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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  The purpose of this bill is to make our civil
 
 2 rights laws uniform by prohibiting discriminatory practices in
 
 3 real property transactions (housing) and public accommodations on
 
 4 the basis of sexual orientation.  Presently, discrimination
 
 5 because of sexual orientation is only prohibited in employment.
 
 6 Just as a person should not be denied a job because of the
 
 7 person's sexual orientation (heterosexual, homosexual, or
 
 8 bisexual), a person should not be denied a home or service at a
 
 9 restaurant or store because of the person's sexual orientation.
 
10      SECTION 2.  Section 489-2, Hawaii Revised Statutes, is
 
11 amended by adding a new definition to be appropriately inserted
 
12 and to read as follows:
 
13      ""Sexual orientation" means having a preference for
 
14 heterosexuality, homosexuality, or bisexuality, having a history
 
15 of any one or more of these preferences, or being identified with
 
16 any one or more of these preferences.  "Sexual orientation" shall
 
17 not be construed to protect conduct otherwise proscribed by law."
 
18      SECTION 3.  Section 489-3, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "489-3  Discriminatory practices prohibition.  Unfair
 
 2 discriminatory practices which deny, or attempt to deny, a person
 
 3 the full and equal enjoyment of the goods, services, facilities,
 
 4 privileges, advantages, and accommodations of a place of public
 
 5 accommodation on the basis of race, sex, sexual orientation,
 
 6 color, religion, ancestry, or disability are prohibited."
 
 7      SECTION 4.  Section 515-2, Hawaii Revised Statutes, is
 
 8 amended by adding a new definition to be appropriately inserted
 
 9 and to read as follows:
 
10      ""Sexual orientation" means having a preference for
 
11 heterosexuality, homosexuality, or bisexuality, having a history
 
12 of any one or more of these preferences, or being identified with
 
13 any one or more of these preferences.  "Sexual orientation" shall
 
14 not be construed to protect conduct otherwise proscribed by law."
 
15      SECTION 5.  Section 515-3, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "515-3  Discriminatory practices.  It is a discriminatory
 
18 practice for an owner or any other person engaging in a real
 
19 estate transaction, or for a real estate broker or salesperson,
 
20 because of race, sex, sexual orientation, color, religion,
 
21 marital status, familial status, ancestry, disability, age, or
 
22 HIV (human immunodeficiency virus) infection:
 
23      (1)  To refuse to engage in a real estate transaction with a
 

 
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 1           person;
 
 2      (2)  To discriminate against a person in the terms,
 
 3           conditions, or privileges of a real estate transaction
 
 4           or in the furnishing of facilities or services in
 
 5           connection therewith;
 
 6      (3)  To refuse to receive or to fail to transmit a bona fide
 
 7           offer to engage in a real estate transaction from a
 
 8           person;
 
 9      (4)  To refuse to negotiate for a real estate transaction
 
10           with a person;
 
11      (5)  To represent to a person that real property is not
 
12           available for inspection, sale, rental, or lease when
 
13           in fact it is so available, or to fail to bring a
 
14           property listing to the person's attention, or to
 
15           refuse to permit the person to inspect real property,
 
16           or to steer a person seeking to engage in a real estate
 
17           transaction;
 
18      (6)  To print, circulate, post, or mail, or cause to be so
 
19           published a statement, advertisement, or sign, or to
 
20           use a form of application for a real estate
 
21           transaction, or to make a record or inquiry in
 
22           connection with a prospective real estate transaction,
 
23           which indicates, directly or indirectly, an intent to
 

 
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 1           make a limitation, specification, or discrimination
 
 2           with respect thereto;
 
 3      (7)  To offer, solicit, accept, use, or retain a listing of
 
 4           real property with the understanding that a person may
 
 5           be discriminated against in a real estate transaction
 
 6           or in the furnishing of facilities or services in
 
 7           connection therewith;
 
