reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-4 Vocational rehabilitation of blind.

§347-4 Vocational rehabilitation of blind.
The department of human services shall provide vocational rehabilitation for blind and visually handicapped persons in accordance with the provisions of the federal Vocational Rehabilitation Act and the Randolph-Sheppard Act and in accordance with chapter 348, to the extent permitted by the amount appropriated, funds available from the federal government, and other donations, and grants. [L 1945, c 125, §1; add L 1947, c 108, §2; RL 1955, §109-2; am L 1959, c 246, §1; am L Sp 1959 2d, c 1, §20; HRS §347-4; am L 1970, c 105, §5; am L 1979, c 189, §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-5 Obtaining federal benefits.

§347-5 Obtaining federal benefits.
The department of human services may, as the agency of the State for the assistance of blind or visually handicapped persons, do all things which will enable the State and the blind and the visually handicapped in the State to have the benefits of all federal laws for the benefit of blind and visually handicapped persons. [L 1947, c 108, §4; RL 1955, §109-4; am L Sp 1959 2d, c 1, §20; HRS §347-5; am L 1970, c 105, §5; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-6 Registration of blind.

§347-6 Registration of blind.
The department of human services shall cause to be maintained a complete register of the blind in the State which shall describe the condition, causes of blindness, capacity for education and industrial training, and such other facts as may seem to it to be of value regarding each blind person, together with recommendations for rehabilitation and relief.
It shall register cases of persons whose eyesight is seriously defective or who are likely to become visually handicapped or blind, and take such measures in cooperation with other authorities, as it deems advisable for the prevention of blindness or conservation of eyesight, and in appropriate cases provide for or secure the vocational guidance of persons having seriously defective sight. [L 1941, c 296, pt of §1; RL 1945, §4857, ren §4872; am L 1945, c 113, §5; RL 1955, §109-6; am L Sp 1959 2d, c 1, §20; HRS §347-6; am L 1970, c 105, §5; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-7 Agencies for information and industrial aid.

§347-7 Agencies for information and industrial aid.
The department of human services shall maintain or cause to be maintained one or more agencies for employment information and industrial aid, the object of which shall be to aid the blind and visually handicapped persons in finding employment and shall provide instruction for such persons in trades and occupations which may be followed in their homes, and shall assist such persons in whatever manner it deems advisable in disposing of the products of their home industry. [L 1941, c 296, pt of §1; RL 1945, §4859, ren §4874; am L 1945, c 113, §5; RL 1955, §109-8; am L 1959, c 246, §5; am L Sp 1959 2d, c 1, §20; HRS §347-7; am L 1970, c 105, §5; am L 1987, c 339, §4]
Cross References
Exemption from bid requirements for public concessions, see §102-2.
Vending stands in public buildings, see §102-14.
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-8 Workshops.

§347-8 Workshops.
The department of human services may also, whenever it deems proper, aid blind and visually handicapped persons and others, who, in the opinion of the department, will be benefited by the experience, to become self-supporting by employing them in workshops or in their own homes at such compensation as the department may determine their services shall warrant and by furnishing them with materials, machinery, necessary supervision, and other help and facilities. No person so employed shall be deemed an employee of the State or of the department within the meaning of this or any other chapter, or any act; provided that persons employed in such workshops shall come under and be entitled to all the benefits of chapter 386 relating to workers' compensation, the cost of which shall be borne by the state insurance fund; provided further that nothing in this section shall be construed to prevent the persons so employed from being considered employees of the State or of the department for purposes of part VI, chapter 88, if they would be considered employees under Title II of the federal Social Security Act, as amended. [L 1941, c 296, pt of §1; RL 1945, §4860, ren §4875; am L 1945, c 113, §5; am L 1951, c 259, §1; RL 1955, §109-9; am L 1957, c 91, §1; am L 1959, c 246, §6; am L Sp 1959 2d, c 1, §20; HRS §347-8; am L 1970, c 105, §5; am L 1975, c 41, §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-9 Visiting blind and visually handicapped persons; home teaching.

