Report Title:

Civil Rights Commission; Petitions; Declaratory Relief; Executive Director

 

Description:

Authorizes the civil rights commission to decide petitions for declaratory relief filed by executive director involving legal issues arising from the investigation of complaints involving discrimination.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1743

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO DECLARATORY RELIEF.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to give the executive director of the Hawaii civil rights commission the power to petition the commissioners for a declaratory ruling on any significant legal issue that may arise during the investigation of a discrimination complaint.  It is designed to address the Hawaii Supreme Court decision in RGIS Inventory Specialist v. Hawaii Civil Rights Commission, 104 Hawai'i 158 (2004), which held that the executive director did not have standing to petition for declaratory relief by virtue of being the executive director.

     Under chapter 368, Hawaii Revised Statutes, the civil rights commission has investigatory and adjudicatory powers.  The executive director is responsible for investigating discrimination complaints; and the five commissioners are responsible for adjudicating contested cases and declaratory relief petitions.  Because of the separation of powers, the commissioners are not involved in any investigations so that they can objectively decide petitions for declaratory relief filed by the executive director on legal issues arising during an investigation.  Allowing the executive director to petition for declaratory relief can help speed up the investigation of discrimination complaints.

     SECTION 2.  Section 368-3, Hawaii Revised Statutes, is amended to read as follows:

     "§368-3  Powers and functions of commission.  The commission shall have the following powers and functions:

     (1)  To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and complaints filed under this chapter, and conduct proceedings on complaints alleging unlawful practices where conciliatory efforts are inappropriate or unsuccessful;

     (2)  To hold hearings and make inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of these hearings and inquiries, to administer oaths and affirmations, conduct depositions, compel the attendance of parties and witnesses and the production of documents by the issuance of subpoenas, examine parties and witnesses under oath, require answers to interrogatories, and delegate these powers to any member of the commission or any person appointed by the commission for the performance of its functions;

     (3)  To commence civil action in circuit court to seek appropriate relief, including the enforcement of any commission order, conciliation agreement, or predetermination settlement;

     (4)  To issue the right to sue to a complainant;

     (5)  To order appropriate legal and equitable relief or affirmative action when a violation is found;

     (6)  To issue publications and results of investigations and research that, in its judgment, will tend to promote goodwill and minimize or eliminate discrimination in employment, housing, and public accommodations;

     (7)  To submit annually to the governor and the legislature a written report of its activities and recommendations for administrative or statutory changes required to further the purposes of this chapter;

     (8)  To appoint an executive director, deputy executive director, attorneys, and hearings examiners who shall be exempt from chapter 76, and investigators and other necessary support personnel who shall be subject to chapter 76.  Section 28-8.3 notwithstanding, an attorney employed by the commission as a full-time staff member may represent the commission in litigation, draft legal documents for the commission, provide other necessary legal services to the commission, and shall not be deemed to be a deputy attorney general; [and]

     (9)  To adopt rules under chapter 91[.]; and

    (10)  To decide petitions for declaratory relief filed by the executive director involving legal issues arising from the investigation of complaints involving discrimination."

     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.

 

INTRODUCED BY:

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