission on Persons with Disabilities, the Hawaii
 3 State Coordinating Council on Deafness, and the Architectural
 4 Access Committee were established by statute in 1978, 1987, and
 5 1989 respectively, the State of Hawaii and the nation as a whole
 6 were on the verge of establishing laws that would provide civil
 7 rights protections for persons with disabilities.  This was
 8 successfully accomplished during the time span from 1974 to 1990
 9 with the passage of the Rehabilitation Act and the Americans with
10 Disabilities Act, respectively.  During that period, many other
11 federal civil rights laws were enacted or amended including, but
12 not limited to, the Individuals with Disabilities Education Act,
13 formerly the Education for All Handicapped Children Act, the
14 Federal Fair Housing Amendments Act, the Air Carrier Access Act,
15 the Architectural Barriers Act, the Telecommunications Act, the
16 Uniform Systems for Handicapped Parking Act, etc. Laws in the
17 State of Hawaii were also enacted to mirror or exceed some of the
18 same protections which were provided at the federal level.
19 Throughout the nation, executive bodies such as "Commissions,"

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 1 "Councils," or "Committees" were created primarily to advocate
 2 for the creation of laws.  As the climate has shifted from
 3 creating laws to complying with laws, so must organizational
 4 structures change.
 5      The purpose of this Act is to reorganize the Commission on
 6 Persons with Disabilities, the Hawaii State Coordinating Council
 7 on Deafness, and the Architectural Access Committee to provide
 8 for the more efficient coordination of state efforts to comply
 9 with disability access and civil rights laws through outreach and
10 voluntary compliance.  A reorganized structure will consolidate
11 rulemaking responsibilities for facility accessibility
12 guidelines, communication access guidelines, and handicapped
13 parking rules, and will provide the administrative structure for
14 other technical assistance and voluntary compliance functions.
15 Current enforcement functions will not be affected.
16      This Act also acknowledges changes in function that have
17 resulted from the loss of thirty percent funding over the past
18 five years.
19      SECTION 2.  The Hawaii Revised Statutes is amended by adding
20 a new chapter to be appropriately designated and to read as
21 follows:
22                             "CHAPTER

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 1          -1  Definitions.  As used in this chapter, unless the
 2 context clearly requires otherwise:
 3      "Board" means the disability and communication access board.
 4      "Members" means the members of the disability and
 5 communication access board.
 6          -2  Disability and communication access board.  There
 7 is established a disability and communication access board within
 8 the department of health for administrative purposes, to be
 9 composed of seventeen members to be appointed by the governor for
10 staggered terms pursuant to section 26-34.  The members of the
11 board shall include at least nine persons with various types of
12 disabilities, or parents or guardians of persons with
13 disabilities.  Other members shall include individuals
14 knowledgeable in areas for which the board has rulemaking
15 authority.  The members appointed shall include at least one
16 resident from each of the counties of Honolulu, Hawaii, Maui, and
17 Kauai.
18      The members shall serve without compensation, but shall be
19 reimbursed their necessary and reasonable expenses incurred in
20 the performance of their duties, including travel expenses.
21          -3  Duties and functions of the board.  The board shall
22 perform the following duties and functions:
23      (1)  Establish guidelines for the design of buildings and

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 1           facilities by or on behalf of the State and counties in
 2           accordance with section 103-50;
 3      (2)  Provide review and recommendations on all state and
 4           county plans for buildings and facilities, in
 5           accordance with section 103-50;
 6      (3)  Establish guidelines for the utilization of
 7           communication access services provided for persons who
 8           are deaf, hard of hearing, or deaf-blind in state
 9           programs and activities.  Guidelines include, but are
10           not limited to, determining the qualifications of
11           interpreters who may provide services, the amount of
12           payment to interpreters, and the credentialling of
13           interpreters who do not hold national certification via
14           a state screening process;
15      (4)  Administer the statewide program for parking for
16           disabled persons, in accordance with part III of
17           chapter 291;
18      (5)  Serve as public advocate of persons with disabilities
19           by providing advice and recommendations on matters
20           relating to access for persons with disabilities, with
21           emphasis on legislative matters, administrative rules,
22           policies, and procedures of the state and county
23           governments;

