STAND. COM. REP. NO. 2552

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 Ways and Means, to which was referred S.B. No. 2887, S.D. 1, 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 recognize other conditions not currently covered under the existing definition.

     Your Committee received written comments in support of this measure from the Department of Health, Disability and Communication Access Board, State Council on Developmental Disabilities, and Special Education Advisory Council.

     Your Committee finds that a task force was established in 2014 to review Hawaii's statutory definition of "developmental disabilities."  For an individual to be considered to have a developmental disability under the current statutory definition of "developmental disabilities," the individual among other things, must have substantial functional limitations in three or more areas of major life activity.  However, infants and young children are unlikely to exhibit the functional limitations required by the current statutory definition, as some of the limitations may not manifest or become observable until later in life.

     The task force recommended that the definition of "developmental disabilities" in section 333F-1, Hawaii Revised Statutes, be amended to clarify that a child may be considered to have a developmental disability without meeting three or more of the criteria described in the definition if the child has a high probability of meeting those criteria later in life.  Accordingly, your Committee believes that making this amendment will allow more children with developmental disabilities to receive necessary services and will align the State statutory definition of "developmental disabilities" with the federal definition.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2887, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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JILL N. TOKUDA, Chair