REPORT TITLE:
Assistive Technology


DESCRIPTION:
Establishes the Assistive Technology Revolving Fund.  Makes
housekeeping amendments to reflect "person first" referencing.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2164
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ASSISTIVE TECHNOLOGY.


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

 1      SECTION 1.  The legislature finds that, despite passage of
 
 2 the Assistive Technology Warranty Act of 1997, there still exists
 
 3 a growing need for financial support for consumers who cannot
 
 4 afford to maintain, repair, refurbish, and replace assistive
 
 5 devices once the devices are no longer covered by the "lemon law"
 
 6 warranty provisions under the Act.  The legislature further finds
 
 7 that a dedicated funding source must be established to provide
 
 8 for the maintenance, repair, refurbishing, or replacement of
 
 9 assistance devices.
 
10      The legislature also finds that the "person first"
 
11 referencing is not generally incorporated into the Hawaii Revised
 
12 Statutes despite the fact that the "person first" approach to
 
13 making reference to persons with disabilities is appropriate and
 
14 has become the national standard for referring to persons with
 
15 disabilities.
 
16      The purpose of this Act is to:
 
17      (1)  Establish the assistive technology revolving fund; and 
 
18      (2)  Make housekeeping amendments to properly reflect
 
19           "person first" referencing.
 

 
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 1      SECTION 2.  Chapter 481K, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "481K-    Assistive technology revolving fund.  (a)  There
 
 5 is established the assistive technology revolving fund that shall
 
 6 be used to:
 
 7      (1)  Defray the general administrative costs of daily
 
 8           operations of Assistive Technology Resource Centers of
 
 9           Hawaii; and
 
10      (2)  Provide assistance to consumers who do not have
 
11           sufficient funds to maintain, repair, or replace an
 
12           assistive device no longer covered by the warranty or
 
13           other legal rights provided for in this chapter.
 
14      (b)  The director of labor and industrial relations, in
 
15 consultation with Assistive Technology Resource Centers of
 
16 Hawaii, shall administer the fund.
 
17      (c)  Notwithstanding any other law to the contrary, all
 
18 income, revenues, and receipts derived from the operation of the
 
19 fund and all other moneys appropriated, collected, acquired, or
 
20 made available for the use of that fund into the revolving fund
 
21 shall be used for the payment of its lawful operating
 
22 expenditures; provided that any moneys received from the state or
 

 
 
 
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 1 federal governments or private contributors shall be deposited
 
 2 and accounted for in accordance with conditions established by
 
 3 the agencies or persons from whom the moneys are received.
 
 4      (d)  The following may be deposited into the fund:
 
 5      (1)  Federal capitalization grant funds and other federal
 
 6           grants, loans, or appropriations;
 
 7      (2)  Appropriations by the legislature;
 
 8      (3)  Payments of principal and interest and other amounts
 
 9           made by counties and state agencies pursuant to loans
 
10           or other agreements entered into by the administrator
 
11           pursuant to this section; provided that if the loans
 
12           were financed by proceeds of revenue bonds of the
 
13           administrator, the deposit of the payments into the
 
14           fund shall be subject to the rights of the holders of
 
15           the bonds to receive the moneys;
 
16      (4)  Fees for loans and other items;
 
17      (5)  Proceeds of revenue bonds issued by the administrator
 
18           for the purpose of providing financial assistance to
 
19           counties and state agencies;
 
20      (6)  Moneys paid to the fund as a result of court-ordered
 
21           awards of judgments;
 
22      (7)  Moneys paid to the fund in court-approved or out-of-
 
23           court settlements;
 

 
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 1      (8)  All interest attributable to investment of moneys
 
 2           deposited in the fund; and
 
 3      (9)  All moneys allotted or directed to the fund from other
 
 4           sources.
 
 5      (e)  The comptroller and the legislative auditor may examine
 
 6 the use of fund moneys and shall report their findings to the
 
 7 legislature.  The director of labor and industrial relations
 
 8 shall submit an annual report to the legislature, twenty days
 
 9 prior to the convening of each regular session, that identifies
 
10 all fund balances, transfers, and expenditures made from the
 
11 funds and the purposes of the expenditures."
 
