Bill Text: HI HB1489 | 2018 | Regular Session | Introduced
Bill Title: Relating To Civil Rights.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2018-07-06 - Act 110, 07/05/2018 (Gov. Msg. No. 1211). [HB1489 Detail]
Download: Hawaii-2018-HB1489-Introduced.html
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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 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.]
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 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.