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 1      (6)  Review and assess the problems and needs relating to
 2           access for persons with disabilities in the State in
 3           order to provide recommendations in the improvement of
 4           laws and services;
 5      (7)  Serve as the designated state agency to coordinate the
 6           efforts of the State to comply with the requirements of
 7           the Americans with Disabilities Act for access to
 8           services, employment, telecommunications, and facility
 9           and site design;
10      (8)  Provide technical assistance and guidance to, but not
11           limited to, state and county entities in order to meet
12           the requirements of state, federal, and county laws
13           providing for access for persons with disabilities
14           through public education programs and other voluntary
15           compliance efforts;
16      (9)  Administer funds allocated for its work, including
17           disbursement and allocation of funds that may be
18           available from public and private sources; provided
19           that such disbursement and allocation shall be
20           consistent with the specific requirements and purposes
21           of this chapter.
22          -4  Annual report.  The board shall report on its
23 activities to the governor and the legislature at the end of each

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 1 fiscal year, and may include recommendations consistent with the
 2 purposes of this chapter.
 3          -5  Staff.  The board may hire an executive director
 4 who shall, in turn, hire the remaining staff, to assist in the
 5 performance of its duties.  The staff of the board shall be hired
 6 without regard to chapters 76 and 77.  The executive director and
 7 hired staff shall be eligible for participation in employee plans
 8 generally inuring to the benefit of state employees.
 9          -6  Rules.  Pursuant to chapter 91, the board may adopt
10 rules to implement this chapter, part III of chapter 291, and
11 section 103-50."
12      SECTION 3.  Section 103-50, Hawaii Revised Statutes, is
13 amended to read as follows:
14      "103-50  Building design to consider needs of persons with
15 disabilities. (a)  Notwithstanding any other law to the contrary,
16 all plans and specifications for the construction of public
17 buildings [and], facilities, [by the State or any county, or on
18 behalf of the State or any county subject to this chapter], and
19 sites shall be prepared so the buildings [and], facilities, and
20 sites are accessible to and usable by persons with disabilities.
21 The buildings [and], facilities, and sites shall conform to the
22 Americans with Disabilities Act Accessibility Guidelines, 36
23 C.F.R. [Pt.] part 1191, as adopted and amended by the

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 1 [architectural access committee.] disability and communication
 2 access board.
 3      (b)  All state and county agencies subject to this section
 4 shall seek advice and recommendations from the [commission on
 5 persons with disabilities] disability and communication access
 6 board on any construction plans[.] prior to commencing with
 7 construction.
 8      (c)  The disability and communication access board shall
 9 adopt rules pursuant to chapter 91 for the design of buildings
10 and facilities by or on behalf of the State and counties to
11 effectuate the purposes of this section, except that the board
12 may, without regard to chapter 91, adopt federal amendments to
13 the Americans with Disabilities Act Accessibility Guidelines, 36
14 C.F.R. part 1191.
15      (d)  The board may authorize variances from specific design
16 requirements when an alternate design provides equal or greater
17 access.
18      (e)  For the purposes of this section:
19      "Public buildings, facilities, and sites" means buildings,
20 facilities, and sites that (1) are designed, constructed,
21 purchased, or leased with the use of any federal, state, or
22 county funds, (2) house state or county programs, services, or
23 activities that are intended to be accessed by the general

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 1 public, or (3) are constructed on state or county lands or lands
 2 that will be transferred to the state or a county."
 3           SECTION 4.  Section 201G-344, Hawaii Revised Statutes,
 4 is amended to read as follows:
 5      "[201G-344]  Rules.  The corporation, in consultation with
 6 the [commission on persons with disabilities,] disability and
 7 communication access board, shall adopt rules in accordance with
 8 chapter 91 with respect to the administration of this program and
 9 the fund, including but not limited to rules concerning income
10 eligibility, certification of medical necessity, and degree of
11 physical disability."
12      SECTION 5.  Section 291-51, Hawaii Revised Statutes, is
13 amended by adding a new definition to be appropriately inserted
14 and to read as follows:
15      "Disability and communication access board" means the
16 disability and communication access board established by
17 chapter."
18      SECTION 6.  Section 291-52, Hawaii Revised Statutes, is
19 amended to read as follows:
20      "291-52  Issuance of removable windshield placard.  Each
21 county may issue one distinguishing placard to each disabled
22 person who so requests and presents a certificate of disability.
23 The removable windshield placard shall be designed, fabricated,

