STAND. COM. REP. NO. 2220

Honolulu, Hawaii

RE:    S.B. No. 2887

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2887 entitled:

"A BILL FOR AN ACT RELATING TO DEVELOPMENTAL DISABILITIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "developmental disabilities" in section 333F-1, Hawaii Revised Statutes, to include children from birth to age nine who have a substantial developmental delay or specific congenital or acquired condition and without services and supports, have a high probability of meeting criteria for developmental disabilities later in life.

     Your Committee received testimony in support of this measure from the Department of Health, State Council on Developmental Disabilities, Hawaii Children's Action Network, and one individual.

     Your Committee finds that pursuant to House Concurrent Resolution No. 14 adopted in 2014, the Department of Health established a task force to review Hawaii's statutory definition of "developmental disabilities".  The task force found that the federal definition of "developmental disabilities" was revised in 2000 to include infants and young children with substantial developmental delays or specific congenital or acquired conditions, where due to their age, functional criteria that are used for adolescents and adults could not be reliably applied to infants and young children.  Because Hawaii's current statutory definition of "developmental disabilities" requires that an individual have three or more functional limitations in major life activities, the definition can exclude infants and young children from receiving necessary services.  This measure aligns the state definition with the federal definition and enables the Department of Health to serve infants and young children through early intervention and supports.

     Your Committee has amended this measure by:

     (1)  Changing the format of the amendment to the definition of "developmental disabilities" to ensure that the amendment applies to the entire definition; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2887, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2887, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair