STAND. COM. REP. NO. 1420

Honolulu, Hawaii

RE:    S.R. No. 67

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Human Services, to which was referred S.R. No. 67 entitled:

"SENATE RESOLUTION URGING CONGRESS TO OPPOSE THE PROPOSED RULE AMENDMENTS PUBLISHED ON APRIL 10, 2008 IN THE FEDERAL REGISTER (73 FED. REG. 19708) THAT IMPLEMENT THE DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT OF 2000, AND TO SUPPORT NEW SECTIONS IN THE UPCOMING REAUTHORIZATION,"

begs leave to report as follows:

     The purpose of this measure is to urge the United States Congress to oppose the proposed rule amendments published on April 10, 2008 in the Federal Register (73 Fed. Reg. 19708) that implement the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and to support new sections in the upcoming reauthorization.

     Testimony in support of this measure was submitted by two individuals.  Testimony in opposition was submitted by the State Council on Developmental Disabilities and the Hawaii Disability Rights Center.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that the proposed rule amendments aim to expand the powers of protection and advocacy agencies, which could have a negative impact on the environment in which people with disabilities and their families receive services and exercise their rights.  Although the proposed rules are currently on hold due to technicalities and the administration change at the federal level, there is a concern that these rules may be revived as the Developmental Disabilities Assistance and Bill of Rights Act of 2000 is considered for reauthorization by the United States Congress in 2009.

     Your Committee has amended this measure by:

     (1)  Specifying the amendments to the Code of Federal Regulations opposed by this measure, including pinpoint citations; and

     (2)  Making technical, nonsubstantive changes for clarity.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 67, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 67, S.D. 1.

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

____________________________

SUZANNE CHUN OAKLAND, Chair