STAND. COM. REP. NO. 3553

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.C.R. No. 196
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred H.C.R. No. 196, H.D. 1, entitled:

     "HOUSE CONCURRENT RESOLUTION REQUESTING THE GOVERNOR TO
     DEVELOP AND IMPLEMENT A STATEWIDE, COMPREHENSIVE, AND
     EFFECTIVE WORKING PLAN FOR PLACING QUALIFIED PERSONS WITH
     DISABILITIES IN THE MOST INTEGRATED SETTINGS POSSIBLE AND TO
     KEEP WAITING LISTS THAT MOVE AT A REASONABLE PACE,"

begs leave to report as follows:

     The purpose of this measure is to request the Governor to
convene a task force to develop and implement a comprehensive
statewide plan to address the issue of the State's compliance
with the integration mandate of Title II of the Americans with
Disabilities Act (ADA).

     Your Committee received testimony in support of this measure
from the Department of Health, Disability and Communication
Access Board, State Planning Council on Developmental
Disabilities, Hawaii State Commission on the Status of Women, ARC
in Hawaii, Hawaii Disability Rights Center, Mental Health
Association in Hawaii, Hawaii Centers for Independent Living,
NAMI Oahu, and a private individual.

     The ADA has been interpreted by the United States Supreme
Court in Olmstead v. L.C., to apply to the mentally retarded and
mentally ill who are confined in state-run institutions, despite
the fact that their treatment professional had determined that

 
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                                   STAND. COM. REP. NO. 3553
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they could be appropriately served in a community setting.  A
similar case was recently decided in Hawaii in the United States
District Court in Makin, Mullen, et. al. v. Cayetano, in which
Judge David Ezra held that the integration mandate of the ADA
applied to persons at risk of institutionalization (although not
yet living in institutions), and that the State must have a
comprehensive plan to move persons off the wait lists for
community services at a reasonable pace.

     This measure is intended to facilitate and expedite the
Makin decision.  Your Committee believes that a task force
comprised of a broad sector of public and community service
agencies is necessary to achieve compliance with Makin.

     Your Committee has amended this measure by inserting in its
place Senate Concurrent Resolution No. 163, S.D. 1, a companion
measure.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee concurs with the intent and purpose of
H.C.R. No. 196, H.D. 1, as amended herein, and recommends that it
be referred to the Committee on Ways and Means, in the form
attached hereto as H.C.R. No. 196, H.D. 1, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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