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 1 and sold [at cost] to the counties at a rate negotiated by the
 2 [department of transportation.] disability and communication
 3 access board.  The county may charge a fee to cover its costs."
 4      SECTION 7.  Section 291-56, Hawaii Revised Statutes, is
 5 amended to read as follows:
 6      "291-56  Rules.  The [department of transportation]
 7 disability and communication access board may adopt rules under
 8 chapter 91 to carry out the purposes of this part, including
 9 rules for the issuance, renewal, revocation, and suspension of
10 removable windshield placards, temporary removable windshield
11 placards, and special license plates, reciprocity, the
12 replacement of lost or stolen placards, the design of the placard
13 and special license plates, signage and marking of parking
14 spaces, and penalties."
15      SECTION 8.  Section 103-50.5, Hawaii Revised Statutes, is
16 repealed.
17      ["103-50.5  Architectural access committee.(a)  There is
18 established within the department of health for administrative
19 purposes, an architectural access committee to be composed of
20 five members appointed by the governor for staggered terms of
21 four years without the advice and consent of the senate.  The
22 members shall have a special interest or knowledge concerning
23 design standards for persons with disabilities.

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 1      (b)  The committee shall have the authority to vary specific
 2 requirements of section 103-50 when the variance will ensure an
 3 alternate design that provides equal access for persons with
 4 disabilities; and to establish guidelines for design
 5 specifications not covered in the Americans with Disabilities Act
 6 Accessibility Guidelines, 36 C.F.R., Pt. 1191, as adopted and
 7 amended by the architectural access committee.
 8      (c)  The committee may adopt rules pursuant to chapter 91
 9 necessary for the purposes of this section."]
10      SECTION 9.  Chapter 347D, Hawaii Revised Statutes, is
11 repealed.
12      SECTION 10.  Chapter 348E, Hawaii Revised Statutes, is
13 repealed.
14      SECTION 11.  All rights, powers, functions, and duties of
15 the commission on persons with disabilities, Hawaii state
16 coordinating council on deafness, and architectural access
17 committee are transferred to the disability and communication
18 access board.
19      All officers and employees whose functions are transferred
20 by this Act shall be transferred with their functions and shall
21 continue to perform their regular duties upon their transfer,
22 subject to the state personnel laws and this Act.
23      SECTION 12.  All rules, policies, procedures, guidelines,

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 1 and other material adopted or developed by the commission on
 2 persons with disabilities, Hawaii state coordinating council on
 3 deafness, architectural access committee, or the department of
 4 transportation to implement provisions of the Hawaii Revised
 5 Statutes which are reenacted or made applicable to the disability
 6 and communication access board by this Act, shall remain in full
 7 force and effect until amended or repealed by the disability and
 8 communication access board pursuant to chapter 91, Hawaii Revised
 9 Statutes.  In the interim, every reference to the commission on
10 persons with disabilities, Hawaii state coordinating council on
11 deafness, architectural access committee, or department of
12 transportation in those rules, policies, procedures, guidelines,
13 and other material is amended to refer to the disability and
14 communication access board as appropriate.
15      SECTION 13.  All appropriations, records, equipment,
16 machines, files, supplies, contracts, books, papers, documents,
17 maps, and other personal property heretofore made, used,
18 acquired, or held by the commission on persons with disabilities,
19 Hawaii state coordinating council on deafness, architectural
20 access committee, or department of transportation, relating to
21 the functions transferred to the disability and communication
22 access board shall be transferred with the functions to which
23 they relate.

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 1      SECTION 14.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 15.  This Act shall take effect on January 1, 2000.
 5                           INTRODUCED BY:  _______________________

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