§347-9 Visiting blind and visually handicapped persons; home teaching.
The department of human services may take whatever measures it deems necessary to ameliorate the condition of blind and visually handicapped persons by promoting visits among them, providing instruction in their homes, and circulating reading matter among them for their education and recreation. [L 1941, c 296, pt of §1; RL 1945, §4861, ren §4876; am L 1945, c 113, §5; RL 1955, §109-10; am L 1959, c 246, §7; am L Sp 1959 2d, c 1, §20; HRS §347-9; am L 1970, c 105, §5; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-10 Donations and examinations for sight conservation.

§347-10 Donations and examinations for sight conservation.
(a) Donations. The department of human services in its sight conservation program may accept and expend or distribute donations, eye glasses, and other services for sight conservation and for assistance to blind and visually handicapped persons; provided that any donations of money so received shall be deposited in the state treasury and disbursed therefrom for such purposes pursuant to this chapter.
(b) Cause and prevention of blindness, examinations. The department of human services, in consultation and cooperation with the department of health, shall make investigation of the causes of blindness, learn what proportion of the cases are preventible, and inaugurate and cooperate in any such preventive measures as may seem advisable for the State. They, or either of them, may arrange for the examination of the eyes of the individual blind or visually handicapped persons and may provide or secure medical and surgical treatment of such persons whenever, in its judgment, the sight of the persons may be benefited thereby. [L 1941, c 296, pt of §1; RL 1945, §4862, ren §4877; am L 1945, c 113, §5; RL 1955, §109-11; am L 1959, c 129, §1 and c 246, §8; am L 1965, c 246, §4; HRS §347-10; am L 1970, c 105, §5; am L 1987, c 339, §4]
Cross References
Health department program, see §321-101.
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-11 Protection of records; divulging confidential information prohibited; penalties; payments to blind inalienable.

§347-11 Protection of records; divulging confidential information prohibited; penalties; payments to blind inalienable.
Sections 346-10 and 346-11, relating to protection of records, divulging confidential information, and penalties, and section 346-33 concerning inalienability of payments to the blind, are made applicable in the same manner as if such sections were reenacted in this chapter. [L 1945, c 113, pt of §6; RL 1955, §109-12; HRS §347-11]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-12 Blind shop and handicraft program.

§347-12 Blind shop and handicraft program.
The department of human services may provide a workshop or home labor program for the blind or others, who, in the opinion of the department of human services, will benefit from the experience. Under the program, the department may train blind or other persons to produce crafts and other products for sale.
This section shall be subject to any federal policies, rules, or regulations that may be applicable in order to obtain federal aid or the cooperation of any federal agency concerned. [L 1959, c 246, §15; am L Sp 1959 2d, c 1, § §14, 20; am L 1963, c 114, §1; Supp, §109-13; HRS §347-12; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 2015, c 147, §10]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-12.5 Randolph-Sheppard revolving account.

§347-12.5 Randolph-Sheppard revolving account.
(a) There is established within the state treasury the Randolph-Sheppard revolving account. The revolving account shall be used by the department of human services for:
(1) The provision of the following benefits for blind vendors:
(A) A retirement or pension plan;
(B) Health insurance; and
(C) Sick and vacation leave;
(2) The maintenance and replacement of equipment used in the blind vending program;
(3) The purchase of new equipment to be used in the blind vending program; and
(4) The provision of management services, which shall include, but not be limited to:
(A) The hiring of consultants;
(B) The sponsoring of training seminars;
(C) Transportation;
(D) Per diem for vendors to attend meetings of the state committee of blind vendors;
(E) Services for the state committee of blind vendors; and
(F) Other costs related to the blind vending program.
(b) Income from vending machines on federal, state, and county properties that are within reasonable proximity to, and in direct competition with, a blind vendor may be deposited into the account and then disbursed to the blind vendor.
(c) The revolving account shall consist of funds derived from:
(1) Vending machine income generated by federal, state, and county operations;
(2) Any other legally accepted source of income; and
(3) Donations. [L 1991, c 70, §1]
Case Notes
As the federal adjudication path applied to disputes arising from the Hawaii Randolph-Sheppard Act, trial court lacked subject matter jurisdiction to decide the merits of the case. 112 H. 388, 146 P.3d 103 (2006).
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-13 Persons who are blind, visually handicapped, disabled; public places; public conveyances.

