64
THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                    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
37   seeking public employment and sound management policy; and

 
Page 2                                                     64
                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


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

 
 
 
 
 
Page 3                                                     64
                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


 1   the Regular Session of 2000; and
 2   
 3        BE IT FURTHER RESOLVED that certified copies of this
 4   Concurrent Resolution be transmitted to the Executive Director
 5   of the Commission on Persons with Disabilities, the Director of
 6   Human Services, the Administrator of the Vocational
 7   Rehabilitation and Services for the Blind Division of the
 8   Department of Human Services, and the Director of Human
 9   Resources Development.