11-23

Disqualified Voter

Whenever the clerk receives (from DOH or any informing agency) information of a person adjudicated as incapacitated under chapter 560 or mentally retarded under chapter 333, among other classes, the clerk shall make an investigation to prove or disprove the information.  If the investigation shows incapacity to the extent that the person lacks sufficient understanding or capacity, the clerk shall remove the name of the person from the register.

11-136

Poll Book Identification, Voter

Precinct chairpersons are authorized to waive the requirement that voters sign their names in the poll book for reasons of illiteracy, blindness or other physical disability.

11-139

Voting Assistance

Any voter requiring assistance to vote may request assistance from two precinct officials of differing political parties or may choose any person other than the voter’s employer or agent of the employer or voter’s union.  The precinct official shall enter in writing the record book if assistance is needed due to disability and the name of the person providing assistance.

46-4

 County Zoning

No law, county ordinance or rule shall prohibit group living in facilities with eight or fewer residents licensed under chapter 321-15.6 or Intermediate Care Facilities for the Mentally Retarded (ICF/MR-C), or for those who are mentally ill, elderly, disabled, developmentally disabled, or totally disabled who are not related to the home operator or facility staff; provided that group living facilities meet all applicable county requirements.

46-15.3

Adult Family Boarding Home and Care Home

Licensed care and adult family boarding homes shall, for the purpose of regulation under a county’s life safety code, fire code, or any other ordinance or similar purpose, be considered a single family dwelling if living accommodations are provided for up to six persons, other than the operator of the home and the operator’s family.  However, not more than three of those six persons shall be incapable of self-preservation because of disability or age.

46-15.35

Family Child Care Homes

Family child care homes shall be considered a residential use of property and shall be a permitted use in all residentially designated zones.

46-15.36

Hospice Homes

A hospice home shall be considered a residential use of property and shall be a permitted use in all residentially designated zones.  Defines “Hospice home.”

76-16

Civil Service and Exemptions

An exemption from civil service laws is allowed for various state positions, including those filled by persons with severe physical or mental disabilities participating on the Work Experience Training Programs, or persons who are severely disabled who are certified by the state vocational rehabilitation office.

76-77

Civil Service and Exemptions

An exemption from civil service laws is permitted for county positions filled by persons with a severe disability who are certified by the state vocational rehabilitation office.

76-103

Veteran's Preference

Provides preference in civil service hiring to veterans, disabled veterans, spouses of disabled veterans, and surviving spouses of deceased servicemen or servicewomen with qualifications.

88-334 through

88-337

 Disability Retirement

Sets forth disability retirement benefits for public service employees.

90-2 and

90-3

Volunteers; Non-Discrimination

Prohibits discrimination in any state volunteer program or activity on the basis of various protected classes, including physical or mental handicap.

102-2

Contracts for Concessions

Leases, licenses or permits for the operation of concessions for the use by handicapped or blind persons, and automatic teller machines, or vending machines located at public schools operated by blind or visually handicapped persons shall be exempt from required public advertisement and bidding as set forth by law.

102-14

Use of Public Buildings by Blind or Visually Handicapped Persons

State and county authorities responsible for the management of public buildings shall authorize blind or visually handicapped persons registered by DHS under chapter 347-6 to operate and maintain stands and machines for the vending of newspapers, confections, tobacco, etc.  Specifically exempted are certain facilities.  All state and county agencies planning construction or renovations to buildings are required to consider plans for vending facilities operated by blind or visually handicapped persons.

103-50

Building Design to Consider Needs of Persons with Disabilities

All plans and specifications for the construction of public buildings, facilities, and sites by the State or any political subdivision shall be prepared so that the buildings, facilities, and sites are accessible and usable by persons with disabilities.  Buildings shall conform to the Americans with Disabilities Act Accessibility Guidelines and the Federal Fair Housing Amendments Act design guidelines, as amended by the Disability and Communication Access Board.  All agencies subject to this chapter shall seek advice and recommendations from the Disability and Communication Access Board on any construction plans prior to construction.  The Disability and Communication Access Board may approve a site specific alternate design when an alternate design provides equal or greater access. 

103-72

Transcription of Instructional Materials

Contracts for the procurement of instructional materials shall include a provision that enables the State to transcribe and reproduce the material in Braille, large print, recordings, or other media for the use of physically disabled students, including the visually impaired.

103D-1001

Definitions

Defines a “Qualified community rehabilitation program” for the purposes of receiving preference in government contracts or sales to government agencies.

103D-1009 through

103D-1011

Preference for Qualified Community Rehabilitation Programs

When a government body contracts for services, a five percent preference shall be given to services to be provided by qualified community rehabilitation programs in conformance with criteria established by the DLIR, provided that the contracts shall be exempt from the wages provision of section 103-55. Any government body may purchase goods or services provided by qualified community rehabilitation programs under certain criteria without advertising or calling for bids. 

