Bill Text: HI HB2379 | 2010 | Regular Session | Introduced
Bill Title: Hawaii Civil Rights Commission
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and McKelvey, Pine, Tokioka excused (3). [HB2379 Detail]
Download: Hawaii-2010-HB2379-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2379 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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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 legislature finds that section 368-4(a), Hawaii Revised Statutes, provides that all records of a civil rights commission investigation shall be kept confidential, but that certain factual matters may be disclosed under limited circumstances. Among the factual records that can be disclosed pursuant to section 368-4(a), Hawaii Revised Statutes, are "witness statements for which the witness has not requested confidentiality."
The legislature further finds that section 368-4(b)(4), Hawaii Revised Statutes, provides that confidential witness statements are records of non-factual matters that shall be considered confidential records except as otherwise provided by law.
The purpose of this Act is to clarify certain distinctions between confidential witness statements and statements of the parties to a complaint filed with the civil rights commission by adding a definition for "confidential witness" in section 368‑4, Hawaii Revised Statutes, and to clarify the allowable uses of factual matters obtained in an investigation as evidence in the investigation, conciliation, and litigation of a complaint.
SECTION 2. Section 368-4, Hawaii Revised Statutes, is amended to read as follows:
"§368-4 Records; confidentiality;
disclosure; use; reporting requirements. (a) All records of the
investigation arising from a complaint filed with the commission shall be kept
confidential and shall not be disclosed to anyone; provided that any factual
matters provided to the commission during the intake and investigation of the
complaint, including complainant and respondent statements and documents,
pre-complaint questionnaires, witness statements for which the witness has not
requested confidentiality, other documents received from witnesses, and
correspondence with parties and witnesses may be [disclosed]:
(1) [As] Disclosed as may be required
by order of a court or hearing examiner with jurisdiction in a case
arising from a complaint filed with the commission; [or]
(2) [As] Disclosed as may be requested
by a party in a complaint filed with the commission, if a complainant verifies
in writing that the complainant has received a notice of right to sue pursuant
to section 368‑12 and a civil action has been filed or the right
to sue has not expired, or if a respondent verifies in writing that the
complainant has filed a civil action[.]; or
(3) Used by the commission as evidence in the investigation, conciliation, and litigation of complaints filed with the commission, or as ordered by a court or hearings examiner with jurisdiction in a case arising from a complaint filed with the commission.
(b) All records of non-factual matters relating to the investigation and arising from a complaint filed with the commission, including:
(1) Settlement discussions;
(2) Financial records;
(3) Commission attorney communications and work products;
(4) Confidential witness statements; and
(5) Commission investigatory procedures, including but not limited to:
(A) Training and educational discussions between staff;
(B) The case analysis manual;
(C) Procedures and standards used in case analysis;
(D) Investigatory directives;
(E) Investigative plans, strategies, or goals;
(F) Case reviews; and
(G) Investigator notes, impressions, recommendations, and reports;
shall be considered confidential records except as otherwise provided by law.
(c) The commission, in making a determination to approve or deny a request that a witness' identity or statement be kept confidential, shall consider:
(1) The relevance, materiality, and importance of the witness' statement;
(2) The likelihood that the witness' statement could not be obtained without approval of a request that the person's identity or statement be kept confidential; and
(3) A reasonable fear that the witness or another person would suffer serious harm or retaliation if the person's identity or statement were not kept confidential, including but not limited to, death, injury, or serious economic harm, such as termination of employment.
[(c)] (d) The disclosure of
records that are not related to the investigation arising from a complaint
filed with the commission shall be subject to chapter 92F.
[(d)] (e) The commission shall
maintain complete records of all complaints filed with the commission and shall
compile annual statistical data on the number of complaints filed and the
status or disposition of those complaints by types of complaints.
[(e)] (f) The commission shall
provide to the governor and the legislature a report of that statistical data
on an annual basis, not less than thirty days prior to the convening of the
legislative session.
(g) As used in this section, "confidential witness" means a person who is not a complainant or respondent to a complaint filed with the commission and who requests that the person's identity or statement be kept confidential, subject to a determination by the commission."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
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Report Title:
Hawaii Civil Rights Commission
Description:
Defines "confidential witness" and clarifies the allowable uses of factual matters obtained by the Hawaii civil rights commission during an investigation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
