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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1489 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CIVIL RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et. seq.), renamed the Patsy Mink Equal Opportunity in Education Act in 2002, has had an enormous impact in reducing discrimination on the basis of sex in programs receiving federal funding. Here in Hawaii, the generation that followed Congresswoman Mink has taken pride in fostering diversity and equality: in the classroom, on the sports field, and in the workplace. Hawaii is a place where all are welcome and all are given the opportunity to succeed. Yet notwithstanding the gains made over the last four and a half decades, sex discrimination persists; indeed, recent public rhetoric demonstrates that the dream of true equality requires continued commitment at all levels of government. While the federal government's faithfulness to the principles of equality may ebb and flow with changing administrations, the legislature seeks to guarantee Hawaii's dedication to the principles articulated in Title IX.
Accordingly, the purpose of this Act is to ensure that the protections that have been articulated in Title IX and its attendant regulations continue here in Hawaii, notwithstanding changes in federal administrations, and that Hawaii continues to be a nationwide leader in promoting equality and opportunity.
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, sex, including gender identity
or expression, or sexual orientation, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination by any
state [agencies,] agency, or under any
EXECUTIVE CHAMBERS
HONOLULU
DAVID Y. IGE
GOVERNOR
July 5, 2018 GOVe MSG. NO& f
'l I (
The Honorable Ronald D. Kouchi, The Honorable Scott K. Saiki,
President Speaker and Members of the
and Members of the Senate House of Representatives
Twenty-Ninth State Legislature Twenty-Ninth State
Legislature
State Capitol, Room 409 State Capitol, Room 431
Honolulu, Hawai'i 96813 Honolulu, Hawai'i 96813
Dear President Kouchi, Speaker Saiki, and Members of the Legislature:
This is to inform you that on July 5, 2018, the following bill was signed into
law:
HB1489 HD1 SD2 CD1 RELATING TO CIVIL RIGHTS
ACT 110 (18)
Sincerely,
DAVIDY. IGE
Governor, State of Hawai'i
AJ>J>roved by the
Governor ORIGINAL
on JUL O 2018
5
. ACT 110
HOUSE OF
REPRESENTATIVES
1489
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
H.B. NO. H.D.1
S.D. 2
C.D.1
A BILL FOR AN ACT
RELATING TO CIVIL RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAIi:
1
PART I
2 SECTION 1. The legislature finds that
Title IX of the
3 Education Amendment of 1972 (20 U.S.C. 1681 et
seq.) (Title
4 IX), renamed the Patsy Mink Equal Opportunity in Education Act
5 in 2002, triggered a seismic shift in the education landscape by
6 prohibiting discrimination on the basis of sex by any education
7 program orof
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.] terms "disability", "sex",
"gender identity or expression", and "sexual orientation"
shall have the same meanings as those terms are defined in section 378-1.
(c) As used in this
section, "state financial assistance" [means] shall be
broadly construed and shall mean 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."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report federal
funds. The legislature
8 also finds that Hawaii is rightfully proud of Patsy Mink's
9 signature legislation, which has given millions of girls and
10 women educational opportunities that were undreamed of before
11 enactment of Title IX, in the classroom and on playing fields;
12 in research, teaching, and graduate schools; and in employment,
13 medicine, law, and other
professions. The
legislature
14 recognizes, however, that Patsy Mink's celebrated legacy has not
15 been fully realized, and that the efficacy of Title:
Discrimination; Sex; Gender Identity or Expression; Sexual Orientation
Description:
Prohibits a state agency or program or activity receiving state financial assistance from excluding from participation, denying benefits to, or discriminating against a qualified individual by reason of disability, sex, including gender identity or expression, or sexual orientation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
IX
federal
16 protections against sex discrimination in education has been
17 diminished and eroded. For these
reasons, the legislature
HB1489 CDl LRB
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1489
H.B.
NO. H.D.1
S.D.2
C.D.1
1 believes it is time to consider and address the need for a
2 corollary to Title IX in state law.
3 Accordingly, the purpose of this Act is to:
4 (1) Provide for a state corollary to Title
IX that
5 prohibits discrimination on the basis of
sex,
6 including gender identity or expression,
or sexual
7 orientation, in any state educational
program or
8 activity, or in any educational program
or activity
9 that receives state financial
assistance, without
10 regard to whether the educational
program or activity
11 also receives federal funds; and
12 (2) Direct the legislative reference bureau
to conduct a
13 study of existing Title IX procedures
on the federal
14 level and in other jurisdictions and
recommend
15 proposed legislation.
16
PART II
17 SECTION 2. The Hawaii
Revised Statutes is amended by
18 adding a new chapter to title 20 to be appropriately designated
19 and to read as follows:
20
"CHAPTER
21 DISCRIMINATION IN STATE EDUCATIONAL PROGRAMS AND ACTIVITIES
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1489
H.B.
NO. H.D.1
S.D.2
C.D.1
1 § -1 State educational programs and
activities;
2 discrimination
prohibited. (a) No
person in the State, on the
3 basis of sex, including gender identity or expression as defined
4 in section 489-2, or sexual orientation as defined in section
5 489-2, shall be excluded from participation in, be denied the
6 benefits of, or be subjected to discrimination under:
7 (1) Any state educational program or activity; or
8 (2) Any educational program or activity that
receives
9 state financial assistance.
10 (b) Nothing in this chapter shall preclude a
student
11 participating in any educational program or activity who is
12 aggrieved by a violation of this chapter from filing a civil
13 action in a court of competent jurisdiction.
14 (c) A person, or an organization or association
on behalf
15 of a person alleging a violation of this chapter may file a
16 complaint pursuant to this chapter.
17 (d) As used in this section:
18 "Educational program or activity that receives state
19 financial assistance" means any educational program or activity
20 that receives state financial assistance, in any amount, for any
HB1489 CDl LRB 18-24pl-4.doc 3
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Page4 1489
H.B. NO. H.D.1
S.D.2
C.D.1
1 purpose. The term does not exclude an educational
program or
2 activity that also receives federal funds.
3 "State educational program or activity" means an
4 educational program or activity of the University of Hawaii, the
5 . department of education, or public charter schools."
6
PART III
7 SECTION 3. The legislative
reference bureau shall conduct
8 a study of existing Title IX enforcement practices and
9 procedures on the federal level and in other jurisdictions,
10 including the following:
11 (1) A detailed review of enforcement entities
responsible
12 for overseeing the investigation and
adjudication of
13 complaints under Title IX and related
state laws
14 prohibiting discrimination on the basis of
sex;
15 (2) An examination of issues related to
service and
16 standing for bringing applicable
complaints;
17 (3) A review of the various remedies for
violations that
18 may be available to an aggrieved party,
including
19 alternative dispute resolution, injunctive
relief, and
20 civil damages; and
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Page 5 1489
H.B. NO. H.D.1
S.D.
2
C.D.1
1 (4) An examination of any potential
inconsistencies
2 between multiple state ~nd federal
compliance mandates
3 and regulatory schemes.
4 No later than twenty days prior to the convening of the
5 regular session of 2019, the legislative reference bu~eau shall
6 submit a report to the legislature with findings and
7 recormnendations on the foregoing issues, including proposed
8 legislation concerning an appropriate enforcement mechanism for
9 chapter , Hawaii Revised Statutes.
10
PART IV
11 SECTION 4. This Act shall
take effect on January 1, 2020;
12 provided that part III shall take effect on July 1, 2018.
APPROVED
this O day of
5 'i 2018
~Jj~
GOVERNOR O~TATE OF HAWAII
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HB No. 1489, HD 1,
SD 2, CD 1
THE HOUSE OF REPRESENTATIVES OF THE STATE OF HAWAII
Date: May 1, 2018
Honolulu, Hawaii
We hereby certify that the above-referenced Bill on this day passed
Final Reading in the
House of Representatives of the Twenty-Ninth Legislature of the State of Hawaii,
Regular
Session of 2018.
Scott K. Saiki
Speaker
House of
Representatives
Brian L. Takeshita
Chief Clerk
House of
Representatives
H.B. No. 1489, H.D. 1, S.D.
2, C.D. 1
THE SENATE OF THE STATE OF HAWAl'I
Date: May 1, 2018
Honolulu, Hawaii
96813
We hereby certify that the foregoing Bill this day passed Final Reading
in the
Senate of the Twenty-ninth Legislature of the State of Hawai 'i, Regular
Session of 2018.
~//~/~·
~f
President of the
Clerk of the Senate