Bill Text: HI SB569 | 2019 | Regular Session | Amended
Bill Title: Relating To The Hawaii Civil Rights Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-03-07 - Referred to HSH/LAB, JUD, FIN, referral sheet 27 [SB569 Detail]
Download: Hawaii-2019-SB569-Amended.html
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THE SENATE |
S.B. NO. |
569 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The purpose of this Act is
to clarify the intent of the legislature in enacting section 368-1.5, Hawaii
Revised Statutes, in light of the Hawaii supreme court's decision in Hawaii Technology Academy and the Department
of Education v. L.E. and Hawaii Civil Rights Commission, 141 Hawaii 147,
407 P.3d 103 (2017), which held that the legislature did not intend the Hawaii
civil rights commission to have jurisdiction over disability discrimination
claims under section 368-1.5, Hawaii Revised Statutes, if protections under
section 504 of the Rehabilitation Act, P.L. 93-112, as amended, are applicable.
When it was enacted, section 368-1.5, Hawaii Revised Statutes, was meant to be the state counterpart to section 504 of the Rehabilitation Act, to provide a state remedy for disability discrimination under section 368-1.5, Hawaii Revised Statutes, in addition to the remedies available under section 504 of the Rehabilitation Act, thereby providing an alternative state remedy in situations where federal remedies are also available, and to provide those with disabilities non-discriminatory access to state financially assisted programs and activities, regardless of whether that program or activity also receives federal financial assistance.
As such, the legislature reiterates that the intent of enacting section 368-1.5, Hawaii Revised Statutes, was originally, and is now, to give the Hawaii civil rights commission jurisdiction over disability discrimination claims under section 368-1.5, Hawaii Revised Statutes, even if protections under section 504 of the Rehabilitation Act are applicable.
The legislature finds that to avoid potential duplication of services under the Individuals with Disabilities Education Act, P.L. 101-476, as amended (IDEA), and its appeals process, educational services provided by public and charter schools that are covered by this federal law shall be excluded from the Hawaii civil rights commission's jurisdiction under this Act.
SECTION 2. Section 368-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§368-1.5 Programs and activities receiving state
financial assistance. (a) No otherwise qualified individual in the
State shall, [solely] by reason of his or her disability, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination
by state agencies, or under any program or activity receiving state financial
assistance.
(b) As used in this section, the term "disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.
(c) As used in this section, "state financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State.
(d) As used in this
section, the term "program or activity receiving state financial
assistance" includes a program or activity that also receives federal
financial assistance."
SECTION 3. Section 368-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
The commission shall have jurisdiction over the subject of
discriminatory practices made unlawful by part I of chapter 489, chapter 515,
part I of chapter 378, and this chapter[.]; provided that the
commission shall not have jurisdiction over claims that would be cognizable
under the Individuals with Disabilities Education Act, P.L. 101-476, as amended. Any individual claiming to be aggrieved by an
alleged unlawful discriminatory practice may file with the commission's
executive director a complaint in writing that shall state the name and address
of the person or party alleged to have committed the unlawful discriminatory
practice complained of, set forth the particulars thereof, and contain other
information as may be required by the commission. The attorney general, or the commission upon
its own initiative may, in like manner, make and file a complaint."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Civil Rights; Disability; Discrimination; State Agencies and Programs; Programs and Activities Receiving State Financial Assistance
Description:
Includes programs and activities that also receive federal financial assistance within the meaning of programs and activities receiving state financial assistance. Reiterates the legislature's intent of ensuring non-discriminatory access to State financially assisted programs, as it relates to the Hawaii civil rights commission's jurisdiction. Excludes claims cognizable under the Individuals with Disabilities Education Act from the Hawaii civil rights commission's jurisdiction. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