§347-13 Persons who are blind, visually handicapped, disabled; public places; public conveyances.
(a) Persons who are blind, visually handicapped, or otherwise disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable to all persons.
(b) Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service animal, especially trained for the purpose of assisting the person in any of the places listed in subsection (a) without being required to pay an extra charge for the service animal; provided that the person shall be liable for any damage done to the premises or facilities by the service animal. No service animal shall be considered dangerous merely because it is unmuzzled.
(c) Every disabled person shall have the right to use a life jacket or other flotation device in a public swimming pool; provided that:
(1) The person suffers from a physical disability or condition that requires the use of a life jacket or other flotation device; and
(2) The person obtains a statement signed by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the person's need to use a life jacket or other flotation device.
(d) The director of human services shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 1945, c 265, §1; RL 1955, §109-20; HRS §347-13; am L 1972, c 75, §2; gen ch 1985; am L 1987, c 339, §4 and c 363, §1; am L 1988, c 206, §2; am L 1991, c 178, §1; am L 2009, c 151, §17; am L 2011, c 175, §6; am L 2014, c 45, §9; am L 2018, c 217, §5]
Law Journals and Reviews
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018).
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-13.5 Suits by individuals; jurisdiction; venue.

§347-13.5 Suits by individuals; jurisdiction; venue.
Any person injured by a violation of section 347-13 may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation. Any person bringing such an action shall also be entitled to recover the person's costs together with reasonable attorneys' fees. An action under this section shall be brought in the circuit court of the district in which the violation is alleged to have occurred. [L 1988, c 206, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-14 Penalty.

§347-14 Penalty.
Any person, business, or agency who violates section 347-13 and any common or public carrier which, and any officer or employee of any common carrier who violates, or causes such carrier to violate, section 347-13 shall be fined not more than $1,000. [L 1945, c 265, §2; RL 1955, §109-21; HRS §347-14; am L 1987, c 363, §2; am L 1988, c 206, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-15 Fares for blind person and guide.

§347-15 Fares for blind person and guide.
It shall be lawful under the law of the State for any carrier, whether public or private, whether a public utility or not a public utility, to carry on any conveyance operated by the carrier any blind person and the blind person's guide and not to charge them passenger fares. This section shall not be construed to affect the contractual rights of any person or to place any obligation or restriction on any carrier. [L 1947, c 109, §1; RL 1955, §109-22; am L 1967, c 153, §1; HRS §347-15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-16 Canes, use in public places.

§347-16 Canes, use in public places.
No person, unless blind or visually handicapped and authorized by the department of human services so to do, shall carry or use on any street or highway, or in any other public place, an exposed cane or walking stick which is painted white in color or painted white tipped with red. [L 1947, c 35, §1; RL 1955, §109-23; am L 1959, c 246, §9; am L Sp 1959 2d, c 1, §20; HRS §347-16; am L 1970, c 105, §5; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-17 Driver of vehicle, caution.

§347-17 Driver of vehicle, caution.
Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped, and is carrying or using an exposed cane or walking stick which is painted white in color or painted white tipped with red, or a person who is blind or visually handicapped and using a guide dog, take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury to the blind or visually handicapped person. [L 1947, c 35, §2; am L 1955, c 92, §1; RL 1955, §109-24; am L 1959, c 246, §10; am L 1963, c 193, §36; HRS §347-17]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-18 Penalty.

§347-18 Penalty.
Any person who violates section 347-16 or 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both. [L 1947, c 35, §3; RL 1955, §109-25; HRS §347-18]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-19 Rights of blind; partially blind.

§347-19 Rights of blind; partially blind.
A blind or visually handicapped person not carrying a cane or using a service animal in any of the places, accommodations or conveyances listed in section 347-13, shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or visually handicapped person to carry a cane or to use a service animal in any such places, accommodations, or conveyances shall not constitute nor be evidence of negligence. [L 1972, c 75, §3; am L 2011, c 175, §7; am L 2018, c 217, §6]
2023 Hawaii Revised Statutes › Title 20. Social Services › 347. Blind, Visually Handicapped, and Other Disabled Persons › 347-20 Legislative findings.

