HB1856

SECTION 1. Chapter 801, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§801- Sign language interpreter; requirement. (a) At any stage of a criminal proceeding, including the taking of a person into custody prior to being charged with any offense, a person who reasonably appears to require a sign language interpreter for communication purposes shall have the right to receive the services of a sign language interpreter certified by the judiciary.

(b) A law enforcement officer, judiciary employee, or other agent of the State or county who fails to provide a sign language interpreter to a person pursuant to subsection (a) shall be subject to the following penalties:

(1) For a first offense, an administrative fine of $ , which shall be deposited into the disability and communication access board special fund established under section 348F-7; and

(2) For a subsequent offense that occurs within one year of a prior offense, the offense shall be a violation punishable by a fine of not less than $ and not more than $ , which shall be deposited into the court interpreting services revolving fund established under section 607-1.5.

SECTION 2. Section 348F-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§348F-3[]] Duties and functions of the board. The board shall perform the following duties and functions:

(1) Establish guidelines for the design of buildings and facilities by or on behalf of the State and counties in accordance with section 103-50;

(2) Provide review and recommendations on all state and county plans for buildings and facilities, in accordance with section 103-50;

(3) Establish guidelines for the utilization of communication access services provided for persons who are deaf, hard-of-hearing, or deaf-blind in state and county programs and activities. Guidelines include[,] but are not limited to[,] determining the qualifications of interpreters who may provide services, the amount of payment to interpreters, and the credentialing of interpreters who do not hold national certification via a state screening process;

(4) Administer the statewide program for parking for disabled persons, in accordance with part III of chapter 291;

(5) Serve as public advocate of persons with disabilities by providing advice and recommendations on matters relating to access for persons with disabilities, with emphasis on legislative matters, administrative rules, policies, and procedures of the state and county governments;

(6) Review and assess the problems and needs relating to access for persons with disabilities in the State in order to provide recommendations [~~in the improvement of~~] to improve laws and services;

(7) Serve as the designated state agency to coordinate the efforts of the State to comply with the requirements of the Americans with Disabilities Act for access to services, employment, telecommunications, and facility and site design;

(8) Provide technical assistance and guidance to, but not limited to, state and county entities in order to meet the requirements of state, federal, and county laws providing for access for persons with disabilities through public education programs and other voluntary compliance efforts; [~~and~~]

(9) Administer funds allocated for its work, including disbursement and allocation of funds that may be available from public and private sources; provided that [~~such~~] the disbursement and allocation shall be consistent with the specific requirements and purposes of this chapter[.]; and

(10) Enforce the administrative penalty provided for in section 801- (b)(1)."

SECTION 3. Section 348F-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the disability and communication access board special fund to be administered by the disability and communication access board. All moneys received by the disability and communication access board, including any administrative fines collected pursuant to section 801‑ (b)(1), shall be deposited into the special fund. All interest earned or accrued on moneys deposited into this special fund shall become part of the special fund."

SECTION 4. Section 607-1.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established in the state treasury the court interpreting services revolving fund, into which shall be deposited:

(1) Fees, charges, and other moneys collected for programs relating to interpreter issues and training, screening, testing, and certification of court interpreters;

(2) Fines collected for violations under section 801‑ (b)(2);

[~~(2)~~] (3) All moneys received from public or private sources for the purposes of this fund; and

[~~(3)~~] (4) Any interest accrued or investment earnings realized that are attributable to the moneys in the revolving fund."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2018.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1856
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII