THE SENATE                           S.C.R. NO.    64
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

REQUESTING A HAWAII STATE LAW ON EMPLOYMENT OF SEVERELY
   HANDICAPPED PERSONS.



 1        WHEREAS, Sections 76-16 and 78-2, Hawaii Revised Statutes
 2   (HRS), were amended in 1980 to provide public employment
 3   opportunities for severely handicapped persons who are unable
 4   to compete with other non-disabled candidates; and
 5   
 6        WHEREAS, section 76-16(23), HRS, provides a civil service
 7   exemption for severely handicapped persons who are certified by
 8   the State's vocational rehabilitation office (VRO) as able to
 9   safely perform the duties of the position available; and
10   
11        WHEREAS, section 78-2, HRS, promotes equal employment
12   opportunities for severely handicapped individuals by requiring
13   all state departments or agencies to develop and implement
14   programs for the selective employment of severely handicapped
15   individuals; and
16   
17        WHEREAS, the Department of Education has implemented such
18   a program which allows severely handicapped individuals to be
19   considered permanent, exempt employees as long as they:
20   
21        (1)  Are certified by a VRO; and
22   
23        (2)  Perform satisfactorily on the job;
24   
25   and
26   
27        WHEREAS, such programs, while noteworthy, do not allow
28   severely handicapped individuals to transfer their VRO
29   certification to other places of public employment; and
30   
31        WHEREAS, these individuals are locked into specific
32   employment positions because of the non-transferable nature of
33   programs under section 78-2, HRS; and
34   
35        WHEREAS, such instances should be examined and corrected
36   in the interests of equity for severely handicapped individuals

 
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 1   seeking public employment and sound management policy; and
 2   
 3        WHEREAS, on July 26, 1990, the Federal government passed
 4   the Americans with Disabilities Act (ADA) which established in
 5   part, specific rules, regulations, and guidelines for hiring or
 6   employing disabled individuals; and
 7   
 8        WHEREAS, since the ADA was enacted ten years after passage
 9   of the state provisions there may be inconsistencies and
10   inaccuracies, such as the non-transferable certification in
11   section 78-2, HRS; now, therefore,
12   
13        BE IT RESOLVED by the Senate of the Twentieth Legislature
14   of the State of Hawaii, Regular Session of 1999, the House of
15   Representatives concurring, that the Commission on Persons with
16   Disabilities, the Department of Human Services' Vocational
17   Rehabilitation and Services for the Blind Division, and the
18   Department of Human Resources Development, are requested to
19   jointly meet and conduct a comprehensive review of Hawaii state
20   law on the employment of severely handicapped persons; and
21   
22        BE IT FURTHER RESOLVED that in the study, the participants
23   are requested to review:
24   
25        (1)  Whether Hawaii law is still relevant, in view of the
26             subsequent passage of the ADA; and
27   
28        (2)  Whether the State should mirror Federal employment
29             regulations which allow disabled employees to receive
30             civil service status after completing a six-month
31             probation period;
32   
33   and draft any relevant legislation for the Regular Session of
34   2000; and
35   
36        BE IT FURTHER RESOLVED that the participants submit their
37   findings, recommendations, and any proposed legislation to the
38   Legislature no later than twenty days before the convening of
39   the Regular Session of 2000; and
40   
41        BE IT FURTHER RESOLVED that certified copies of this
42   Concurrent Resolution be transmitted to the Executive Director

 
 
 
 
 
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                                  S.C.R. NO.            64
                                                        
                                                        


 1   of the Commission on Persons with Disabilities, the Director of
 2   Human Services, the Director of Human Services, the
 3   Administrator of the Vocational Rehabilitation and Services for
 4   the Blind Division of the Department of Human Services, and the
 5   Director of Human Resources Development.
 6 
 7 
 8 
 9                         OFFERED BY:  ____________________________