12      SECTION 3.  Section 291-51, Hawaii Revised Statutes, is
 
13 amended:
 
14      1.  By amending the definition of "disabled person" to read
 
15 as follows:
 
16      "["Disabled person"] "Person with a disability" means a
 
17 person with a disability [which] that limits or impairs the
 
18 ability to walk, and who, as determined by a licensed practicing
 
19 physician:
 
20      (1)  Cannot walk two hundred feet without stopping to rest,
 
21           due to a diagnosed arthritic, neurological, or
 
22           orthopedic condition;
 

 
 
 
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 1      (2)  Cannot walk without the use of, or assistance from, a
 
 2           brace, cane, crutch, another person, prosthetic device,
 
 3           wheelchair, or other assistive device;
 
 4      (3)  Is restricted by lung disease to such an extent that
 
 5           the person's forced (respiratory) expiratory volume for
 
 6           one second, when measured by spirometry, is less than
 
 7           one liter, or the arterial oxygen tension is less than
 
 8           sixty mm/hg on room air at rest;
 
 9      (4)  Uses portable oxygen; or
 
10      (5)  Has a cardiac condition to the extent that the person's
 
11           functional limitations are classified in severity as
 
12           Class III or Class IV according to the standards set by
 
13           the American Heart Association."
 
14      2.  By amending the definition of "parking space reserved
 
15 for disabled persons" to read as follows:
 
16      ""Parking space reserved for [disabled] persons with
 
17 disabilities" means a public or private parking space designated
 
18 for the use of a [disabled] person with a disability that [(1) is
 
19 designed] is:
 
20      (1)  Designed and constructed in compliance with the
 
21           requirements of the federal Americans with Disabilities
 
22           Act of [1990] 1998, as amended, and related rules and
 
23           guidelines; [(2) is marked]
 

 
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 1      (2)  Marked with a sign designating the parking space as
 
 2           reserved for disabled persons; or [(3) is otherwise]
 
 3      (3)  Otherwise clearly designated for the use of disabled
 
 4           persons."
 
 5      3.  By amending the definition of "sign designating the
 
 6 parking space as reserved for disabled persons" to read as
 
 7 follows:
 
 8      ""Sign designating the parking space as reserved for
 
 9 [disabled] persons with disabilities" means a sign [which] that
 
10 contains:
 
11      (1)  The words, "Reserved Parking";
 
12      (2)  The international symbol of access;
 
13      (3)  Words indicating that the space is reserved for parking
 
14           by [disabled] persons with disabilities who have valid
 
15           placards or special license plates; and
 
16      (4)  The maximum fine for parking illegally in the space."
 
17      SECTION 4.  Section 291-51.5, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "291-51.5  Special license plates.  Upon application by a
 
20 [disabled] person with a disability, each county shall issue
 
21 special license plates for the vehicle registered in the
 
22 applicant's name if the vehicle is primarily used to transport
 
23 that person.  The fee for the issuance of a special license plate
 

 
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 1 shall not exceed the fee charged for a similar license plate for
 
 2 the same class vehicle.     per cent of the fee charged shall be
 
 3 deposited into the assistive technology revolving fund."
 
 4      SECTION 5.  Section 291-51.6, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "291-51.6  Temporary removable parking placards.  The
 
 7 county shall require that the application for a temporary
 
 8 removable windshield placard be accompanied by a certificate of
 
 9 disability [which] that verifies that the applicant meets the
 
10 definition of a [disabled] person with a disability.  The
 
11 certification shall also include the period of time that the
 
12 physician determines the applicant will have the disability, not
 
13 to exceed six months.  The temporary removable windshield placard
 
14 shall be valid for a period of time for which the physician has
 
15 determined that the applicant will have the disability, not to
 
16 exceed six months from the date of issuance."
 
17      SECTION 6.  Section 291-51.7, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "291-51.7  Reciprocity.  The State, counties, and private
 
20 property owners shall recognize removable windshield placards,
 
21 temporary removable windshield placards, and special license
 
22 plates which have been issued by authorities of other states and
 
23 countries, for the purpose of identifying persons permitted to:
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  Utilize parking spaces reserved for [disabled] persons
 
 2           with disabilities; or
 
 3      (2)  Exercise other parking privileges afforded by the
 
 4           State, counties, or private property owners for the
 
 5           benefit of [disabled] persons with disabilities."
 
 6      SECTION 7.  Section 291-52, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "291-52  Issuance of removable windshield placard.  Each
 
 9 county may issue one distinguishing placard to each [disabled]
 
10 person with a disability who so requests and presents a
 
11 certificate of disability.  The removable windshield placard
 
12 shall be designed, fabricated, and sold at cost to the counties
 
13 by the department of transportation.  The county may charge a fee
 
14 to cover its costs."
 
15      SECTION 8.  Section 291-53, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "291-53  Nontransferability; penalty.  The removable
 
18 windshield placard, temporary removable windshield placard, or
 
19 special license plate shall not be used by anyone other than the
 
20 [disabled] person with a disability to whom it is issued unless
 
21 it is being used in connection with the transport of the
 
22 [disabled] person with a disability.  An unauthorized person
 
23 using the removable windshield placard, temporary removable
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 windshield placard, or special license plate to obtain the
 
 2 special parking privileges authorized under this part or
 
 3 otherwise afforded by the State or counties, shall be guilty of a
 
 4 traffic infraction under chapter 291D and fined not less than
 
 5 $150 nor more than $300.  A removable windshield placard,
 
 6 temporary removable windshield placard, or special license plate
 
 7 may be revoked for any unauthorized use."
 
 8      SECTION 9.  Section 291-54, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "291-54  Display of removable and temporary removable
 
11 windshield placards.  The placard shall be displayed in such a
 
12 manner that it may be viewed from the front and rear of the
 
13 vehicle by hanging it from the front windshield rearview mirror
 
14 of a vehicle utilizing a parking space reserved for [disabled]
 
15 persons with disabilities.  When there is no rearview mirror, the
 
16 placard shall be displayed on the dashboard."
 
17      SECTION 10.  Section 291-55, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "291-55  Parking privileges.  Any vehicle displaying the
 
20 special license plates, removable windshield placards, or
 
21 temporary removable windshield placards displaying the
 
22 international symbol of access issued under this part shall be
 
23 permitted to park, without payment of metered parking fees, in
 

 
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 1 any metered parking space designated for the use of [disabled]
 
 2 persons with disabilities in accordance with law.  Any vehicle
 
 3 displaying special license plates, removable windshield placards,
 
 4 or temporary removable windshield placards displaying the
 
 5 international symbol of access issued under this part shall be
 
 6 permitted to park, without payment of metered parking fees in any
 
 7 metered or unmetered parking space for a maximum of two-and-a-
 
 8 half hours or the maximum amount of time the meter allows,
 
 9 whichever is longer.  All parking fees not specifically exempted
 
10 under this part shall remain in effect."
 
11      SECTION 11.  Section 291-57, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]291-57[]]  Disabled parking; penalties.(a)  A person
 
14 using a parking space reserved for [disabled] persons with a
 
15 disability without properly displaying a removable windshield
 
16 placard, temporary removable windshield placard, or special
 
17 license plate, in accordance with this part or any rule adopted
 
18 thereunder, shall be guilty of a traffic infraction under chapter
 
19 291D and shall be fined not less than $150 nor more than $300.
 
20    per cent of the fine shall be deposited into the assistive
 
21 technology revolving fund.
 
22      (b)  Any [disabled] person with a disability who refuses or
 
23 fails to present an identification card issued under this chapter
 

 
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 1 or the rules adopted thereunder to an enforcement officer upon
 
 2 request shall be guilty of a traffic infraction under chapter
 
 3 291D and shall be fined not less than $150 nor more than $300.
 
 4     per cent of the fine shall be deposited into the assistive
 
 5 technology revolving fund." 
 
 6      SECTION 12.  Section 481K-2, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]481K-2[]]  Warranties; repair.(a)  No assistive
 
 9 device shall be sold, leased, or delivered in this State to a
 
10 consumer unless accompanied by a written warranty under which the
 
11 manufacturer warrants that the assistive device is fit for the
 
12 ordinary purposes for which the device is used, and undertakes to
 
13 pay the full cost of both parts and labor necessary to repair any
 
14 nonconformity.  This warranty shall require the manufacturer
 
15 directly or through its agents to repair or, at the election of
 
16 the manufacturer, reimburse the consumer for the reasonable costs
 
17 of repairing the nonconformity.  This warranty is supplementary
 
18 and not in lieu of any other express warranties or implied
 
19 warranties applicable to the assistive device.
 
20      (b)  The duration of the warranty provided in this section
 
21 shall not be less than one year after first possession of the
 
22 assistive device by the consumer.  The terms of this warranty
 
23 shall be tolled for and extended by any period of time during
 
24 which:
 

 
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 1      (1)  The assistive device is out of service by reason of
 
 2           repair under any other warranty;
 
 3      (2)  The assistive device is in the possession of the
 
 4           manufacturer or its authorized agent, representative,
 
 5           assistive device dealer, or assistive device lessor for
 
 6           the purpose of repairing the assistive device under the
 
 7           terms of this warranty;
 
 8      (3)  Repair services are not available to the consumer
 
 9           because of war, invasion, strike, fire, flood, or other
 
10           natural disaster; or
 
11      (4)  The consumer has notified the manufacturer or its
 
12           authorized agent or representative that the assistive
 
13           device is inoperable, but cannot reasonably present the
 
14           assistive device to the manufacturer or its authorized
 
15           agent or representative and the manufacturer has
 
16           refused to pay the charges to transport the assistive
 
17           device to the manufacturer, its authorized agent,
 
18           representative, or repair agency.
 
19      (c)  The applicable warranty period shall end thirty days
 
20 from the date of completion of any repair required by this
 
21 chapter as to the defect repaired if the warranty would otherwise
 
22 have expired during that period.
 

 
 
 
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 1      (d)  If a manufacturer fails to give the written warranty as
 
 2 required by this section, the manufacturer nevertheless shall be
 
 3 deemed to have given the warranty as a matter of law. 
 
 4      (e)  If a new assistive device does not conform to all
 
 5 applicable warranties and the consumer reports the nonconformity
 
 6 to the manufacturer, the assistive device lessor, or any of the
 
 7 manufacturer's agents, distributors, or authorized assistive
 
 8 device dealers, and makes the assistive device available for
 
 9 repair before the end of the warranty period, then the
 
10 manufacturer, or, at its option and expense, its agent,
 
11 representative, distributor, authorized assistive device dealer,
 
12 or authorized assistive device lessor shall make any repairs that
 
13 are necessary to conform the assistive device to the warranties,
 
14 notwithstanding the fact that the repairs are made after the
 
15 expiration of the warranty.
 
16      (f)  A consumer shall make an assistive device available for
 
17 repair by presenting it to the manufacturer, its agent,
 
18 representative, authorized assistive device dealer, or authorized
 
19 assistive device lessor prior to the expiration of the warranty
 
20 period and providing the manufacturer, its agent, representative,
 
21 authorized assistive device dealer, or authorized assistive
 
22 device lessor written notice of the nonconformity.  The
 
23 manufacturer or authorized person shall immediately accept return
 

 
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 1 of the assistive device when it is so presented.  The assistive
 
 2 device shall be deemed out of service commencing the day it is
 
 3 presented, notwithstanding any failure to accept its return on
 
 4 that day.
 
 5      During the applicable warranty period and the return period,
 
 6 the manufacturer shall pay the reasonable costs of transporting
 
 7 or shipping the assistive device to the manufacturer, agent,
 
 8 representative, authorized assistive device dealer, authorized
 
 9 assistive device lessor, or repair agency located nearest to the
 
10 consumer.
 
11      (g)  The written warranty to be provided pursuant to this
 
12 chapter shall be a full warranty as the term is described in the
 
13 Magnuson-Moss Warranty Act, 15 U.S.C. 2301, and shall be
 
14 designated as such on the face of the warranty.  Nothing in this
 
15 subsection should be construed to limit the manufacturer's
 
16 obligation to comply with all requirements set forth in this
 
17 chapter.
 
18      (h)  Once the warranty has expired or lapsed, if no other
 
19 funding options are available for the consumer to maintain,
 
20 repair, or replace an assistive device previously covered by the
 
21 warranty required by this chapter and the consumer is financially
 
22 unable to pay for the maintenance, repair, or replacement of the
 
23 device, the expenses may be covered by the assistive technology
 
24 revolving fund."
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 13.  (a)  The assistive technology revolving fund
 
 2 established pursuant to section 481K-  , Hawaii Revised Statutes,
 
 3 shall supplement federal funding to maintain the Assistive
 
 4 Technology Resource Centers of Hawaii at least at the same level
 
 5 it was prior to the beginning federal funding cuts.  The fund
 
 6 shall be maintained through the designation of a percentage of
 
 7 disability-specific revenues created by but not limited to
 
 8 section 291-57, Hawaii Revised Statutes, that establishes parking
 
 9 fines related to spaces reserved for persons with disabilities,
 
10 and section 291-51.5, Hawaii Revised Statutes, that establishes
 
11 special license plates for persons with disabilities.
 
12      (b)  For federal fiscal years 2001-2002 and 2002-2003, the
 
13 fund shall expend sums as necessary to maintain the levels of
 
14 service of Assistive Technology Resource Centers of Hawaii at
 
15 least at the same level as prior to the beginning of federal
 
16 funding cuts.
 
17      (c)  Beyond fiscal year 2002-2003, the legislature may
 
18 appropriate or designate additional sums as needed to maintain
 
19 the fund.
 
20      SECTION 14.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $      or so much
 
22 thereof as may be necessary for fiscal year 2000-2001 to
 

 
 
 
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 1 establish the assistive technology revolving fund; provided that
 
 2 the moneys shall be expended in consultation with the Assistive
 
 3 Technology Centers of Hawaii.
 
 4      The sum appropriated shall be expended by the department of
 
 5 labor and industrial relations for the purposes of this Act.
 
 6      SECTION 15.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 16.  This Act shall take effect upon its approval;
 
 9 provided that section 14 shall take effect on July 1, 2000.
 
10 
 
11                           INTRODUCED BY:  _______________________