SB2290

SECTION 1. (a) The legislature finds that Title 42 United States Code chapter 144, subchapter 1, part C, provides for the protection and advocacy of the individual rights of persons with development disabilities. The purpose of the federal law, as expressed in Title 42 United States Code section 15041, is to "provide for allotments to support a protection and advocacy system (referred to in this part as a "system") in each State to protect the legal and human rights of individuals with developmental disabilities." Each state is allotted from $150,000 to $200,000 in federal funds for this purpose each fiscal year (42 U.S.C. 15042). In order for a state to receive this federal allotment, a state must "have in effect a system to protect and advocate the rights of individuals with developmental disabilities."

(b) The advocacy system must have the authority to:

(1) Pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the state who are or who may be eligible for treatment, services, or habilitation, or who are being considered for a change in living arrangements, with particular attention to members of ethnic and racial minority groups;

(2) Provide information on and referral to programs and services addressing the needs of individuals with developmental disabilities; and

(3) Investigate incidents of abuse and neglect of individuals with developmental disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.

(1) Develop, submit to the Secretary of Health and Human Services, and take action with regard to goals and priorities, developed through data driven strategic planning, for the system's activities; and

(2) Provide to the public, including individuals with developmental disabilities attributable to either physical impairment, mental impairment, or a combination of physical and mental impairment, and their representatives, and as appropriate, non-state agency representatives of the state councils on developmental disabilities, and centers, in the state, an opportunity to comment on various issues.

(d) The advocacy system is further required by federal law to:

(1) Establish a grievance procedure;

(2) Not be administered by the state council on developmental disabilities;

(3) Be independent of any agency that provides treatment, services, or habilitation to individuals with developmental disabilities;

(4) Have access at reasonable times to any individual with a developmental disability in a location in which services, supports, and other assistance are provided to the individual;

(5) Have access to certain records;

(6) Hire and maintain staff;

(7) Have authority to educate policymakers; and

(8) Provide assurances to the Secretary of Health and Human Services that funds allotted to the state will be used to supplement, and not supplant, the non-federal funds that would otherwise be made available for the purposes for which the federal funds are allotted.

The legislature further finds that the advocacy system may be organized as a nonprofit entity with a multimember governing board, as it is in Hawaii. In such a case, if the governor has the authority to appoint members of the board, not more than one-third of the members of the advocacy system's governing board may be appointed by the governor (42 U.S.C. section 15044).

(e) The purpose of this Act is to authorize the governor, in accordance with federal law, to appoint members from lists of nominees submitted by the president of the senate and the speaker of the house of representatives to the governing board of the State's advocacy system, which is organized as a nonprofit entity.

SECTION 2. Chapter 333F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§333F- Advocacy system; appointment of members by governor; nominations from president of the senate and speaker of the house of representatives. The governor is authorized to appoint a total of two members to the governing board of the State's advocacy system, which is organized as a nonprofit entity as described in Title 42 United State Code section 15044. Pursuant to 42 United State Code section 15044, the governor shall appoint one member each from a list of nominees submitted by the president of the senate and from a list of nominees submitted by the speaker of the house of representatives."

SECTION 3. No person serving on the governing board of the State's advocacy system as of the effective date of this Act shall be removed from that position because of changes to procedures required by section 2 of this Act; provided that any appointment of a new member made in compliance with the provisions of section 2 of this Act shall be made immediately upon the expiration of the term of the appropriate incumbent.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2290
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII