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HB868
HOUSE OF REPRESENTATIVES
H.B. NO.
868
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to disabilities
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that many state
facilities are not compliant with the federal Americans with Disabilities Act
of 1990, as amended (ADA).
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Compliance
with the ADA concerns the entire community and fulfills our duty to recognize
and uphold the rights and needs of our disabled community members. Compliance
with the ADA is mandatory, and the legislature must ensure that state buildings
and facilities meet the needs of the entire community.
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The
legislature further finds that Title II of the ADA requires that state and
local governments provide people with disabilities an equal opportunity to
benefit from programs, services, and activities, including public education,
employment, transportation, recreation, health care, social services, courts,
voting, and public meetings.
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Title II
of the ADA also requires state and local governments to follow specific
architectural standards in new construction and alteration of their facilities.
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They must also relocate programs or otherwise
provide access in inaccessible older buildings and communicate effectively with
persons who have hearing, vision, or speech disabilities.
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Public entities are not required to take
actions that would result in undue financial and administrative burdens.
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They are, however, required to make
reasonable modifications to policies, practices, and procedures as necessary to
avoid discrimination, unless they can demonstrate that doing so would
fundamentally alter the nature of the service, program, or activity being
provided.
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The
purpose of this Act is to require the department of land and natural resources
to evaluate and report on department facilities that are not in compliance with
the ADA.
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SECTION
2.
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The department of land and natural
resources shall conduct an evaluation of its facilities for compliance with
Title II of the Americans with Disabilities Act of 1990, as amended, and compile
a list of facilities that are non‑compliant.
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The department shall report its findings to
the legislature by November 1, 2025.
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SECTION
3.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
DLNR;
ADA; Compliance; Report
Description:
Requires
the Department of Land and Natural Resources to evaluate its facilities for
compliance with the Americans with Disabilities Act and compile a list of
non-compliant facilities.
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Requires report
to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.