REPORT TITLE:
Assistive technology


DESCRIPTION:
Requires interagency cooperative purchasing agreements among
agencies involved in the procurement and acquisition of assistive
technology devices and services.  Gives small businesses
preference to the assistive technology devices and services
procurement process.  Expands training and development for the
procurement of assistive technology devices and services.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2161
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROCUREMENT.


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

 1      SECTION 1.  Assistive technology devices foster human
 
 2 dignity by enabling individuals with disabilities to live
 
 3 independently, make choices, pursue meaningful careers, receive
 
 4 free and appropriate education, and be fully included and
 
 5 integrated into the mainstream of society.  Assistive technology
 
 6 devices assist two hundred twenty three thousand persons with
 
 7 disabilities in Hawaii, and that population is growing.
 
 8      The legislature finds that there is a significant lack of
 
 9 knowledge and understanding regarding the procurement of
 
10 assistive technology devices and services.  As a result, the
 
11 State lacks an adequate supply of assistance technology devices
 
12 and repair services vendors to ensure meaningful implementation
 
13 of any state policy relating to assistive technology, and does
 
14 not currently have an adequate number of assistive technology
 
15 suppliers and repairers.
 
16      Furthermore, despite the passage of the cooperative
 
17 agreement authorized pursuant to sections 103D-801 through 103D-
 
18 804, Hawaii Revised Statutes, there still remains a significant
 
19 problem with the transition of assistive technology devices and
 
20 services, especially for young children, due to the fact that
 

 
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 1 state agencies have failed to use these provisions to simplify
 
 2 and stabilize the process by which consumers are provided with
 
 3 assistive technology devices and services.
 
 4      Children and young adults are often denied the ability to
 
 5 make use of devices outside the standard school environment such
 
 6 as at home or other locations physically separated from the
 
 7 school environment.  They are also often denied the ability to
 
 8 transport a necessary device or service from one school to
 
 9 another within the state educational system, and often are
 
10 without the use of the devices when transitioning from public
 
11 school to higher education and employment.
 
12      The legislature further finds that not using the cooperative
 
13 purchasing authorization provided by sections 103D-801 through
 
14 103D-804, Hawaii Revised Statutes, specifically for the purposes
 
15 of procurement of assistive technology devices and services, has
 
16 resulted in significant hours and financial resources being
 
17 wasted in confrontation, hearings, and litigation, and has
 
18 ultimately hurt children, young adults, and persons with
 
19 disabilities.  The legislature concludes that, due to unnecessary
 
20 expenses, it would be considerably more economically efficient
 
21 for the State to require, rather than encourage, interagency
 
22 cooperative purchasing agreements among agencies involved in the
 
23 procurement and acquisition of assistive technology devices and
 
24 services.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      The purpose of this Act is to:
 
 2      (1)  Require interagency cooperative purchasing agreements
 
 3           among agencies involved in the procurement and
 
 4           acquisition of assistive technology devices and
 
 5           services;
 
 6      (2)  Give small businesses preference to the assistive
 
 7           technology devices and services procurement process;
 
 8           and
 
 9      (3)  Expand training and development for the procurement of
 
10           assistive technology devices and services.
 
11      SECTION 2.  Chapter 103D, Hawaii Revised Statutes, is
 
12 amended by adding two new sections to be appropriately designated
 
13 and to read as follows:
 
14      "103D-    Interagency cooperative agreements for assistive
 
15 technology devices.  (a)  Notwithstanding any other provision to
 
16 the contrary, all state and county governmental agencies
 
17 concerned with the care, education, or habilitation or
 
18 rehabilitation of children with disabilities or mandated to
 
19 provide education-related services shall enter into interagency
 
20 cooperative agreements for the purposes of providing assistive
 
21 technology devices and services to children with disabilities.
 
22 Interagency cooperative arrangements shall include but not be
 
23 limited to interagency agreements for:
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  The acquisition, including joint funding, maintenance,
 
 2           loan, sale, lease, or transfer of assistive technology
 
 3           devices; and
 
 4      (2)  The provision of assistive technology services
 
 5           including but not limited to assistive technology
 
 6           assessments and training.
 
 7      (b)  Interagency cooperative agreements shall be executed
 
 8 within six months from the passage of this Act, and shall be
 
 9 placed on file with the office of the governor, the office of the
 
10 legislative auditor, and the Assistive Technology Resource
 
11 Centers of Hawaii.
 
12      (c)  All interagency cooperative purchasing agreements shall
 
13 be reviewed by the office of the governor and the Assistive
 
14 Technology Resource Centers of Hawaii, and shall be monitored by
 
15 the Assistive Technology Resource Centers of Hawaii.
 
16      (d)  A cause of action shall arise under this chapter as:
 
17      (1)  A citizen and a taxpayer when one or more agencies or
 
18           organizations covered by this chapter do not
 
19           appropriately participate in the interagency
 
20           cooperative agreement requirements; or
 
21      (2)  An injured party when any agency or organization
 
22           inhibits or does not allow for the seamless transition
 
23           of devices and services through the employment of
 
24           obstructionist policies contrary to the public policy
 
25           adopted by this section.
 

 
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 1      103D-    Acquisition of assistive technology devices.  (a)
 
 2 Notwithstanding any other provision to the contrary, all state
 
 3 and county governmental agencies concerned with education or
 
 4 mandated to provide education-related services may loan, lease,
 
 5 sell, or otherwise transfer assistive technology devices for the
 
 6 use and benefit of children with disabilities or their parents or
 
 7 to any other public or private nonprofit agency providing
 
 8 services to or on behalf of individuals with disabilities
 
 9 including but not limited to any agency providing educational,
 
10 health, or rehabilitation services.
 
11      (b)  The notice requirement pursuant to this chapter shall
 
12 not apply to the loan, lease, sale, or transfer of assistive
 
13 technology devices or services allowed in subsection (a),
 
14 regardless of whether the devices have been declared a surplus.
 
15 Assistive technology devices shall not be subject to transfer
 
16 charges pursuant to section 103D-1106.  The transfer shall be
 
17 recorded in an agreement between the parties and based upon its
 
18 depreciated value.
 
19      (c)  Notwithstanding any other law to the contrary, each
 
20 agency shall establish and maintain an inventory of assistive
 
21 technology devices in its possession that exceed $100, and, for
 
22 each device, shall establish a value, which shall be adjusted
 

 
 
 
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 1 annually to reflect depreciation.  The list shall be provided to
 
 2 the Assistive Technology Resource Centers of Hawaii on a semi-
 
 3 annual basis.
 
 4      (d)  This section shall not enhance or diminish the
 
 5 obligation of school districts to provide assistive technology
 
 6 devices to children with disabilities where needed to achieve a
 
 7 free and appropriate public education and equal opportunity in
 
 8 accessing academic and extracurricular activities."
 
 9      SECTION 3.  Section 103D-104, Hawaii Revised Statutes, is
 
10 amended by adding three new definitions to be appropriately
 
11 inserted and to read as follows:
 
12      ""Assistive technology device" means any item, piece of
 
13 equipment, or product system, whether acquired commercially,
 
14 modified, or customized, that is used to increase, maintain, or
 
15 improve functional capabilities of children with disabilities.
 
16      "Assistive technology property" means any item, piece of
 
17 equipment, or product system, whether acquired commercially,
 
18 modified, or customized, that is used to increase, maintain, or
 
19 improve functional capabilities of persons with disabilities or
 
20 any service that directly assists a person with a disability in
 
21 the selection, acquisition, maintenance, or use of an assistive
 
22 device.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "Assistive technology service" means any service that
 
 2 directly assists a person with a disability in the selection,
 
 3 acquisition, or use of an assistive technology device.  Assistive
 
 4 technology service includes:
 
 5      (1)  The evaluation of the needs of a person with a
 
 6           disability, including a functional evaluation of a
 
 7           child in the child's customary environment;
 
 8      (2)  Purchasing, leasing, or otherwise providing for the
 
 9           acquisition of assistive technology devices by persons
 
10           with disabilities;
 
11      (3)  Selecting, designing, fitting, customizing, adapting,
 
12           applying, retaining, repairing, or replacing of
 
13           assistive technology devices;
 
14      (4)  Coordinating and using other therapies, interventions,
 
15           or services with assistive technology devices, such as
 
16           those associated with existing education and
 
17           rehabilitation plans and programs;
 
18      (5)  Training or technical assistance for a person with a
 
19           disability or, if appropriate, the person's family; and
 
20      (6)  Training or technical assistance for professionals,
 
21           including individuals providing education and
 
22           rehabilitation services, employers, or other
 
23           individuals who provide services to, employ, or are
 
24           otherwise substantially involved in the major life
 
25           functions of children with disabilities."
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  Section 103D-110, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "103D-110  Education and training.  The department of human
 
 4 resources development, either alone or in cooperation with any
 
 5 governmental body, including the department of labor and
 
 6 industrial relations, or in cooperation with other states, the
 
 7 federal government, or other persons may:
 
 8      (1)  Develop and maintain a comprehensive training and
 
 9           development program for procurement professionals of
 
10           the State and the [several] counties;
 
11      (2)  Conduct or participate in procurement education and
 
12           training for persons not employed by the State; and
 
13      (3)  Sponsor a purchasing certification program conducted by
 
14           a voluntary organization of procurement professionals,
 
15 that shall require basic orientation and knowledge regarding the
 
16 procurement of assistive technology devices and services."
 
17      SECTION 5.  Section 103D-902, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "103D-902  Small business assistance.  (a)  The policy
 
20 board shall adopt rules to assist small businesses in learning
 
21 how to do business with the State.
 

 
 
 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (b)  Small businesses that qualify under this chapter and
 
 2 are owed, in whole or in part, by one or more persons with a
 
 3 disability shall be given preference in State procurement of
 
 4 assistance technology devices and services."
 
 5      SECTION 6.  Section 103D-1201, Hawaii Revised Statutes, is
 
 6 amended by adding a new definition to be appropriately inserted
 
 7 and to read as follows:
 
 8      ""Assistive technology property" means any item, piece of
 
 9 equipment, or product system, whether acquired commercially,
 
10 modified, or customized, that is used to increase, maintain, or
 
11 improve functional capabilities of persons with disabilities or
 
12 any service that directly assists a person with a disability in
 
13 the selection, acquisition, maintenance, or use of an assistive
 
14 device."
 
15      SECTION 7.  (a)  The department of business, economic
 
16 development, and tourism, in cooperation with the Assistive
 
17 Technology Centers of Hawaii, shall develop a program, including
 
18 various incentives, to encourage out-of-state businesses and
 
19 vendors that provide assistance technology devices in Hawaii to
 
20 increase their supplies to Hawaii, as well as to encourage
 
21 in-state vendors and entrepreneurs to invest in assistive
 
22 technology-related businesses in the State.
 

 
 
 
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 1      (b)  The department of business, economic development, and
 
 2 tourism shall submit a report describing its program and
 
 3 implementation plan to the legislature no later than twenty days
 
 4 prior to the convening of the regular session of 2001.  The
 
 5 program shall be implemented no later than January 31, 2001.
 
 6      SECTION 8.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 9.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________