REPORT TITLE:
Disabilities


DESCRIPTION:
Establishes a Disability and Communication Access Board.
Appropriates an unspecified amount for developmentally disabled
and mentally retarded. Establishes developmental disabilities
special fund. Authorizes living stipends for patients living
independently. Requires an audit of case management. (SD3)

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


                   A  BILL  FOR  AN  ACT

RELATING TO PERSONS WITH DISABILITIES.



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

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

 
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 1 executive bodies such as "commissions", "councils", or
 
 2 "committees" were created primarily to advocate for the creation
 
 3 of laws.  The legislature further finds that as the climate has
 
 4 shifted from creating laws to complying with laws, so must
 
 5 organizational structures change.
 
 6      The purpose of this part is to reorganize the commission on
 
 7 persons with disabilities, the Hawaii state coordinating council
 
 8 on deafness, and the architectural access committee to provide
 
 9 for the more efficient coordination of state efforts to comply
 
10 with disability access and civil rights laws through outreach and
 
11 voluntary compliance.  A reorganized structure will consolidate
 
12 rulemaking responsibilities for facility accessibility
 
13 guidelines, communication access guidelines, and handicapped
 
14 parking rules, and will provide the administrative structure for
 
15 other technical assistance and voluntary compliance functions.
 
16 Current enforcement functions will not be affected.
 
17      This part also acknowledges changes in function that have
 
18 resulted from the loss of thirty per cent funding over the past
 
19 five years.
 
20      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
21 a new chapter to be appropriately designated and to read as
 
22 follows:
 

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

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

 
 
 
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 1           relating to access for persons with disabilities, with
 
 2           emphasis on legislative matters, administrative rules,
 
 3           policies, and procedures of the state and county
 
 4           governments;
 
 5      (6)  Review and assess the problems and needs relating to
 
 6           access for persons with disabilities in the State in
 
 7           order to provide recommendations in the improvement of
 
 8           laws and services;
 
 9      (7)  Serve as the designated state agency to coordinate the
 
10           efforts of the State to comply with the requirements of
 
11           the Americans with Disabilities Act for access to
 
12           services, employment, telecommunications, and facility
 
13           and site design;
 
14      (8)  Provide technical assistance and guidance to, but not
 
15           limited to, state and county entities in order to meet
 
16           the requirements of state, federal, and county laws
 
17           providing for access for persons with disabilities
 
18           through public education programs and other voluntary
 
19           compliance efforts; and
 
20      (9)  Administer funds allocated for its work, including
 
21           disbursement and allocation of funds that may be
 
22           available from public and private sources; provided
 

 
 
 
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 1           that such disbursement and allocation shall be
 
 2           consistent with the specific requirements and purposes
 
 3           of this chapter.
 
 4          -4  Annual report.  The board shall report on its
 
 5 activities to the governor and the legislature at the end of each
 
 6 fiscal year, and may include recommendations consistent with the
 
 7 purposes of this chapter.
 
 8          -5  Staff.  The board may hire an executive director,
 
 9 who may hire staff to assist in the performance of the board's
 
10 duties.  The staff shall be hired without regard to chapters 76
 
11 and 77; provided that the executive director and staff shall be
 
12 eligible for participation in state employee benefit plans.
 
13          -6  Rules.  The board may adopt rules pursuant to
 
14 chapter 91, to implement this chapter, section 103-50, and part
 
15 III of chapter 291."
 
16      SECTION 3.  Section 103-50, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "103-50  Building design to consider needs of persons with
 
19 disabilities. (a)  Notwithstanding any other law to the contrary,
 
20 all plans and specifications for the construction of public
 
21 buildings [and], facilities [by the State or any county, or on
 
22 behalf of the State or any county subject to this chapter], and
 

 
 
 
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 1 sites shall be prepared so that the buildings [and], facilities,
 
 2 and sites are accessible to and usable by persons with
 
 3 disabilities.  The buildings [and], facilities, and sites shall
 
 4 conform to the Americans with Disabilities Act Accessibility
 
 5 Guidelines, 36 C.F.R. [Pt.] part 1191, as adopted and amended by
 
 6 the [architectural access committee.] disability and
 
 7 communication access board under chapter    .
 
 8      (b)  All state and county agencies subject to this section
 
 9 shall seek advice and recommendations from the [commission on
 
10 persons with disabilities] disability and communication access
 
11 board on any construction plans[.] prior to commencing with
 
12 construction.
 
