Report Title:

Severely Handicapped Persons; Employment

HOUSE OF REPRESENTATIVES

H.C.R. NO.

80

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

requesting a hawaii state law on employment of severely handicapped persons.

 

 

WHEREAS, sections 76-16 and 78-2, Hawaii Revised Statutes, were amended in 1980 to provide public employment opportunities for severely handicapped persons who are unable to compete with other non-disabled candidates; and

WHEREAS, section 76-16(23), Hawaii Revised Statutes, provides a civil service exemption for severely handicapped persons who are certified by the State's Vocational Rehabilitation Office as able to safely perform the duties of the position available; and

WHEREAS, section 78-2, Hawaii Revised Statutes, promoted equal employment opportunities for severely handicapped individuals by requiring all state departments or agencies to develop and implement programs for the selective employment of severely handicapped persons in 1980; and

WHEREAS, the Department of Education has implemented such a program which allows severely handicapped individuals to be considered permanent, exempt employees as long as they:

(1) Are certified by the Vocational Rehabilitation Office; and

(2) Perform satisfactorily on the job;

and

WHEREAS, such programs, while noteworthy, do not allow severely handicapped individuals to transfer their Vocational Rehabilitation Office certification to other places of public employment; and

WHEREAS, these individuals are locked into specific employment positions because of the non-transferable nature of programs enacted by section 78-2, Hawaii Revised Statutes; and

WHEREAS, such instances should be examined and corrected in the interest of equity for severely handicapped individuals seeking public employment and sound management policy; and

WHEREAS, on July 26, 1990, the federal government passed the Americans with Disabilities Act which set down in part, specific regulations and guidelines for hiring or employing disabled individuals; and

WHEREAS, since the Americans with Disabilities Act passed ten years after passage of the state provisions, there may be inconsistencies and inaccuracies in state law such as the non-transferable certification in section 78-2, Hawaii Revised Statutes; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, the Senate concurring, that the Commission on Persons with Disabilities, the Department of Human Services, and the Department of Human Resources Development, are requested to jointly meet and conduct a comprehensive review of Hawaii state law on employment of severely handicapped persons; and

BE IT FURTHER RESOLVED that the study participants are requested to:

(1) Review whether Hawaii law is still relevant, in view of the subsequent passage of the American with Disabilities Act;

(2) Review whether the State should mirror federal employment regulations which allow disabled employees to receive civil service status after completing a six-month probation period; and

(3) Draft any necessary proposed legislation for submission the Legislature during the 2002 Regular Session;

and

BE IT FURTHER RESOLVED that the participants are requested to submit their findings, recommendations, and any proposed legislation to the Legislature no later than twenty days before the convening of the Regular Session of 2002; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Executive Director of the Commission on Persons with Disabilities, the Director of Human Services, the Administrator of the Vocational Rehabilitation and Services for the Blind Division of the Department of Human Services, and the Director of Human Resources Development.

 

 
 

OFFERED BY:

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