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.  (SD1)

 

THE SENATE

S.B. NO.

921

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

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 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, removed the statewide council on independent living 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 a statewide independent living council from being placed within a state agency in order to receive the federal financial assistance.  Act 84 retained the statewide council on independent living but made the statewide council on independent living a temporary agency with a repeal date of June 30, 1998, at which time section 348-9 was to be reenacted.  On June 30, 1998, Act 84 was repealed and the statewide council on independent living was again administratively placed in the department of human services.  No other laws were passed after 1998 to remove the statewide council on independent living from placement in the department of human services.

     Federal law, title 29 United States Code section 796d, still requires the State to establish a statewide independent living council, which still cannot be established as an entity within a state agency for the State to be eligible to receive federal financial assistance.

     Section 348-9, Hawaii Revised Statutes, was well intended, but it does not conform to the federal requirements for a statewide independent living council, and has resulted in confusion.  Repealing section 348-9 will abolish the nonconforming statewide council on independent living.

     The purposes of this Act are to repeal section 348-9, Hawaii Revised Statutes, to abolish the statewide council on independent living established within the department of human services in section 348-9, Hawaii Revised Statutes, to conform to federal law, which prohibits a statewide independent living council from being within a state agency, and to thereby allow for compliance with the federal requirement for the receipt of federal financial assistance through the preparation of the state plan that is required by federal law.

     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 upon its approval.