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. (HB2161
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2161
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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
 

 
Page 2                                                     2161
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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.
 

 
Page 3                                                     2161
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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.  The Hawaii Revised Statutes is amended by adding
 
12 a new chapter to title 20 to read as follows:
 
13                             "CHAPTER
 
14                       ASSISTIVE TECHNOLOGY
 
15        -1  Definitions.  As used in this chapter:
 
16      ""Assistive technology device" 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 children with disabilities.
 
20      "Assistive technology property" means any item, piece of
 
21 equipment, or product system, whether acquired commercially,
 
22 modified, or customized, that is used to increase, maintain, or
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
Page 5                                                     2161
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (6)  Training or technical assistance for professionals,
 
 2           including individuals providing education and
 
 3           rehabilitation services, employers, or other
 
 4           individuals who provide services to, employ, or are
 
 5           otherwise substantially involved in the major life
 
 6           functions of children with disabilities.
 
 7        -2  Interagency cooperative agreements for assistive
 
 8 technology devices.(a)  Notwithstanding any provision to the
 
 9 contrary, all state and county governmental agencies concerned
 
10 with the care, education, or habilitation or rehabilitation of
 
11 children with disabilities or mandated to provide
 
12 education-related services shall enter into interagency
 
13 cooperative agreements to provide assistive technology devices
 
14 and services to children with disabilities.  Interagency
 
15 cooperative arrangements shall include but not be limited to
 
16 interagency agreements for:
 
17      (1)  The acquisition, including joint funding, maintenance,
 
18           loan, sale, lease, or transfer of assistive technology
 
19           devices; and
 
20      (2)  The provision of assistive technology services
 
21           including but not limited to assistive technology
 
22           assessments and training.
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
Page 7                                                     2161
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 otherwise transfer assistive technology devices for the use and
 
 2 benefit of children with disabilities or their parents or to any
 
 3 public or private nonprofit agency providing services to or on
 
 4 behalf of individuals with disabilities including but not limited
 
 5 to any agency providing educational, health, or rehabilitation
 
 6 services.
 
 7      (b)  The notice requirement pursuant to this chapter shall
 
 8 not apply to the loan, lease, sale, or transfer of assistive
 
 9 technology devices or services allowed in subsection (a),
 
10 regardless of whether the devices have been declared a surplus.
 
11 Assistive technology devices shall not be subject to transfer
 
12 charges pursuant to section 103D-1106.  The transfer shall be
 
13 recorded in an agreement between the parties and based upon its
 
14 depreciated value.
 
15      (c)  Notwithstanding any law to the contrary, each agency
 
16 shall establish and maintain an inventory of assistive technology
 
17 devices in its possession that exceed $100, and, for each device,
 
18 shall establish a value, which shall be adjusted annually to
 
19 reflect depreciation.  The list shall be provided to the
 
20 Assistive Technology Resource Centers of Hawaii on a semi-annual
 
21 basis.
 
22      (d)  This section shall not enhance or diminish the
 
23 obligation of school districts to provide assistive technology
 

 
Page 8                                                     2161
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 devices to children with disabilities where needed to achieve a
 
 2 free and appropriate public education and equal opportunity in
 
 3 accessing academic and extracurricular activities.
 
 4        -4  Education and training.  The department of human
 
 5 resources development, either alone or in cooperation with any
 
 6 governmental body, including the department of labor and
 
 7 industrial relations, or in cooperation with other states, the
 
 8 federal government, or other persons may:
 
 9      (1)  Develop and maintain a comprehensive training and
 
10           development program for procurement professionals of
 
11           the State and the counties;
 
12      (2)  Conduct or participate in procurement education and
 
13           training for persons not employed by the State; and
 
14      (3)  Sponsor a purchasing certification program conducted by
 
15           a voluntary organization of procurement professionals,
 
16 that shall require basic orientation and knowledge regarding the
 
17 procurement of assistive technology devices and services.
 
18        -5 Small business assistance.(a)  The procurement
 
19 policy board created in section 103D-201 shall adopt rules to
 
20 assist small businesses in learning how to do business with the
 
21 State.
 
22      (b)  Small businesses that qualify under chapter 103D and
 
23 are owned, in whole or in part, by one or more persons with a
 
24 disability shall be given preference in State procurement of
 
25 assistance technology devices and services."
 

 
Page 9                                                     2161
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  (a)  The department of business, economic
 
 2 development, and tourism, in cooperation with the Assistive
 
 3 Technology Centers of Hawaii, shall develop a program, including
 
 4 various incentives, to encourage out-of-state businesses and
 
 5 vendors that provide assistance technology devices in Hawaii to
 
 6 increase their supplies to Hawaii, as well as to encourage
 
 7 in-state vendors and entrepreneurs to invest in assistive
 
 8 technology-related businesses in the State.
 
 9      (b)  The department of business, economic development, and
 
10 tourism shall submit a report describing its program and
 
11 implementation plan to the legislature no later than twenty days
 
12 prior to the convening of the regular session of 2001.  The
 
13 program shall be implemented no later than January 31, 2001.
 
14      SECTION 4.  This Act shall take effect upon its approval.