STAND. COM. REP. NO.  1543

 

Honolulu, Hawaii

                , 2009

 

RE:   H.R. No. 238

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committees on Human Services and Health, to which was referred H.R. No. 238 entitled:

 

"HOUSE RESOLUTION URGING CONGRESS TO OPPOSE THE PROPOSED RULE AMENDMENTS PUBLISHED ON APRIL 10, 2008 IN THE FEDERAL REGISTER (73 FED. REG. 19708) THAT IMPLEMENT THE DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT OF 2000, AND TO SUPPORT NEW SECTIONS IN THE UPCOMING REAUTHORIZATION,"

 

beg leave to report as follows:

 

     The purpose of this resolution is to:

 

     (1)  Declare that the Legislature is opposed to the proposed amendments to the Developmental Disabilities Assistance and Bill of Rights Act of 2000 as published on April 10, 2008, in the Federal Register, and urge the United States Congress to do the same; and

 

     (2)  State that in the process of reauthorization, the Developmental Disabilities Assistance and Bill of Rights Act of 2000 should include provisions regarding oversight, protocol, and transparency with respect to the designated advocacy service provider.

 

     Several concerned individuals supported this resolution.  The State Council on Developmental Disabilities and Hawaii Disability Rights Center (HDRC) opposed this resolution.

     Your Committees note the concerns raised by HDRC that there are numerous inaccuracies in this resolution regarding the contents of the proposed regulations.  HDRC stated that the main thrust of the proposed regulations is to codify court decisions which may have been issued regarding the authority of the protection and advocacy systems or to conform these developmental disability regulations with those that govern the program for the Protection and Advocacy for Individuals with Mental Illness.  Additionally, HDRC stated that the public comment period for these proposed regulations has elapsed, meaning that any expression of support or opposition by the Legislature will not be entered as part of the record.   

 

     As affirmed by the records of votes of the members of your Committees on Human Services and Health that are attached to this report, your Committees concur with the intent and purpose of H.R. No. 238 and recommend that it be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Human Services and Health,

 

 

____________________________

RYAN I. YAMANE, Chair

 

____________________________

JOHN M. MIZUNO, Chair