STAND. COM. REP. NO.  326

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1103

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Human Services, to which was referred H.B. No. 1103 entitled:

"A BILL FOR AN ACT RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR INDEPENDENT LIVING SERVICES AND CENTERS,"

begs leave to report as follows:

     The purpose of this bill is to abolish the Statewide Council on Independent Living to comply with federal law.

     Specifically, this bill abolishes the Statewide Council on Independent Living which is within the Department of Human Services ‑‑ a condition that is prohibited by federal law and prevents the receipt of federal financial assistance.

     Your Committee received testimony in support of this bill from the Department of Human Services, the State Council on Developmental Disabilities, the Executive Director, the Chairperson of the Board, and a member of the Statewide Independent Living Council, Hui Kupuna VIP, and one individual.

     Your Committee finds that the Statewide Council on Independent Living was created by Act 197, Session Laws of Hawaii 1993, and placed within the Department of Human Services.  Federal law, however, requires that the Council cannot be placed within a state agency and still receive federal funds.  In response to the problem, the Legislature enacted Act 84, Session Laws of Hawaii 1995, which removed the Council from the Department of Human Services, but only until June 30, 1998.  Thus, under existing law, the Council remains placed within a state agency resulting in confusion.

     Your Committee finds that by abolishing the Statewide Council on Independent Living to remove the Council from within the Department of Human Services, this bill, will allow the State to comply with federal law and facilitate the receipt of federal financial assistance.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1103 and recommends that it pass Second Reading and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Human Services,

____________________________

JOHN M. MIZUNO, Chair