Bill Text: HI SB2805 | 2018 | Regular Session | Introduced
Bill Title: Relating To The Hawaii Civil Rights Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-22 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Fukumoto, Johanson, C. Lee, Souki, Todd excused (5). [SB2805 Detail]
Download: Hawaii-2018-SB2805-Introduced.html
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THE SENATE |
S.B. NO. |
2805 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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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. Section 368-13, Hawaii Revised Statutes, is
amended to read as follows:
"§368-13 Investigation and conciliation of complaint. (a) After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission's executive director shall make an investigation in connection therewith. At any time after the filing of a complaint but prior to the issuance of a determination as to whether there is or is not reasonable cause to believe that part I of chapter 489, chapter 515, part I of chapter 378, or this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.
(b)
The executive director shall issue a determination of whether [or not] there is reasonable cause to believe that
an unlawful discriminatory practice has occurred within [one-hundred and]
one hundred eighty days from the date of filing a complaint,
unless the commission grants an extension of time to issue a determination.
(c) [If] When the executive
director makes a determination that there is no reasonable cause to believe
that an unlawful discriminatory practice has occurred in a complaint filed, the
executive director shall promptly notify the parties in writing. The notice to
complainant shall indicate also that the complainant may bring a civil action
as provided under section 368-12.
(d) When the executive director determines after
the investigation that there is reasonable cause to believe that an unlawful
discriminatory practice within the commission's jurisdiction has been
committed, the executive director shall immediately endeavor to eliminate any
alleged unlawful discriminatory practice by informal methods, such as
conference, conciliation, and persuasion.
(e) [Where] When the executive
director has determined that there is reasonable cause to believe that an
unlawful discriminatory practice has occurred and has been unable to secure
from the respondent a conciliation agreement acceptable to the commission
within [one hundred and] one hundred eighty days of the filing of
the complaint, unless the commission has granted an extension of time,
the executive director [shall demand], at the executive director's
discretion, may:
(1) Issue a final conciliation demand that the respondent cease the
unlawful discriminatory practice[.]; or,
(2) Dismiss the complaint and issue a notice to the complainant indicating that the complainant may bring a civil action as provided
under section 368-12.
The executive director's determination that
a final conciliation demand is to be
made shall be subject to reconsideration by the [commission] executive
director on [its] the executive director's own initiative but
shall not be subject to judicial review. The executive director may demand appropriate
affirmative action as, in the judgment of the executive director, will
effectuate the purpose of this chapter, and include a requirement for reporting
on the manner of compliance.
The executive director's determination
to dismiss a complaint and to issue a notice of right to sue may be
reconsidered on the executive director's own initiative but shall not be
subject to judicial review.
(f)
Notwithstanding subsection (e) to the contrary, for complaints alleging violations of chapter 515 and the federal Fair Housing
Act, Title VIII of the Civil Rights Act of 1968, P.L. 90-284 (42 U.S.C. section
3601, et seq.), as amended, when the executive director has determined that
there is reasonable cause to believe that an unlawful discriminatory practice
has occurred and has been unable to secure from the respondent a conciliation agreement
acceptable to the commission within one hundred eighty days of the filing of
the complaint, unless the commission has granted an extension of time, the
executive director shall demand that the respondent cease the unlawful
discriminatory practice.
The executive director's determination to issue a final conciliation
demand shall be subject to reconsideration by the commission on the commission's
own initiative but shall not be subject to judicial review. The executive director may demand appropriate
affirmative action as, in the judgment of the executive director, will carry
out the purpose of this chapter, and include a requirement for reporting on the
manner of compliance."
SECTION 2. This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.
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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BY REQUEST |
Report Title:
Hawaii Civil Rights Commission; Investigation and Conciliation of Complaint
Description:
Authorizes the Hawaii Civil Rights Commission Executive Director to either issue a final conciliation demand or dismiss a discrimination complaint and issue a notice of right to sue after a determination of a reasonable cause of discrimination is made. Expressly does not extend the Executive Director's authority and discretion with respect to fair housing, to comply with the federal Fair Housing Act.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