13      (c)  The disability and communication access board shall
 
14 adopt rules pursuant to chapter 91 for the design of buildings
 
15 and facilities by or on behalf of the State and counties to
 
16 effectuate the purposes of this section, except that the board,
 
17 without regard to chapter 91, instead, may adopt federal
 
18 amendments to the Americans with Disabilities Act Accessibility
 
19 Guidelines, 36 C.F.R. part 1191.
 
20      (d)  The board may authorize variances from specific design
 
21 requirements when an alternate design provides equal or greater
 
22 access.
 

 
 
 
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 1      (e)  For the purposes of this section, "public buildings,
 
 2 facilities, and sites" means buildings, facilities, and sites
 
 3 that:
 
 4      (1)  Are designed, constructed, purchased, or leased with
 
 5           the use of any federal, state, or county funds;
 
 6      (2)  House state or county programs, services, or activities
 
 7           that are intended to be accessed by the general public;
 
 8           or
 
 9      (3)  Are constructed on state or county lands or lands that
 
10           will be transferred to the state or a county."
 
11      SECTION 4.  Section 201G-344, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]201G-344[]]  Rules.  The corporation, in consultation
 
14 with the [commission on persons with disabilities,] disability
 
15 and communication access board, shall adopt rules in accordance
 
16 with chapter 91 with respect to the administration of this
 
17 program and the fund, including but not limited to rules
 
18 concerning income eligibility, certification of medical
 
19 necessity, and degree of physical disability."
 
20      SECTION 5.  Section 291-51, Hawaii Revised Statutes, is
 
21 amended by adding a new definition to be appropriately inserted
 
22 and to read as follows:
 

 
 
 
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 1      ""Disability and communication access board" means the
 
 2 disability and communication access board established by
 
 3 chapter     ."
 
 4      SECTION 6.  Section 291-52, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "291-52  Issuance of removable windshield placard.  Each
 
 7 county may issue one distinguishing placard to each disabled
 
 8 person who so requests and presents a certificate of disability.
 
 9 The removable windshield placard shall be designed, fabricated,
 
10 and sold [at cost] to the counties at a rate negotiated by the
 
11 [department of transportation.] disability and communication
 
12 access board.  The county may charge a fee to cover its costs."
 
13      SECTION 7.  Section 291-56, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "291-56  Rules.  The [department of transportation]
 
16 disability and communication access board may adopt rules under
 
17 chapter 91 to carry out the purposes of this part, including
 
18 rules for the issuance, renewal, revocation, and suspension of
 
19 removable windshield placards, temporary removable windshield
 
20 placards, and special license plates, reciprocity, the
 
21 replacement of lost or stolen placards, the design of the placard
 
22 and special license plates, signage and marking of parking
 

 
 
 
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 1 spaces, and penalties."
 
 2      SECTION 8.  Section 103-50.5, Hawaii Revised Statutes, is
 
 3 repealed.
 
 4      ["103-50.5  Architectural access committee.(a)  There is
 
 5 established within the department of health for administrative
 
 6 purposes, an architectural access committee to be composed of
 
 7 five members appointed by the governor for staggered terms of
 
 8 four years without the advice and consent of the senate.  The
 
 9 members shall have a special interest or knowledge concerning
 
10 design standards for persons with disabilities.
 
11      (b)  The committee shall have the authority to vary specific
 
12 requirements of section 103-50 when the variance will ensure an
 
13 alternate design that provides equal access for persons with
 
14 disabilities; and to establish guidelines for design
 
15 specifications not covered in the Americans with Disabilities Act
 
16 Accessibility Guidelines, 36 C.F.R., Pt. 1191, as adopted and
 
17 amended by the architectural access committee.
 
18      (c)  The committee may adopt rules pursuant to chapter 91
 
19 necessary for the purposes of this section."]
 
20      SECTION 9.  Chapter 347D, Hawaii Revised Statutes, is
 
21 repealed.
 
22      SECTION 10.  Chapter 348E, Hawaii Revised Statutes, is
 

 
 
 
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 1 repealed.
 
 2      SECTION 11.  All rights, powers, functions, and duties of
 
 3 the commission on persons with disabilities, the Hawaii state
 
 4 coordinating council on deafness, and the architectural access
 
 5 committee are transferred to the disability and communication
 
 6 access board.
 
 7      All officers and employees whose functions are transferred
 
 8 by this Act shall be transferred with their functions and shall
 
 9 continue to perform their regular duties upon their transfer,
 
10 subject to the state personnel laws and this Act.
 