§347-20 Legislative findings.
The legislature finds that it is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment. The legislature also finds that the blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places. The legislature declares that it is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the state service, in the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved. [L 1972, c 75, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348. Vocational Rehabilitation › 348-1 State vocational rehabilitation; policy and scope.

§348-1 State vocational rehabilitation; policy and scope.
(a) Vocational rehabilitation services shall be provided to handicapped individuals throughout the State in accordance with this chapter and within the limits of available federal, state, and private funds. The vocational rehabilitation plan, formulated in conformance with the Federal Vocational Rehabilitation Act, as amended, and adopted pursuant to this chapter, shall be in effect in all political subdivisions of the State.
(b) The acceptance of federal funds, donations, grants-in-aid, and outright grants, for use in carrying out the purposes of this chapter, is authorized, provided restrictions imposed by the donor are not inconsistent with this chapter. [L 1955, c 231, pt of §2; RL 1955, §42-30; HRS §348-1; am L 1969, c 53, §1; am L 1979, c 188, §1(1)]
Cross References
Administration of vocational rehabilitation, see §26-14.
Regulation of occupational therapy practice, see chapter 457G.
2023 Hawaii Revised Statutes › Title 20. Social Services › 348. Vocational Rehabilitation › 348-3 Functions of the department.

§348-3 Functions of the department.
(a) Except as may be otherwise provided with respect to the blind, the department of human services shall be the state agency to supervise and administer the vocational rehabilitation services authorized by this chapter under the state plan formulated in conformance with the Federal Vocational Rehabilitation Act, as amended, except for that part as may be administered by a local agency of a political subdivision in the State, and the department of human services shall be the agency to supervise the local agency in the administration of that part.
(b) The director of human services shall prepare, conformable to this chapter, the regulations and the state plan of vocational rehabilitation, and from time to time prepare such changes as shall appear to be necessary or desirable.
(c) Within such limits and under such conditions as may be specified in appropriations therefor, the department may establish public and other nonprofit rehabilitation facilities and workshops.
(d) The department shall use available state appropriations and donations for initiating projects for research, demonstrations, training, and traineeships, and for planning for and initiating expansion of vocational rehabilitation services under the state plan whenever federal funds are available for such purposes. [L 1955, c 231, pt of §2; RL 1955, §42-32; am L Sp 1959 2d, c 1, §18; HRS §348-3; am L 1969, c 53, §2; am L 1970, c 105, §5; am L 1979, c 188, §1(3); am L 1987, c 339, §4]
Cross References
Administration of vocational rehabilitation, see §26-14.
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 20. Social Services › 348. Vocational Rehabilitation › 348-5 Federal employees.

§348-5 Federal employees.
Rehabilitation services provided under the state plan shall be available to any civil employee of the United States disabled while in the performance of the employee's duty, on the same terms and conditions as apply to other persons. [L 1955, c 231, pt of §2; RL 1955, §42-34; HRS §348-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348. Vocational Rehabilitation › 348-6 Administrative personnel and administration.

§348-6 Administrative personnel and administration.
(a) The department of human services may adopt and promulgate regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services, and the establishment and maintenance of personnel standards, including provisions relating to the tenure, appointment, and qualification of personnel, which shall govern with respect to such matters notwithstanding any other law.
(b) The department shall adopt and promulgate regulations respecting[:]
(1) The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services; and
(2) The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided all eligible handicapped people.
(c) The department may also promulgate regulations with regard to the use of professional personnel of the department in cooperation with the federal government for the purpose of surveying needs and implementing rehabilitation services in any of the federal government's political subdivisions or trust territories, when such actions or services involve no cost to the State. [L 1955, c 231, pt of §2; RL 1955, §42-35; am L Sp 1959 2d, c 1, §18; HRS §348-6; am L 1970, c 105, §5; am L 1979, c 188, §1(5); am L 1987, c 339, §4]
Revision Note
In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2), and in paragraph (1), ending punctuation changed pursuant to §23G-15.
Cross References
Administration of vocational rehabilitation, see §26-14.
Personnel, see chapter 76.
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 20. Social Services › 348. Vocational Rehabilitation › 348-7 Cooperative arrangements, etc.

