REPORT TITLE:
Disabilities


DESCRIPTION:
Establishes a disability and communication access board (board).
Repeals the Hawaii state coordinating council on deafness, the
commission on persons with disabilities, and the architectural
access committee and consolidates these agencies under the board.
(CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1036
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PERSONS WITH DISABILITIES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that when the commission
 
 2 on persons with disabilities, the Hawaii state coordinating
 
 3 council on deafness, and the architectural access committee were
 
 4 established by statute in 1978, 1987, and 1989, respectively, the
 
 5 State of Hawaii and the nation as a whole were on the verge of
 
 6 establishing laws to provide civil rights protections for persons
 
 7 with disabilities.  This was successfully accomplished during the
 
 8 time span from 1974 to 1990 with the passage of the
 
 9 Rehabilitation Act and the Americans with Disabilities Act.
 
10 During that period, many other federal civil rights laws were
 
11 enacted or amended including the Individuals with Disabilities
 
12 Education Act, formerly the Education for All Handicapped
 
13 Children Act, the Federal Fair Housing Amendments Act, the Air
 
14 Carrier Access Act, the Architectural Barriers Act, the
 
15 Telecommunications Act, and the Uniform Systems for Handicapped
 
16 Parking Act.  Laws in the State of Hawaii were also enacted to
 
17 mirror or exceed some of the same protections that were provided
 
18 at the federal level.  Throughout the nation, executive bodies
 
19 such as "commissions," "councils," and "committees" were created
 

 
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 1 primarily to advocate for the creation of laws.  The legislature
 
 2 further finds that as the climate has shifted from creating laws
 
 3 to complying with laws, so must organizational structures change.
 
 4      The purpose of this Act is to reorganize the commission on
 
 5 persons with disabilities, the Hawaii state coordinating council
 
 6 on deafness, and the architectural access committee to provide
 
 7 for more efficient coordination of state efforts to comply with
 
 8 disability access and civil rights laws through outreach and
 
 9 voluntary compliance by establishing the disability and
 
10 communication access board.  A reorganized structure will
 
11 consolidate rulemaking responsibilities for facility
 
12 accessibility guidelines, communication access guidelines, and
 
13 handicapped parking rules, and will provide the administrative
 
14 structure for other technical assistance and voluntary compliance
 
15 functions.  Current enforcement functions will not be affected.
 
16      This Act also acknowledges changes in functions that have
 
17 resulted from the loss of thirty per cent 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
 
23             DISABILITY AND COMMUNICATION ACCESS BOARD
 

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

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

 
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 1      (3)  Are constructed on state or county lands or lands that
 
 2           will be transferred to the state or a county."
 
 3      SECTION 4.  Section 201G-344, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]201G-344[]]  Rules.  The corporation, in consultation
 
 6 with the [commission on persons with disabilities,] disability
 
 7 and communication access board, shall adopt rules in accordance
 
 8 with chapter 91 with respect to the administration of this
 
 9 program and the fund, including but not limited to rules
 
10 concerning income eligibility, certification of medical
 
11 necessity, and degree of 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, the Hawaii state
 
16 coordinating council on deafness, and the 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, the Hawaii state coordinating council
 
 3 on deafness, the architectural access committee, or the
 
 4 department of transportation to implement provisions of the
 
 5 Hawaii Revised Statutes which are made applicable to the
 
 6 disability and communication access board by this Act, shall
 
 7 remain in full force and effect until amended or repealed by the
 
 8 disability and communication access board pursuant to chapter 91,
 
 9 Hawaii Revised Statutes.  In the interim, every reference to the
 
10 commission on persons with disabilities, the Hawaii state
 
11 coordinating council on deafness, the architectural access
 
12 committee, or the department of transportation in those rules,
 
13 policies, procedures, guidelines, and other material is amended
 
14 to refer to the disability and communication access board as
 
15 appropriate.
 
16      SECTION 13.  All appropriations, records, equipment,
 
17 machines, files, supplies, contracts, books, papers, documents,
 
18 maps, and other personal property heretofore made, used,
 
19 acquired, or held by the commission on persons with disabilities,
 
20 the Hawaii state coordinating council on deafness, the
 
21 architectural access committee, or the department of
 
22 transportation, relating to the functions transferred to the
 
23 disability and communication access board shall be transferred
 

 
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 1 with the functions to which they relate.
 
 2      SECTION 14.  Statutory material to be repealed is bracketed. 
 
 3 New statutory material is underscored.
 
 4      SECTION 15.  This Act shall take effect on January 1, 2000;
 
 5 provided that sections 6 and 7 shall take effect on July 1, 2000.