 8      (8)  To refuse to engage in a real estate transaction with a
 
 9           person or to deny equal opportunity to use and enjoy a
 
10           housing accommodation due to a disability because the
 
11           person uses the services of a guide dog, signal dog, or
 
12           service animal; provided that reasonable restrictions
 
13           or prohibitions may be imposed regarding excessive
 
14           noise or other problems caused by those animals.  For
 
15           the purposes of this paragraph:
 
16                "Blind" shall be as defined in section 235-1;
 
17                "Deaf" shall be as defined in section 235-1;
 
18                "Guide dog" means any dog individually trained
 
19           by a licensed guide dog trainer for guiding a blind
 
20           person by means of a harness attached to the dog and a
 
21           rigid handle grasped by the person;
 
22                "Reasonable restriction" shall not include any
 
23           restriction that allows any owner or person to refuse
 

 
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 1           to negotiate or refuse to engage in a real estate
 
 2           transaction; provided that as used in this paragraph,
 
 3           the "reasonableness" of a restriction shall be examined
 
 4           by giving due consideration to the needs of a
 
 5           reasonable prudent person in the same or similar
 
 6           circumstances.  Depending on the circumstances, a
 
 7           "reasonable restriction" may require the owner of the
 
 8           service animal, guide dog, or signal dog to comply with
 
 9           one or more of the following:
 
10           (A)  Observe applicable laws including leash laws and
 
11                pick-up laws;
 
12           (B)  Assume responsibility for damage caused by the
 
13                dog; or
 
14           (C)  Have the housing unit cleaned upon vacating by
 
15                fumigation, deodorizing, professional carpet
 
16                cleaning, or other method appropriate under the
 
17                circumstances.
 
18           The foregoing list is illustrative only, and neither
 
19           exhaustive nor mandatory;
 
20                "Service animal" means any animal that is trained
 
21           to provide those life activities limited by the
 
22           disability of the person;
 
23                "Signal dog" means any dog that is trained to
 

 
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 1            alert a deaf person to intruders or sounds;
 
 2      (9)  To solicit or require as a condition of engaging in a
 
 3           real estate transaction that the buyer, renter, or
 
 4           lessee be tested for human immunodeficiency virus
 
 5           infection (HIV), the causative agent of acquired
 
 6           immunodeficiency syndrome (AIDS);
 
 7     (10)  To refuse to permit, at the expense of a person with a
 
 8           disability, reasonable modifications to existing
 
 9           premises occupied or to be occupied by the person if
 
10           modifications may be necessary to afford the person
 
11           full enjoyment of the premises.  A real estate broker
 
12           or salesperson, where it is reasonable to do so, may
 
13           condition permission for a modification on the person
 
14           agreeing to restore the interior of the premises to the
 
15           condition that existed before the modification,
 
16           reasonable wear and tear excepted;
 
17     (11)  To refuse to make reasonable accommodations in rules,
 
18           policies, practices, or services, when the
 
19           accommodations may be necessary to afford a person with
 
20           a disability equal opportunity to use and enjoy a
 
21           housing accommodation;
 
22     (12)  In connection with the design and construction of
 
23           covered multifamily housing accommodations for first
 

 
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 1           occupancy after March 13, 1991, to fail to design and
 
 2           construct housing accommodations in such a manner that:
 
 3           (A)  The housing accommodations have at least one
 
 4                accessible entrance, unless it is impractical to
 
 5                do so because of the terrain or unusual
 
 6                characteristics of the site; and
 
 7           (B)  With respect to housing accommodations with an
 
 8                accessible building entrance:
 
 9                (i)  The public use and common use portions of the
 
10                     housing accommodations are accessible to and
 
11                     usable by disabled persons;
 
12               (ii)  Doors allow passage by persons in
 
13                     wheelchairs; and
 
14              (iii)  All premises within covered multifamily
 
15                     housing accommodations contain an accessible
 
16                     route into and through the housing
 
17                     accommodations; light switches, electrical
 
18                     outlets, thermostats, and other environmental
 
19                     controls are in accessible locations;
 
20                     reinforcements in the bathroom walls allow
 
21                     installation of grab bars; and kitchens and
 
22                     bathrooms are accessible by wheelchair; or
 
23     (13)  To discriminate against or deny a person access to, or
 

 
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 1           membership or participation in any multiple listing
 
 2           service, real estate broker's organization, or other
 
 3           service, organization, or facility involved either
 
 4           directly or indirectly in real estate transactions, or
 
 5           to discriminate against any person in the terms or
 
 6           conditions of such access, membership, or
 
 7           participation."
 
