STAND. COM. REP. NO. 2052

Honolulu, Hawaii

RE: H.B. No. 747

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 747, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DISABLED PERSONS,"

begs leave to report as follows:

The purpose and intent of this measure is to ensure equal opportunity to disabled persons in public employment.

Specifically, this measure:

(1) Establishes "employment first" as a policy of the State and counties, to fully include disabled persons in the workplace and community through integrated employment as the first option for employment services for disabled persons of working age; and

(2) Requires the Department of Human Services to:

(A) Practice employment first principles with respect to personnel in Medicaid home- and community-based waiver programs; and

(B) Ensure that contracted service and care providers in Medicaid home- and community-based waiver programs practice employment first principles in the hiring of their employees.

Your Committee received written comments in support of this measure from the State Council on Developmental Disabilities, State Rehabilitation Council, Arc of Kona, Democratic Party of Hawaii Labor Caucus, and two individuals.

Your Committee finds that it is appropriate for the State and counties to take action to ensure that disabled persons have the opportunity to attain gainful employment in the public sector.

Your Committee notes the concerns expressed by the State Council on Developmental Disabilities that this Act could be construed as requiring employers to give preference to, or mandate hiring of, a person with a disability, which would exceed the definition of "employment first."

Your Committee has amended this measure by changing the effective date to July 1, 2050, to facilitate further discussion on the measure.

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 H.B. No. 747, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 747, H.D. 1, S.D. 1.

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

________________________________

DONOVAN M. DELA CRUZ, Chair