§348-7 Cooperative arrangements, etc.
Pursuant to the general policies of the department of human services, the department is authorized:
(1) To cooperate with and utilize the services of the state agency administering the public assistance program, the Social Security Administration, and other federal, state, city and county, and local public agencies providing services relating to vocational rehabilitation, and with the state system of public employment offices in the State, and shall make maximum feasible utilization of the job placement and employment counseling services and other services and facilities of the offices;
(2) To cooperate with political subdivisions and other public and nonprofit organizations and agencies, in their establishment of workshops and rehabilitation facilities and, to the extent feasible in providing vocational rehabilitation services, shall utilize all the facilities meeting the standards established by the department;
(3) To enter into contractual arrangements with the Social Security Administration, with respect to certifications of disability and performance of other services, and with other authorized public agencies for performance of services related to vocational rehabilitation, for the agencies; and
(4) To contract with schools, hospitals, and other agencies, and with doctors, nurses, technicians, and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services. [L 1955, c 231, pt of §2; RL 1955, §42-36; am L Sp 1959 2d, c 1, §18; HRS §348-7; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 2015, c 35, §10]
Cross References
Administration of vocational rehabilitation, see §26-14.
2023 Hawaii Revised Statutes › Title 20. Social Services › 348F. Disability and Communication Access Board › 348F-1 Definitions.

§348F-1 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Board" means the disability and communication access board.
"Members" means the members of the disability and communication access board. [L 1999, c 282, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348F. Disability and Communication Access Board › 348F-2 Disability and communication access board.

§348F-2 Disability and communication access board.
There is established a disability and communication access board within the department of health for administrative purposes, to be composed of seventeen members to be appointed by the governor for staggered terms pursuant to section 26-34. The members of the board shall include at least nine persons with various types of disabilities, or parents or guardians of persons with disabilities. Other members shall include individuals knowledgeable in areas for which the board has rulemaking authority. The members appointed shall include at least one resident from each of the counties of Honolulu, Hawaii, Maui, and Kauai.
The members shall serve without compensation, but shall be reimbursed their necessary and reasonable expenses incurred in the performance of their duties, including travel expenses. [L 1999, c 282, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348F. Disability and Communication Access Board › 348F-3 Duties and functions of the board.

§348F-3 Duties and functions of the board.
The board shall perform the following duties and functions:
(1) Establish guidelines for the design of buildings and facilities by or on behalf of the State and counties in accordance with section 103-50;
(2) Provide review and recommendations on all state and county plans for buildings and facilities, in accordance with section 103-50;
(3) Establish guidelines for the utilization of communication access services provided for persons who are deaf, hard-of-hearing, or deaf-blind in state programs and activities. Guidelines include, but are not limited to, determining the qualifications of interpreters who may provide services, the amount of payment to interpreters, and the credentialing of interpreters who do not hold national certification via a state screening process;
(4) Administer the statewide program for parking for disabled persons, in accordance with part III of chapter 291;
(5) Serve as public advocate of persons with disabilities by providing advice and recommendations on matters relating to access for persons with disabilities, with emphasis on legislative matters, administrative rules, policies, and procedures of the state and county governments;
(6) Review and assess the problems and needs relating to access for persons with disabilities in the State in order to provide recommendations in the improvement of laws and services;
(7) Serve as the designated state agency to coordinate the efforts of the State to comply with the requirements of the Americans with Disabilities Act for access to services, employment, telecommunications, and facility and site design;
(8) Provide technical assistance and guidance to, but not limited to, state and county entities in order to meet the requirements of state, federal, and county laws providing for access for persons with disabilities through public education programs and other voluntary compliance efforts; and
(9) Administer funds allocated for its work, including disbursement and allocation of funds that may be available from public and private sources; provided that such disbursement and allocation shall be consistent with the specific requirements and purposes of this chapter. [L 1999, c 282, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348F. Disability and Communication Access Board › 348F-5 Staff.

§348F-5 Staff.
The board may hire an executive director, who may hire staff to assist in the performance of the board's duties. The staff shall be hired without regard to chapter 76; provided that the executive director and staff shall be eligible for participation in state employee benefit plans. [L 1999, c 282, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348F. Disability and Communication Access Board › 348F-7 Disability and communication access board special fund.

