REPORT TITLE:
Assistive Technology


DESCRIPTION:
Requires DOE to sell an assistive technology device to a student
with a disability, upon request, as the student leaves school
system at a depreciated price.  Requires procuring agencies to
get training regarding procurement of such devices from the
assistive technology project designated for Hawaii under the
federal Assistive Technology Act of 1998.  (SB2387 SD2)

 
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                                                        2387
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROCUREMENT.



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

 1      SECTION 1.  Assistive technology devices foster human
 
 2 dignity by enabling individuals with disabilities to live
 
 3 independently, make choices, pursue meaningful careers, receive
 
 4 free and appropriate education, and be fully included and
 
 5 integrated into the mainstream of society.  Assistive technology
 
 6 devices assist two hundred twenty three thousand persons with
 
 7 disabilities in Hawaii, and that population is growing.
 
 8      The legislature finds that a problem with respect to the
 
 9 State's supply of assistive technology devices is that the
 
10 devices may not be re-used or recycled because the devices are
 
11 individualized to the person who uses them.
 
12      The purpose of this Act is to allow the department of
 
13 education to sell assistive technology devices to students with
 
14 disabilities using them at a depreciated price once the student
 
15 leaves the public school system.
 
16      SECTION 2.  Section 103D-1213, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§103D-1213[]]  Sale of produce, etc.; disposition of
 
19 proceeds; exceptions[.], sale of assistive technology devices.
 

 
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Page 2                                                     2387
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 (a)  Except as otherwise provided by law or rules adopted by the
 
 2 governor, the sale by any governmental office, department, board, 
 
 3 establishment, institution, or agency (hereafter referred to as
 
 4 "agency") of domestic animals such as hogs, poultry, etc.; of the
 
 5 produce of animal husbandry; of fruits, vegetables, and other
 
 6 agricultural produce; of manufactured articles; or the like
 
 7 (hereafter referred to as "products") where the raising,
 
 8 production, or manufacture of the same is a part of the usual or
 
 9 authorized activities of the agency, may be made by the agency in
 
10 a manner to be determined by the head of the agency.  The
 
11 proceeds of the sales, where not otherwise provided by law, shall
 
12 be paid into the general fund as state realizations.  If any of
 
13 the products are sold from one agency to any other agency, a
 
14 reasonable sale price may be paid to the selling agency by the
 
15 purchasing agency and credited to the current expense
 
16 appropriation of the selling agency, subject to re-expenditure
 
17 during the fiscal or other period in which the current expense
 
18 appropriation is available, and any unexpended balance shall
 
19 lapse at the end of the period.  This section shall not apply to
 
20 public school activities, such as the sale of food in public
 
21 school cafeterias, the proceeds of which are not considered as
 
22 public funds payable into the treasury of the State, nor shall
 
23 the same apply to activities of the University of Hawaii.
 

 
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Page 3                                                     2387
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 Nothing in this section shall be deemed to prohibit a transfer
 
 2 from one agency to another of the products without charge, if so
 
 3 ordered by the selling agency.
 
 4      (b)  The department of education, upon the request of the
 
 5 student with a disability, shall sell an assistive technology
 
 6 device to the student with a disability to whom it was assigned
 
 7 as the student leaves the public school system.  In order to
 
 8 determine the sale price of the device, the remaining useful
 
 9 depreciable life of the device shall be divided by the useful
 
10 depreciable life of the device when purchased.  The quotient
 
11 shall be multiplied by the price of the device when new.  The
 
12 product obtained shall be the sales price.  The depreciable life
 
13 shall be determined under section 167 of the Internal Revenue
 
14 Code of 1986, as amended.  The proceeds of the sales shall be
 
15 paid into the general fund as a state realization.
 
16      (c)  Agencies that procure assistive technology devices and
 
17 services shall receive basic orientation and training to obtain
 
18 knowledge regarding the procurement of those devices and services
 
19 from the assistive technology project designated for the State
 
20 under the federal Assistive Technology Act of 1998."
 
21      SECTION 3.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 4.  This Act shall take effect upon its approval.
 

 
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