Bill Text: HI SB921 | 2010 | Regular Session | Amended
Bill Title: Federal Financial Assistance for Independent Living Services and Centers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB921 Detail]
Download: Hawaii-2010-SB921-Amended.html
Report Title:
Federal Financial Assistance for Independent Living Services and Centers
Description:
Repeals section 348-9, Hawaii Revised Statutes, that establishes the Statewide Council on Independent Living within the Department of Human Services. Takes effect January 1, 2050. (SB921 HD1)
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THE SENATE |
S.B. NO. |
921 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR INDEPENDENT LIVING SERVICES AND CENTERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The statewide council on independent living (council) was created by Act 197, Session Laws of Hawaii 1993 (codified as section 348-9, Hawaii Revised Statutes), and placed within the department of human services.
Act 84, Session Laws of Hawaii 1995 (Act 84), removed the council from the department of human services to conform with the 1992 amendment to the federal Rehabilitation Act of 1973, as amended, Title 29 United States Code Section 796d, which requires states to establish a statewide independent living council to receive federal financial assistance and prohibited them from being placed within a state agency to receive federal financial assistance. Act 84 retained the council but made it a temporary agency with a repeal date of June 30, 1998, at which time section 348-9, Hawaii Revised Statutes, was to be reenacted. On June 30, 1998, Act 84 was repealed, and the council was again administratively placed in the department of human services. No other laws were passed after 1998 to remove the council from placement in the department of human services.
Title 29 United States Code Section 796d remains in effect, however, and the State must still adhere to these requirements to be eligible to receive federal financial assistance.
Section 348-9, Hawaii Revised Statutes, while well-intended, does not conform to the federal requirements for a statewide independent living council, and has resulted in confusion. Repealing section 348-9 Hawaii Revised Statutes, will abolish the nonconforming council.
The purposes of this Act are to repeal section 348-9, Hawaii Revised Statutes, to abolish the council as an entity within the department of human services, thereby conforming to federal law, and making the council eligible for federal financial assistance through the development of a state plan as an independent entity.
SECTION 2. Section 348-9, Hawaii Revised Statutes, is repealed.
["§348-9
Statewide council on independent living. (a) There is established within the department of
human services a statewide council on independent living. The council shall
consist of nineteen members appointed by the governor as provided in section
26-34 and without regard to section 78-4. The members shall include:
(1) At least one director of a center [for]
independent living chosen by the directors of centers for independent living;
(2) An employee of the department as an ex officio nonvoting member;
and
(3) Members of other state agencies that provide services for
individuals with disabilities as ex officio nonvoting members.
(b) The council may also include:
(1) Additional
representatives from centers for independent living;
(2) Parents
and guardians of individuals with disabilities;
(3) Advocates
of and for individuals with disabilities;
(4) Representatives
from private business;
(5) Representatives
from organizations that provide services; and
(6) Other
appropriate individuals;
provided that the council shall include at least one member from each county;
and provided further that a majority of the council shall be individuals with
disabilities who are not employed by any state agency or center for independent
living. The council shall elect a chairperson from the membership. Each
member shall serve a term of three years and may not serve more than two
consecutive full terms.
(c) The council members shall serve without compensation but shall be
reimbursed for reasonable expenses, including travel expenses, necessary for
the performance of their duties.
(d) The
council shall:
(1) Develop
and submit jointly with the department a state plan;
(2) Monitor,
review, and evaluate the implementation of the state plan;
(3) Coordinate
activities with the state rehabilitation council; and
(4) Submit
to the commissioner of the rehabilitation services administration such periodic
reports as are requested."]
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect on January 1, 2050.