§348F-7 Disability and communication access board special fund.
(a) There is established the disability and communication access board special fund to be administered by the disability and communication access board. All moneys received by the disability and communication access board shall be deposited into the special fund. All interest earned or accrued on moneys deposited into this special fund shall become part of the special fund.
(b) Moneys in the disability and communication access board special fund shall be expended to defray costs of administering this chapter.
(c) All moneys collected as application fees or fees for continuing education units for credentialing of interpreters shall be deposited into the disability and communication access board special fund. [L 2001, c 192, pt of §2; am L 2012, c 272, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 348F. Disability and Communication Access Board › 348F-7.5 Accessible parking special account.

§348F-7.5 Accessible parking special account.
(a) There is established within the disability and communication access board special fund the accessible parking special account to be administered by the disability and communication access board, into which shall be deposited $1 from each annual motor vehicle registration fee pursuant to section 249-31(b). All interest earned or accrued on the moneys shall become part of the special account.
(b) Moneys in the accessible parking special account shall be expended to cover the costs to administer the statewide parking program for persons with disabilities under part III of chapter 291. [L 2022, c 161, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-2 Executive office on aging; appointments.

§349-2 Executive office on aging; appointments.
(a) There is established within the department of health, for administrative purposes only, an executive office on aging.
(b) The head of this office shall be known as the director of the executive office on aging, hereinafter referred to as director. The director shall have professional training in the field of social work, education, public health, and other related fields; extensive direct experience in programs or services related to elders; and recent experience in a supervisory, consultative, or administrative position. The director shall be nominated and appointed by the governor without regard to chapters 76 and 89. Effective July 1, 2005, the director shall be paid a salary set by the appointing authority that shall not exceed sixty-nine per cent of the salary of the director of human resources development. The director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1976, c 217, pt of §2; am L 1982, c 129, §12; am L 1986, c 128, §11; am L 1989, c 329, §9; am L 1990, c 67, §8; am L 2002, c 148, §39; am L 2003, c 204, §1; am L 2005, c 226, §9]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-3 General functions, duties, and powers of the director.

§349-3 General functions, duties, and powers of the director.
The director shall have the following principal functions, duties, and powers:
(1) Serve as the principal official in state government solely responsible for the performance, development, and control of programs, policies, and activities on behalf of elders;
(2) Oversee, supervise, and direct the performance by the director's subordinates of activities in such areas as planning, evaluation, and coordination of elder programs and development of a statewide service delivery network;
(3) Assess the policies and practices of other agencies impacting on elders and conduct advocacy efforts for elders;
(4) Advise the governor on new legislation, programs, and policy initiatives and conduct such liaison as would be required to implement them;
(5) Serve as a member of advisory boards and regulatory panels of state agencies in such areas as income maintenance, public employment, retirement systems, certification of health care facilities and programs, social service and medical assistance, and housing and employment, among others;
(6) Administer funds allocated for the executive office on aging; and apply for, receive, and disburse grants and donations from all sources for elder programs and services;
(7) Establish a clearinghouse for complaints of persons regarding services to elders, or operations of state and county agencies affecting elders, investigate the complaints, and refer the complaints and the director's findings to the appropriate agency for corrective action;
(8) Adopt, amend, and repeal rules pursuant to chapter 91 for the purposes of this chapter;
(9) Employ and retain such staff as may be necessary for the purposes of this chapter, in conformity with chapter 76; and
(10) Contract for or grant such services as may be necessary for the purposes of this chapter, including master contract with other state agencies receiving federal and state funds for programs and services for the aging, and purchase of service agreements with appropriate agencies. [L 1976, c 217, pt of §2; gen ch 1985; am L 1990, c 67, §8; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-3.2 Alzheimer's disease and related dementia services coordinator.

§349-3.2 Alzheimer's disease and related dementia services coordinator.
There is established within the executive office on aging an Alzheimer's disease and related dementia services coordinator to coordinate the provision of public and private Alzheimer's disease and related dementia services. The coordinator shall be appointed by the director. [L 2013, c 214, §1; am L 2019, c 127, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-4 Policy advisory board for elder affairs; lifetime honorary kupuna.

