HOUSE OF REPRESENTATIVES	H.B. NO.	1116
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO RETALIATION IN STATE AND STATE-FUNDED SERVICES DISCRIMINATION.

 

 

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

 

     SECTION 1.  Section 368-1.5, Hawaii Revised Statutes, is

amended to read as follows:

     "§368-1.5  Programs and activities receiving state financial assistance.  (a)  No otherwise qualified individual in the State shall, solely by reason of [his or her] the individual's disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by state agencies, or under any program or activity receiving state financial assistance.

     (b)  No person, state agency, or program or activity receiving state financial assistance shall retaliate by threatening or otherwise discriminating against an individual because of the exercise of any right granted or protected under this section, or because the individual has opposed any practice made unlawful by this section, or because the individual has made a complaint, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section.

     [(b)] (c)  As used in this section, the term "disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.

     [(c)] (d)  As used in this section, "state financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State.  It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Hawaii Civil Rights Commission; Disability Discrimination in Programs and Activities Receiving State Financial Assistance

 

Description:

Prohibits retaliation against people who assert a disabled person's rights under section 368-1.5, Hawaii Revised Statutes, in state and state-funded services.  (HB1116 HD1)

 

 

 

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