HOUSE OF REPRESENTATIVES

H.B. NO.

2037

THIRTIETH LEGISLATURE, 2020

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII STATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, PLUS COMMISSION.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 20 to be appropriately designated and to read as follows:

"Chapter

Hawaii state Lesbian, gay, bisexual, transgender, queer, plus Commission

     §   -1  Findings and purpose.  The legislature finds that there is a need to establish a body to improve the State's interface with members of the lesbian, gay, bisexual, transgender, queer, plus community, identify the short- and long-range needs of its members, and ensure that there is an effective means of researching, planning, and advocating for the equity of this population in all aspects of state government.  The legislature further finds that establishing a program to enable a better understanding of the risks and challenges, including suicide, bullying, and ostracization, that the lesbian, gay, bisexual, transgender, queer, plus community face will support better prevention and intervention strategies to help this population.  Accordingly, it is the purpose of this chapter to provide for a statewide program, on a permanent and continuing basis, on the status of lesbian, gay, bisexual, transgender, queer, plus people in Hawaii.

     §   -2  Definitions.  For purposes of this chapter:

     "Commission" means the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission.

     "County committee" means each committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs as appointed by the mayor of each respective county in accordance with this chapter.

     "Lesbian, gay, bisexual, transgender, queer, plus" includes any individual who identifies as a member of the lesbian, gay, bisexual, transgender, or queer community, or any individual who identifies as a member of a sexual or gender minority, including intersex, asexual, or pansexual individuals.

     §   -3  Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission; membership.  (a)  There is established the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission for a special purpose within the department of human services for administrative purposes.

     (b)  The commission shall consist of the following:

     (1)  Ex officio, nonvoting members or their designees, including the:

          (A)  Superintendent of education;

          (B)  President of the University of Hawaii system;

          (C)  Director of labor and industrial relations;

          (D)  Director of human resources development;

          (E)  Director of human services; and

          (F)  Director of health;

     (2)  Seven voting members who shall be appointed by the governor in accordance with section 26-34; provided that of these seven members:

          (A)  One member shall be from the county of Hawaii;

          (B)  One member shall be from the county of Kauai;

          (C)  One member shall be from the county of Maui; and

          (D)  Four members shall be from the city and county of Honolulu.

     (c)  The governor shall appoint members of the commission on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the status of the lesbian, gay, bisexual, transgender, queer, plus community.

     (d)  A chairperson of the commission shall be elected annually from the seven appointed members of the commission.  A quorum to do business or to validate any act of the commission shall consist of a majority of the seven appointed members of the commission.

     §   -4  Compensation.  The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     §   -5  Executive director.  The commission shall appoint an executive director for the proper administration and enforcement of this chapter.  The executive director shall be appointed without regard to chapter 76.

     §   -6  Powers and duties of the commission.  The commission shall:

     (1)  Act as a central clearinghouse and coordinating body for governmental and nongovernmental activities and information relating to the status of the lesbian, gay, bisexual, transgender, queer, plus community in the State;

     (2)  Create public awareness and understanding of the responsibilities, needs, potentials, and contributions of the lesbian, gay, bisexual, transgender, queer, plus community and their roles in the changing society;

     (3)  Recommend legislative and administrative action on equal treatment and opportunities for members of the lesbian, gay, bisexual, transgender, queer, plus community;

     (4)  Promote the diversity of cultural expressions of persons of all sexual orientations, gender identities, gender expressions, and sex characteristics and ensure the recognition of culturally-based sexual and gender identities specific to Hawaii, such as mahu and aikane;

     (5)  Encourage a long-range program of education of members of the lesbian, gay, bisexual, transgender, queer, plus community about their political rights and responsibilities, particularly with respect to their voting duties;

     (6)  Maintain contacts with appropriate federal, state, local, and international agencies concerned with the status of the lesbian, gay, bisexual, transgender, queer, plus community;

     (7)  Cooperate and collaborate with national groups on the status of the lesbian, gay, bisexual, transgender, queer, plus community and arrange for participation by representatives of the State in White House conferences and other national conferences;

     (8)  Administer funds allocated for the commission's work, including accepting, disbursing, and allocating funds that may become available from other governmental and private sources; provided that all funds shall be disbursed or allocated in compliance with any specific designation stated by the donor; provided further that in the absence of any specific designation, the funds shall be disbursed or allocated to projects related to any of the purposes of this chapter; and

     (9)  Submit to the governor and legislature an annual report with recommendations.

     §   -7  County committees on lesbian, gay, bisexual, transgender, queer, plus affairs; membership; organization.  (a)  The mayor of each county may appoint a county committee.  Each county committee may be charged with:

     (1)  The duty and responsibility of developing information as the commission requires or as the county committee deems advisable concerning the status of the members of the lesbian, gay, bisexual, transgender, queer, plus community within the respective counties; and

     (2)  Any other appropriate duties and responsibilities as may be deemed necessary by the respective counties.

     (b)  The county committees may submit to the commission plans and proposals affecting the status of members of the lesbian, gay, bisexual, transgender, queer, plus community in the respective counties.

     (c)  Each county committee may endeavor to secure the widest possible citizen participation in its efforts and, for this purpose, use existing public or private organizations.  Each county committee may include the county attorney or corporation counsel and the county representative of the commission as ex officio members.  The other members may be selected on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the lesbian, gay, bisexual, transgender, queer, plus community within the respective county and their knowledge of local conditions.  The chairperson of each county committee may be elected annually from the nongovernmental members of the committee.  The terms of office of each member may be four years.  Each county committee may meet at least four times a year.  The members of the county committees may not receive compensation for their services.  The respective county legislative bodies are authorized to make appropriations to meet the necessary expenses of their respective committees."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2020-2021 for the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission and to carry out the purposes of this Act.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 3.  This Act shall take effect on December 31, 2059.



 

Report Title:

Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission; Appropriation

 

Description:

Establishes the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission.  Appropriates funds.  Effective 12/31/2059.  (SD1)

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.