Report Title:

Prohibition of Discrimination; Individuals with Disabilities

 

Description:

Strengthens current state law to assure individuals with disabilities equal access to state and county government services, programs, and activities.

 

THE SENATE

S.B. NO.

1311

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to individuals with disabilities.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The State of Hawaii believes in equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. The purpose of this Act is to strengthen current state law to assure individuals with disabilities equal access to state and county government services, programs, and activities. This includes services, programs, and activities provided by or on behalf of the State or counties by private entities.

Public entities shall operate their programs, services, or activities so that, when viewed in their entirety, they are readily accessible to, and useable by, individuals with disabilities. The legislature confirms that to deny a qualified individual with a disability access to a state or county program, service, or activity, is discrimination under the law.

SECTION 2. Section 368-1.5, Hawaii Revised Statutes, is amended to read as follows:

"§368-1.5 [Programs] State and county services, programs, and activities receiving state or county financial assistance. (a) No [otherwise] qualified individual in the State shall, [solely] by reason of his or her disability, be excluded from [the] participation in, be denied the benefits of[,] the services, programs, or activities of, or be subjected to discrimination by any state [agencies,] or county agency, or [under] by any service, program, or activity receiving state or county financial assistance.

For an individual with a disability to enjoy equal access to and participate in a public program, service, or activity, the public entity may need to:

(1) Provide a reasonable modification to rules, policies, or practices;

(2) Remove any architectural, communication, or transportation barriers; or

(3) Provide auxiliary aids and services.

The public entity may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of measures, such as the provision of auxiliary aids, barrier removal, and reasonable modification to policies, practices, or procedures, that are required to provide that individuals or groups with the nondiscriminatory treatment required.

(b) Definitions. As used in this section[, the term "disability"]:

"Disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.

"Public entity" means:

(1) Any state or local government; any department, agency, special purpose district, or

(2) Any other instrumentality of a state or local government.

"Qualified individual with a disability" means an individual with a disability that meets the essential eligibility requirements of the program, service, or activity offered by the public entity. The "essential eligibility requirements" depends on the type of service or activity involved.

[(c) As used in this section, "state] "State or county financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State or county provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State[.] or county. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State[.] or county."

SECTION 3. Pursuant to section 368-3.9 and chapter 91, Hawaii Revised Statutes, the civil rights commission may adopt administrative rules to effectuate section 368-1.5, Hawaii Revised Statutes.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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