11      SECTION 12.  All rules, policies, procedures, guidelines,
 
12 and other material adopted or developed by the commission on
 
13 persons with disabilities, the Hawaii state coordinating council
 
14 on deafness, the architectural access committee, or the
 
15 department of transportation to implement provisions of the
 
16 Hawaii Revised Statutes which are made applicable to the
 
17 disability and communication access board by this Act, shall
 
18 remain in full force and effect until amended or repealed by the
 
19 disability and communication access board pursuant to chapter 91,
 
20 Hawaii Revised Statutes.  In the interim, every reference to the
 
21 commission on persons with disabilities, the Hawaii state
 
22 coordinating council on deafness, the architectural access
 

 
 
 
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 1 committee, or the department of transportation in those rules,
 
 2 policies, procedures, guidelines, and other material is amended
 
 3 to refer to the disability and communication access board as
 
 4 appropriate.
 
 5      SECTION 13.  All appropriations, records, equipment,
 
 6 machines, files, supplies, contracts, books, papers, documents,
 
 7 maps, and other personal property heretofore made, used,
 
 8 acquired, or held by the commission on persons with disabilities,
 
 9 the Hawaii state coordinating council on deafness, the
 
10 architectural access committee, or the department of
 
11 transportation, relating to the functions transferred to the
 
12 disability and communication access board shall be transferred
 
13 with the functions to which they relate.
 
14                              PART II
 
15      SECTION 14.  Chapter 333F, Hawaii Revised Statutes, is
 
16 amended by adding a new section to be appropriately designated
 
17 and to read as follows:
 
18      "333F-     Developmental disabilities special fund.  (a)
 
19 There is established in the state treasury the developmental
 
20 disabilities special fund for the purpose of maximizing funds
 
21 under section 333F-2(e), into which shall be deposited:
 
22      (1)  Program income consisting of reimbursement funds
 

 
 
 
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 1           received by the State for targeted case management
 
 2           services for individuals with developmental
 
 3           disabilities or mental retardation;
 
 4      (2)  Appropriations by the legislature to the developmental
 
 5           disabilities special fund; and 
 
 6      (3)  Gifts, grants, and other funds accepted by the
 
 7           department for individuals with developmental
 
 8           disabilities or mental retardation.
 
 9      (b)  Moneys in the developmental disabilities special fund
 
10 under subsection (a) shall be appropriated solely for Title XIX
 
11 home and community based waiver services for individuals with
 
12 developmental disabilities or mental retardation." 
 
13      SECTION 15.  Section 333F-2, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  The department shall develop, lead, administer,
 
16 coordinate, monitor, evaluate, and set direction for a
 
17 comprehensive system of supports and services for persons with
 
18 developmental disabilities or mental retardation within the
 
19 limits of state or federal resources allocated or available for
 
20 the purposes of this chapter.  The department shall administer or
 
21 may provide available supports and services based on a client-
 
22 centered plan, which resulted from client choices and
 

 
 
 
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 1 decision-making that allowed and respected client self-
 
 2 determination.  The department may designate area agencies or
 
 3 managed support organizations for this purpose.
 
 4      The department's responsibility for persons with
 
 5 developmental disabilities or mental retardation shall be under
 
 6 one administrative unit for the purpose of coordination,
 
 7 monitoring, evaluation, and delivery of services.  Not later than
 
 8 June 30, 1999, all programs and services falling under this
 
 9 chapter shall be provided in the community, including services
 
10 presently provided at Waimano training school and hospital.  When
 
11 the private sector does not provide or is not able to provide the
 
12 services, the department shall provide the services.  Clients at
 
13 Waimano training school and hospital shall be placed into
 
14 community-based programs provided appropriate support services
 
15 are available.
 
16      The department shall convene a panel not later than
 
17 August 1, 1995, to create a plan to provide services in the
 
18 community and to ensure that the transition of Waimano training
 
19 school and hospital residents to the community will be client-
 
20 centered, taking into consideration the health, safety, and
 
21 happiness of the residents and the concerns of their families.
 
22 The panel shall consist of but not be limited to consumers,
 

 
 
 
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 1 families, representatives from the private sector, employees and
 
 2 employee representatives, professionals, representatives of the
 
 3 University of Hawaii affiliate program, and representatives of
 
 4 the state planning council on developmental disabilities."
 