§349-4 Policy advisory board for elder affairs; lifetime honorary kupuna.
(a) There shall be a policy advisory board for elder affairs, appointed by the governor under section 26-34. The board shall advise the director in but not limited to the following areas:
(1) The identification of issues and alternative approaches to solutions;
(2) The development of position statements and papers;
(3) Advocacy and legislative actions; and
(4) Program development and operations.
The board shall consist of not less than fifteen nor more than twenty-one members, a majority of whom are over sixty years of age and who shall be selected on the basis of their interests and knowledge in and their ability to make contributions to the solution of problems relating to aging, and shall include at least one member from the county of Hawaii, one member from the county of Maui, one member from the county of Kauai, and one member from the city and county of Honolulu. There may be up to ten members who shall serve as ex officio[,] nonvoting members and may consist of the heads of the following agencies that provide services or programs affecting elders: health, human services, education, labor and industrial relations, commerce and consumer affairs, University of Hawaii, transportation, the state retirement system, and, by invitation, the Hawaii representatives of the United States Department of Health and Human Services and the Social Security Administration. Ex officio members may delegate their board responsibilities to another member of their agency. Of the non ex officio members, one-third of the members shall be appointed for the term of four years, one-third for the term of three years, and one-third for the term of two years; and thereafter the terms of office of each member shall be four years. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings and carrying out the responsibilities of the board. The chairperson shall be elected annually from the nongovernmental members of the board. There shall be not less than twelve meetings of the board each year. Quorum shall be a majority of the currently serving members, but in no event fewer than eight members shall constitute a quorum.
(b) The policy advisory board for elder affairs may honor a non ex officio member by voting to award the member a lifetime honorary kupuna title at a meeting called for the purpose and attended by a quorum. The governor:
(1) Shall take into consideration a person's receipt of a lifetime honorary kupuna title when considering the person's reappointment to the board; and
(2) Notwithstanding section 26-34, may reappoint a person who holds the lifetime honorary kupuna title for continued terms over the person's lifetime. [L 1976, c 217, pt of §2; am L 1979, c 136, §1(1); am L 1987, c 339, §4; am L 1990, c 67, §8; gen ch 1993; am L 2013, c 8, §1; am L 2018, c 134, §2; am L 2019, c 125, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-5.5 Executive office on aging administrative claiming special fund.

§349-5.5 Executive office on aging administrative claiming special fund.
(a) There is established in the state treasury the executive office on aging administrative claiming special fund into which shall be deposited:
(1) All revenues from medicaid administrative claiming designated for the department of health that are allowable for operating the aging and disability resource centers and programs within the executive office on aging;
(2) Appropriations made by the legislature to the fund; and
(3) Grants and gifts made to the fund.
(b) The executive office on aging administrative claiming special fund shall be administered and expended by the department of health to administer and implement services for kupuna and individuals with disabilities who need long-term services and supports. [L 2019, c 89, §2; am L 2023, c 249, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-6 State master plan for elders.

§349-6 State master plan for elders.
The executive office on aging shall be responsible for the continued development, implementation, and continuous updating of a comprehensive master plan for elders which shall include, but not be limited to, the following:
(1) Compilation of basic demographic data on elders in the State;
(2) Identification of the physical, sociological, psychological, and economic needs of elders in the State;
(3) Establishment of immediate and long-range goals pursuant to programs and services for elders in the State;
(4) Establishment of priorities for program implementation and of alternatives for program implementation; and
(5) Organization of administrative and program structure, including the use of facilities and personnel.
The state master plan for elders shall be developed in accordance with the requirements of the executive budget act. [L 1976, c 217, pt of §2; am L 1990, c 67, §8]
Case Notes
Justifying age sixty-five retirement policy on basis of conserving state funds would be inconsistent with this section. 56 H. 601, 546 P.2d 1005 (1976).
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-6.5 Alzheimer's disease and related dementias state plan.