134-2

Registration

A fire permit application form shall include information regarding the applicant’s mental health history.  Applicants for a permit shall sign a waiver at the time of application allowing the Chief of Police of the county issuing permits access to any records which have a bearing on the mental health of the applicant. 

134-7

Ownership or Possession Prohibited

No person who has been acquitted of a crime on the grounds of mental disease, disorder or defect, or is or has been diagnosed for significant behavioral, emotional or mental disorders or for treatment for organic brain syndromes, shall own, possess, or control any firearm or ammunition unless such person has been medically documented to no longer be adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

142-5.5

Guide, Signal, or Service Dogs

Any person with a disability who uses a guide, signal, or service dog, as defined in section 515-3, shall be permitted to reside on site for the duration of quarantine, if housing is available.  (Note:  The Department of Agriculture through administrative rules has quarantine modifications relating to guide, signal, or service dogs.)

143-4

Issuance of License and Tags

The Counties’ Directors of Finance are authorized to issue license tags for guide, signal, or service dogs.

171-64

Covenants Against Discrimination

The Board of Land and Natural Resources shall ensure that any deed, patent, lease, agreement, license, or permit shall not support any policy which discriminates against anyone based on various protected classes, including physical handicap.  The Board shall not dispose of any public land to any person who practices the above discrimination.  Defines “physical handicap” as a physical impairment which substantially limits one or more of a person's major life activities.

201G-111

Housing Development Programs

Preference shall be given to those applicants most in need of assistance in obtaining housing.  The physical disabilities of the applicant or those living with the applicant are one criteria for preference.

235-1

Definitions

For the purposes of state income tax, “Blind” means a person whose central acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is such that the widest diameter of the visual field subtends an angle no greater than 20 degrees; “Deaf” means a person whose average loss in the speech frequencies (500-2000 Hertz) in the better ear is 82 decibels A.S.A. or worse; “Person totally disabled” means a person who is totally and permanently disabled, either physically or mentally, which results in the person’s inability to engage in any substantial gainful business or occupation.

235-7

Provisions as to Gross Income, Adjusted Gross Income and Taxable Income

Excludes compensation paid to patients affected with Hansen’s disease employed by the State or the United States in any hospital, settlement, or place for the treatment of Hansen’s disease from gross income, adjusted gross income, and taxable income.

235-54

Income Tax Exemptions

Blind, deaf, or totally disabled persons as defined in section 235-1 shall be allowed an exemption of $7,000 in computing their taxable income of the person.

235-55.6

Tax Credit for Dependent Care Services

A tax credit of up to $2,400 for one qualifying individual or $4,800 for two or more qualifying individuals may be taken for employment-related services if such expenses were incurred to enable the taxpayer to be gainfully employed.  “Qualifying individual” means a dependent of the taxpayer who is under the age of 13 or who is a dependent or the spouse of the taxpayer who is physically or mentally incapable of caring for himself.

235-55.91

Credit for Employment of Vocational Rehabilitation Referrals

An employer may receive a tax credit if the employer hires a “vocational rehabilitation referral,” defined as “any individual who is certified by DHS Vocational Rehabilitation and Services for the Blind Division”, in consultation with the Hawaii State Employment Service of DLIR, as 1) having a physical or mental disability which constitutes or results in a substantial handicap to employment, and 2) having been referred to the employer upon the completion of or while receiving rehabilitative services.

235-94

Preparation of Returns

If a person with a disability is unable to complete a return form, the return shall be made by a duly authorized agent, committee, guardian, fiduciary, or other person charged with the care of the person or property of the individual.

237-17

General Excise Tax; Persons With Impaired Sight, Hearing, or Who Are Totally Disabled

The privilege (general excise) tax of the business of individuals who are blind, deaf, totally disabled, as defined in section 235-1, or corporations whose outstanding shares are owned by such individuals, shall not exceed one half of one percent of the proceeds, sales, incomes, or their receipts subject to tax (versus 4 percent for the rest of the population).

237-23

General Excise Tax, Persons with Hansen’s Disease

Exempts persons with Hansen’s disease from general excise tax with respect to business within the County of Kalawao (Kalaupapa).

237-24

General Excise Tax, Amounts Not Taxable

Up to $2,000 gross income of a blind, deaf, or totally disabled person engaging or continuing, in any business, trade, activity, occupation or calling within the State or a general, limited, or limited liability partnership, all of whose partners are blind, deaf, or totally disabled; or a limited liability company, all of whose members are blind, deaf, or totally disabled is not taxable.

246-29

Real Property Tax; Disabled Veterans

Real property owned and occupied as a home by a person who is totally disabled due to service connected injuries (including widows or widowers who have not remarried, and spouses) shall be exempt from all property taxes other than special assessments.

246-30

Real Property Tax;Persons Affected with Hansen’s Disease

Any person with Hansen’s disease who is admitted for treatment shall be exempted from real property taxes on all property owned by that person up to a taxable value of $15,000 so long as that person remains under treatment.