 8      SECTION 6.  Section 515-5, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "515-5  Discriminatory financial practices.  It is a
 
11 discriminatory practice for a person, a representative of such
 
12 person, or a real estate broker or salesperson, to whom an
 
13 inquiry or application is made for financial assistance in
 
14 connection with a real estate transaction or for the
 
15 construction, rehabilitation, repair, maintenance, or improvement
 
16 of real property, because of race, sex, sexual orientation,
 
17 color, religion, marital status, familial status, ancestry,
 
18 disability, age, or HIV (human immunodeficiency virus) infection:
 
19      (1)  To discriminate against the applicant;
 
20      (2)  To use a form of application for financial assistance
 
21           or to make or keep a record or inquiry in connection
 
22           with applications for financial assistance which
 
23           indicates, directly or indirectly, an intent to make a
 

 
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 1           limitation, specification, or discrimination unless
 
 2           such records are required by federal law;
 
 3      (3)  To discriminate in the making or purchasing of loans or
 
 4           the provision of other financial assistance for
 
 5           purchasing, constructing, improving, repairing, or
 
 6           maintaining a dwelling, or the making or purchasing of
 
 7           loans or the provision of other financial assistance
 
 8           secured by residential real estate; or
 
 9      (4)  To discriminate in the selling, brokering, or
 
10           appraising of residential real property."
 
11      SECTION 7.  Section 515-6, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "515-6  Restrictive covenants and conditions.(a)  Every
 
14 provision in an oral agreement or a written instrument relating
 
15 to real property which purports to forbid or restrict the
 
16 conveyance, encumbrance, occupancy, or lease thereof to
 
17 individuals because of race, sex, sexual orientation, color,
 
18 religion, marital status, familial status, ancestry, disability,
 
19 age, or HIV (human immunodeficiency virus) infection, is void.
 
20      (b)  Every condition, restriction, or prohibition, including
 
21 a right of entry or possibility of reverter, which directly or
 
22 indirectly limits the use or occupancy of real property on the
 
23 basis of race, sex, sexual orientation, color, religion, marital
 

 
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 1 status, familial status, ancestry, disability, age, or HIV
 
 2 infection is void, except limitation, on the basis of religion,
 
 3 on the use of real property held by a religious institution or
 
 4 organization or by a religious or charitable organization
 
 5 operated, supervised, or controlled by a religious institution or
 
 6 organization, and used for religious or charitable purposes.
 
 7      (c)  It is a discriminatory practice to insert in a written
 
 8 instrument relating to real property a provision that is void
 
 9 under this section or to honor or attempt to honor such a
 
10 provision in the chain of title."
 
11      SECTION 8.  Section 515-7, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "515-7  Blockbusting.  It is a discriminatory practice for
 
14 a person, representative of a person, or a real estate broker or
 
15 salesperson, for the purpose of inducing a real estate
 
16 transaction from which the person, representative, or real estate
 
17 broker or salesperson may benefit financially, because of race,
 
18 sex, sexual orientation, color, religion, marital status,
 
19 familial status, ancestry, disability, age, or HIV infection:
 
20      (1)  To represent that a change has occurred or will or may
 
21           occur in the composition of the owners or occupants in
 
22           the block, neighborhood, or area in which the real
 
23           property is located[,]; or
 

 
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 1      (2)  To represent that this change will or may result in the
 
 2           lowering of property values, an increase in criminal or
 
 3           antisocial behavior, or a decline in the quality of
 
 4           schools in the block, neighborhood, or area in which
 
 5           the real property is located."
 
 6      SECTION 9.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 10.  This Act shall take effect upon its approval. 
 
 9 
 
10                           INTRODUCED BY:  _______________________
 

 
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