Bill Text: HI SB362 | 2015 | Regular Session | Introduced
Bill Title: Hawaii Civil Rights Commission; Investigation and Conciliation of Complaint
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-26 - Referred to JDL. [SB362 Detail]
Download: Hawaii-2015-SB362-Introduced.html
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THE SENATE |
S.B. NO. |
362 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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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 by amending subsection (e) to read as follows:
"(e) Where 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], in the executive director's discretion, may:
(1) Demand that the respondent cease
the unlawful discriminatory practice[.]; or
(2) Dismiss the complaint and issue a notice of right to sue 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 on its 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 that a complaint is to be dismissed and a notice of right to sue issued shall not be subject to reconsideration by the commission or judicial review."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hawaii Civil Rights Commission; Investigation and Conciliation of Complaint
Description:
Provides for the executive director of the Hawaii civil rights commission to exercise discretion in cases after a determination is made and conciliation fails to either issue a final demand or dismiss the complaint and issue a notice of the right to sue.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