§349-6.5 Alzheimer's disease and related dementias state plan.
(a) The executive office on aging shall prepare an update of the state plan on Alzheimer's disease and related dementias no less frequently than once per fiscal biennium. The executive office on aging shall include information on progress made toward the goals of the state plan in its annual report to the legislature.
(b) The update report shall include:
(1) An implementation work plan specifying the tasks, timelines, and milestones for each goal along with parties assigned to each task;
(2) Efforts taken by the State to achieve the goals and strategies identified in the most recent state plan on Alzheimer's disease and related dementias;
(3) Recommendations for state policy relating to Alzheimer's disease and dementias; and
(4) A review of services initiated and coordinated among public and private agencies to meet the needs of persons with Alzheimer's disease and related dementias and their families.
(c) In preparing the update report, the executive office on aging shall review the most recent state plan on Alzheimer's disease and related dementias for appropriateness and revise the plan as necessary. In determining the appropriateness of the current plan, the executive office on aging shall solicit input from task forces and working groups formed to address Alzheimer's disease and related dementias, families affected by Alzheimer's disease and related dementias, and members of the medical community. [L 2018, c 146, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-7 Recognition as responsible state agency.

§349-7 Recognition as responsible state agency.
The executive office on aging shall be the single state agency responsible for programs affecting senior citizens of this State; provided that those programs affecting senior citizens now operated by other departments or agencies shall not be transferred to the executive office on aging except by executive order of the governor. [L 1976, c 217, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-8 Powers of other departments and agencies; cooperation with the executive office on aging.

§349-8 Powers of other departments and agencies; cooperation with the executive office on aging.
It shall be the duty and responsibility of every state department and county agency providing programs and services to the aging, in actively working toward the goals and objectives articulated in the state comprehensive master plan for elders, to coordinate with the executive office on aging the development of its program plans and clear its final plans with the office prior to implementation of such plans. The executive heads of all such departments and agencies shall cooperate with the executive office on aging in providing information as the office deems necessary for the effective discharge of its duties under sections 349-3, 349-5, 349-6, and 349-7. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of this State, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers, and duties. Each department, agency, officer, and employee of the State and of the counties shall cooperate and assist the executive office on aging in the performance of the function, powers, and duties of the office. [L 1976, c 217, pt of §2; am L 1990, c 67, §8]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-9 County functions.

§349-9 County functions.
Each county may establish a county office on aging and a county council on aging pursuant to the Older Americans Act of 1965, as amended. [L 1976, c 217, pt of §2; am L 1979, c 136, §1(2)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-10 Annual senior citizen's fair.

§349-10 Annual senior citizen's fair.
Each county may hold an annual senior citizen's fair in its respective county. The county shall be responsible for the planning, organizing, and coordinating of the fair in every respect. The state policy advisory board for elder affairs may assist the county in any aspect upon request. Proceeds earned from this fair are deemed to be proceeds earned from casual sales as defined in chapter 237. The county shall distribute such proceeds to the various senior citizen organizations and individuals who participate in the fair in accordance with appropriate methods of distribution as determined by the county. [L 1976, c 217, pt of §2; am L 1979, c 136, §1(3); am L 1990, c 67, §8]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-11 State policy for senior centers.

§349-11 State policy for senior centers.
The executive office on aging shall be responsible for establishing state policy for senior centers. Such policy shall include, but not be limited to, the following:
(1) Establishment of comprehensive long range and immediate goals and objectives pursuant to chapter 349;
(2) Establishment of state standards for the operation and maintenance of senior centers;
(3) Establishment of priorities for program implementation and of alternatives for program implementation;
(4) Delineation of the separate and mutual roles, responsibilities, and authorities of the State and of the several counties relative to the development and administration of senior centers and senior center programs; and
(5) Establishment of a mechanism to provide for the effective monitoring of senior centers and senior center programs. [L 1976, c 141, § §1, 2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-14.1 The Hawaii state health insurance assistance program; annual report.

§349-14.1 The Hawaii state health insurance assistance program; annual report.
The executive office on aging shall submit to the legislature a progress report on the Hawaii state health insurance assistance program no later than twenty days prior to the convening of each regular session. The report shall include but not be limited to:
(1) The number of persons in the State's medicare population served by outreach programs;
(2) The number of previously uninsured persons who received assistance with enrollment in medical or prescription drug coverage; and
(3) The number of persons assisted by the Hawaii state health insurance assistance program with enrollment in low-income subsidy programs. [L 2023, c 252, §3]