 5      SECTION 16.  Section 333F-2, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (c) to read as follows:
 
 7      "(c)  Supports and services the department shall administer
 
 8 include, but shall not be limited to:
 
 9      (1)  Early identification and evaluation of persons with
 
10           developmental disabilities or mental retardation;
 
11      (2)  Development, planning, and implementation in
 
12           coordination with other federal, state, and county
 
13           agencies, of service programs for persons with
 
14           developmental disabilities or mental retardation;
 
15      (3)  Development and provision of service programs in the
 
16           public or private sectors through chapter 42F or
 
17           chapter 103F, for persons with developmental
 
18           disabilities or mental retardation;
 
19      (4)  Establishment of a continuum of comprehensive services
 
20           and residential alternatives in the community to allow
 
21           persons with developmental disabilities or mental
 
22           retardation to live in the least restrictive,
 

 
 
 
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 1           individually appropriate environment;
 
 2      (5)  Development and implementation of a program for single-
 
 3           entry access by persons with developmental disabilities
 
 4           or mental retardation to services provided under this
 
 5           chapter as well as referral to, and coordination with,
 
 6           services provided in the private sector or under other
 
 7           federal, state, or county acts, and the development of
 
 8           an individualized service plan by an interdisciplinary
 
 9           team;
 
10      (6)  Collaborative and cooperative services with public
 
11           health and other groups for programs to prevent
 
12           developmental disabilities or mental retardation;
 
13      (7)  Informational and educational services to the general
 
14           public and to lay and professional groups;
 
15      (8)  Consultative services to the judicial branch of
 
16           government, educational institutions, and health and
 
17           welfare agencies whether the agencies are public or
 
18           private;
 
19      (9)  Provision of community residential alternatives for
 
20           persons with developmental disabilities or mental
 
21           retardation, including group homes and homes meeting
 
22           ICF/MR standards;
 

 
 
 
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 1     (10)  Provision of care at the skilled nursing level or in a
 
 2           skilled nursing facility, as individually appropriate;
 
 3     (11)  Provision of other programs, services, or facilities
 
 4           necessary to provide a continuum of care for persons
 
 5           with developmental disabilities or mental retardation;
 
 6     (12)  Provision of case management services independent of
 
 7           the direct service provider; [and]
 
 8     (13)  Development and maintenance of respite services in the
 
 9           community for persons with developmental disabilities
 
10           or mental retardation[.]; and
 
11     (14)  Provision of supported living stipend for persons with
 
12           developmental disabilities or mental retardation
 
13           choosing to live independently in a setting other than
 
14           a licensed residential facility."
 
15      SECTION 17.  There is appropriated out of the general
 
16 revenues of the State of Hawaii the sum of $         , or so much
 
17 thereof as may be necessary for fiscal year 1999-2000, and
 
18 $         , or so much thereof as may be necessary for fiscal
 
19 year 2000-2001, to provide increased home and community based
 
20 services for individuals with mental retardation or developmental
 
21 disabilities and to support changes to the present system so that
 
22 it is more flexible and responsive to meet the needs of families.
 

 
 
 
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 1      SECTION 18.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $          , or so
 
 3 much thereof as may be necessary for fiscal year 1999-2000, for
 
 4 the state planning council on developmental disabilities in the
 
 5 department of health to contract with a qualified independent
 
 6 entity to conduct a programmatic evaluation of case management
 
 7 services provided by the department of health.
 
 8      SECTION 19.  There is appropriated out of the developmental
 
 9 disabilities special fund of the State of Hawaii the sum of
 
10 $        , or so much thereof as may be necessary, for fiscal
 
11 year 1999-2000 and $        , or so much thereof as may be
 
12 necessary, for fiscal year 2000-2001 for Title XIX home and
 
13 community based waiver services for individuals with
 
14 developmental disabilities or mental retardation.
 
15      SECTION 20.  The sums appropriated in sections 4, 5, and 6
 
16 shall be expended by the department of health for the purposes of
 
17 this part.
 
18      SECTION 21.  There is appropriated out of the developmental
 
19 disabilities special fund of the State of Hawaii the sum of
 
20 $        , or so much thereof as may be necessary, for fiscal
 
21 year 1999-2000 and $         , or so much thereof as may be
 
22 necessary, for fiscal year 2000-2001 for Title XIX home and
 

 
 
 
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 1 community based waiver services for individuals with
 
 2 developmental disabilities or mental retardation.
 
 3      The sum appropriated shall be expended by the department of
 
 4 human services for the purposes of this part.
 
 5      SECTION 22.  The auditor shall conduct an independent
 
 6 financial evaluation of case management services provided by the
 
 7 department of health pursuant to section 333F-2(c)(12), Hawaii
 
 8 Revised Statutes, and report to the legislature no later than
 
 9 twenty days prior to the 2000 regular session.
 
10                             PART III
 
11      SECTION 23.  Statutory material to be repealed is bracketed. 
 
12 New statutory material is underscored.
 
13      SECTION 24.  This Act shall take effect on January 1, 2000;
 
14 provided that Part II shall take effect on July 1, 1999.