HOUSE OF REPRESENTATIVES

H.B. NO.

483

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CIVIL RIGHTS.

 

 

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

 


     SECTION 1.  The legislature finds that Title IX of the Education Amendments of 1972 (Title IX), renamed the Patsy Mink Equal Opportunity in Education Act in 2002, triggered a seismic shift in the education landscape by prohibiting discrimination on the basis of sex by any educational program or activity receiving federal funds.  The legislature also finds that Hawaii is rightfully proud of Patsy Mink's signature legislation, which has given millions of girls and women educational opportunities that were undreamed of before enactment of Title IX, in the classroom and on playing fields; in research, teaching, and graduate schools; and in employment, medicine, law, and other professions.

     However, the legislature also recognizes that Patsy Mink's celebrated legacy has not been fully realized, and that the efficacy of Title IX federal protections against sex discrimination in education has been diminished and eroded.  For these reasons, in 2018 the legislature passed a corollary to Title IX in state law.  Act 110, Session Laws of Hawaii 2018, prohibits discrimination on the basis of sex, including sexual orientation, gender identity, or gender expression, in any state educational program or activity, or in any educational program or activity that receives state financial assistance, without regard to whether the educational program or activity also receives federal funds.

     The law also directs the legislative reference bureau to conduct a study of existing federal Title IX procedures and enforcement in addition to examining Title IX corollaries in other jurisdictions.  The legislative reference bureau was to submit its report, including any proposed legislation, in advance of the convening of the regular session of 2019.  However, the study is still in progress.

     Accordingly, the purpose of this Act is to extend the deadline for the legislative reference bureau to complete the study and as a means for implementing the recommendations in the study.

     SECTION 2.  Act 110, Session Laws of Hawaii 2018, is amended by amending section 3 to read as follows:

     "SECTION 3.  The legislative reference bureau shall conduct a study of existing Title IX enforcement practices and procedures on the federal level and in other jurisdictions, including the following:

     (1)  A detailed review of enforcement entities responsible for overseeing the investigation and adjudication of complaints under Title IX and related state laws prohibiting discrimination on the basis of sex;

     (2)  An examination of issues related to service and standing for bringing applicable complaints;

     (3)  A review of the various remedies for violations that may be available to an aggrieved party, including alternative dispute resolution, injunctive relief, and civil damages; and

     (4)  An examination of any potential inconsistencies between multiple state and federal compliance mandates and regulatory schemes.

     No later than [twenty days prior to the convening of the regular session of 2019,]       , the legislative reference bureau shall submit a report to the legislature with findings and recommendations on the foregoing issues, including proposed legislation concerning an appropriate enforcement mechanism for chapter    , Hawaii Revised Statutes."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2022.



 

Report Title:

Civil Rights; LRB; Education; Discrimination; Title IX; Study

 

Description:

Extends the deadline for the Legislative Reference Bureau to complete the study to the Legislature on existing federal Title IX enforcement practices and procedures on the federal level and in other jurisdictions.  (HB483 HD1)

 

 

 

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