246-31

Real Property Tax; Persons with Impaired Sight or Hearing or Who Are Totally Disabled

Any person who is blind, deaf, or totally disabled as defined in section 235-1 shall be exempt from real property taxes up to a taxable value of $15,000.

249-6

Motor Vehicle Tax; Disabled Veterans

Disabled veterans who have been furnished cars by the federal government and who have been so certified by the Veterans Administration as being disabled due to a service disability shall be exempted from motor vehicle tax for one car, provided the car is not used for commercial purposes.

269-16.5

Lifeline Telephone Rates

The Public Utilities Commission is authorized to implement a lifeline telephone program with discounted rates for residential telephone users who are handicapped or elderly with limited incomes.

269-16.6

Telecommunications Relay Services

The Public Utilities Commission shall implement a program to achieve relay services for the deaf, hearing impaired, and speech impaired.   “Telecommunications relay services” means telephone transmission services that provide an individual who has a hearing or speech disability the ability to engage in communication by wire or radio with a hearing individual, services include two-way communication using text telephones, or other non-voice terminal devices, speech-to-speech services, video relay services and non-English relay services.

286-9

Facilities for Physically Handicapped Persons

The State Director of Transportation shall provide that appropriate facilities be constructed at certain street locations for the use of physically handicapped persons.

286-104

What Persons Shall Not Be Licensed:  Driving

The examiner of drivers shall not issue any license to any person when there is good cause to believe that such person would not be able to operate a motor vehicle with safety due to physical or mental disability.

286-106

Expiration of Licenses

Drivers licenses shall expire after four years (versus six years for others) if the licensee is 72 years old or older or exhibits a physical condition which the examiner of drivers reasonably believes has impaired the driver’s ability to drive, unless the licensee obtains appropriate documentation that the condition does not impair the licensee’s ability to drive or is able to correct the physical impairment or by using an adapted vehicle to the satisfaction of the examiner of drivers.

286-110

Instructional Permits

Examinations for instructional permits shall include tests of an applicant’s eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle.  The examiner of drivers may issue an instructional permit to an applicant with a disability who has completed a medical review with this state, but has failed the road test on the applicant’s first attempt.  “Applicant with a disability” means an applicant who the examiner or drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle and has been medically evaluated by the medical advisory board.

291-51

Definitions

Defines “Person with a disability” for eligibility to receive a disabled person parking permit.  Also defines “access aisle,” “certificate of disability,” “international symbol of access,” “parking space reserved for persons with disabilities,” “removable and temporary windshield placard,” “special license plate,” “sign designating the parking space for persons with disabilities.”  

291-51.3

Reimbursement to Counties

Sets forth county responsibility to issue disabled person parking permits on behalf of the State of Hawaii and the responsibility of the State to reimburse the counties for such services.

291-51.4

Fraudulent Verification

A physician who fraudulently verifies a person as disabled shall be guilty of a petty misdemeanor.

291-51.5

through

291-55

License Plates, Permits, Reciprocity, Privileges

Sets forth criteria for issuance of license plates and windshield placards, requirements to display placards; reciprocity with other jurisdictions; parking privileges.

291-52.7

Fraudulent Manufacture

A person who fraudulently manufactures or alters a placard shall be guilty of a petty misdemeanor.

291-57

Penalties

Any person who uses a parking space reserved for disabled persons without properly displaying a permit, uses an invalid permit, uses a permit issued to another person, parks in an access aisle or obstructs ingress/egress to a parking space reserved for a person with a disability or who refuses or fails to present an identification card to an enforcement officer shall be guilty of a traffic infraction and a fine up to $500.  A person who fails to display their placard but has a legitimate placard shall pay a fine between $25 and $50.

291-58

Requirement to Provide Parking

Any private or public entity shall comply with the design requirement to provide parking.  Failure to comply shall be fined $250-$500 for each separate offense.

302A-101

Exceptional Children, Definitions

“Exceptional children” means persons under 20 years of age who deviate in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capabilities; who by reason of physical defects cannot attend regular public school classes; or who are certified by a physician to be emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.

302A-406

Transportation of School Children

The Department of Education shall consider, among other things, physical handicap or special learning disability of a school child in the provision of suitable transportation to and from school and for educational field trips for all children in grades K-12 and in special education classes.

302A-412

Blind or Visually Handicapped Concessionaires

Exclusive vending machine concession rights are provided to blind or visually handicapped persons at secondary public schools.

302A-436

Department Duty Towards Exceptional Children

All exceptional children in the State shall be provided with instruction, special facilities and special services for education, therapy, and training to be established and administered by the Department of Education to enable them to live normal, competitive lives.

302A-438

Facilities, Service When Required

Where one or more exceptional children are found in any one district, the Superintendent of Education shall provide instruction, special facilities, and special services according in a manner most expedient and economical.

302A-439

Eligibility Standards

Requires the Department of Education to establish eligibility standards for exceptional children for instruction, special facilities, and special services.

302A-440