THE SENATE

S.B. NO.

2805

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

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.

 

INTRODUCED BY:

_____________________________

 

 

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.

 

 

 

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