Title 20, Social Services

§363-4 Establishment of cemeteries on Hawaii, Kauai, Maui, Molokai, and Lanai. The department of land and natural resources shall set aside, or acquire by exchange, purchase, or condemnation, in the manner provided by law, land suitable for the establishing of veterans cemeteries…

§363-5 Councils' responsibility; burial of service members, veterans, and dependents; office of veterans' services approval. (a) The councils of the counties of Hawaii, Kauai, and Maui shall each provide for the establishment of the veterans cemetery or cemeteries to be located w…

§367-1 Findings and purpose. The legislature finds that the work of the state commission on the status of women, established by the governor by executive order on May 15, 1964, demonstrates the need for a continuing body to aid in the implementation of its recommendations, to dev…

§367-2 State commission on status of women: membership. (a) There is created a state commission on the status of women for a special purpose within the department of human services for administrative purposes. (b) The commission shall consist of thirteen members, which shall incl…

[§367-2.3] Compensation. The members shall serve without compensation but shall be reimbursed for their necessary expenses in attending meetings of the commission and in the discharge of their duties. [L 1991, c 46, §1]

§367-2.5 Executive director. The commission shall appoint an executive director for the proper administration and enforcement of this chapter without regard to chapter 76. [L 1984, c 74, §1; am L 1995, c 151, §4; am L 2000, c 253, §150]

§367-3 Powers and duties of 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 women; (2) Create public awareness and understanding of the responsibil…

§367-4 County committees on status of women, membership, organization, etc. The mayor of each county shall appoint a county committee on the status of women charged with the duty and responsibility of developing information as the state commission on the status of women requires …

[§367-5] Commission on the status of women trust fund. (a) There is established a commission on the status of women trust fund. All funds contributed to the trust fund, including income and capital gains earned therefrom, shall be used exclusively for commission programs as defin…

[§367D-1] Female prisoners; parity programs. Adult women convicted of crimes and juvenile females adjudicated for offenses that would be crimes if committed by an adult or who are adjudicated delinquents shall be provided a range and quality of programming substantially equivalen…

§367D-2 Model programs; department of corrections and rehabilitation. Subject to funding by the legislature, the director of corrections and rehabilitation shall foster a gender-responsive environment by providing model gender-responsive programs for female offenders that are res…

§367D-3 Contracts. To encourage cooperation and assist private agencies that have existing programs designed specifically for female offenders and to encourage private agencies to develop and implement new programs, the director of corrections and rehabilitation shall make contra…

§367D-4 Agency programs; proportionate costs. Where several private agencies combine to provide one or more of the programs under this chapter, the cost of each program shall be borne proportionately by the participating agencies on the basis of need or use as determined by rules…

§367D-5 Duties of the director of corrections and rehabilitation. The director of corrections and rehabilitation shall: (1) Review all plans for programs for female offenders; (2) Review contract applications or proposals for model programs for female offenders and award contract…

[§367D-6] Female adjudicated youth. The office of youth services shall collaborate with the departments of human services, health, labor and industrial relations, and education, as well as with representatives of the private sector, to develop a comprehensive continuum of care to…

[§367D-7] Model programs; office of youth services. Subject to funding by the legislature, the director of the office of youth services shall foster a gender-responsive environment by providing model gender-responsive programs for female adjudicated youth that are responsive to s…

§367D-8 Annual report. The department of corrections and rehabilitation and the office of youth services shall submit an annual report to the legislature no later than twenty days before the convening of each regular session on the following areas: program descriptions, type and …

PART I. GENERAL PROVISIONS §368-1 Purpose and intent. The legislature finds and declares that the practice of discrimination because of race, color, religion, age, sex, including gender identity or expression, sexual orientation, marital status, national origin, place of birth, a…

§368-1.5 Programs and activities receiving state financial assistance. (a) No otherwise qualified individual in the State shall, by reason of the individual's disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by state …

[PART II. REMEDIES] §368-11 Complaint against unlawful discrimination. (a) The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by part I of chapter 489, chapter 515, part I of chapter 378, and this chapter; provided that the commissio…

[§368-12] Notice of right to sue. The commission may issue a notice of right to sue upon written request of the complainant. Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The commission may intervene in …

§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 there…

§368-14 Commission hearings. (a) If, fifteen days after service of the final conciliation demand, the commission finds that conciliation will not resolve the complaint, the commission shall appoint a hearings examiner and schedule a contested case hearing that shall be held in ac…

§368-15 Compliance review. At any time in its discretion but not later than one year from the date of a conciliation agreement, predetermination settlement, or after the date of a commission's order to cease an unlawful practice and to take appropriate remedy, the commission shal…

[§368-16] Appeals; de novo review; procedure. (a) A complainant and a respondent shall have a right of appeal from a final order of the commission, including cease and desist orders and refusals to issue charges in the circuit court for the circuit in which the alleged violation …

§368-17 Remedies. (a) The remedies ordered by the commission or the court under this chapter may include compensatory and punitive damages and legal and equitable relief, including, but not limited to: (1) Hiring, reinstatement, or upgrading of employees with or without back pay;…

§368-2 Civil rights commission established. (a) There is established a civil rights commission composed of five members nominated and, by and with the advice and consent of the senate, appointed by the governor for staggered terms in accordance with section 26-34. The members app…

§368-3 Powers and functions of commission. The commission shall have the following powers and functions: (1) To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and c…

§368-4 Records; confidentiality; disclosure; reporting requirements. (a) All records of the investigation arising from a complaint filed with the commission shall be kept confidential and shall not be disclosed to anyone; provided that any factual matters provided to the commissi…

[§368-5] Penalties. Whoever intentionally resists, prevents, impedes, or interferes with the commission or any of its authorized agents or representatives in the performance of duties pursuant to this chapter, or who in any manner intentionally violates an order of the commission…

§368D-1 Covered educational programs and activities; discrimination prohibited. (a) No person in the State, on the basis of sex, including gender identity or expression as defined in section 489-2, or sexual orientation as defined in section 489-2, shall be excluded from particip…

[§368D-2] Purpose; scope; construction. (a) The purpose of this chapter is to provide a framework for the state law corollary to Title IX that is established by section 368D-1. (b) Nothing in this chapter shall be construed to prohibit: (1) The membership practices of social frat…

[§368D-3] Definitions. As used in this chapter: "Covered educational program or activity" means: (1) The University of Hawaii, the department of education, or public charter schools; or (2) Any educational program or activity that receives state financial assistance, in any amoun…

[§368D-4] Annual report to legislature. No later than September 1 of each year, the University of Hawaii, department of education, and state public charter school commission shall submit to the legislature a report that includes information pertaining to the immediately preceding…

[§368F-1] Definitions. As used in this chapter, unless the context clearly requires otherwise: "Housing assistance program" means a section 8 housing choice voucher program or any permanent supportive housing program. "Rental transaction" means any part of the process for the ren…

[§368F-2] Discriminatory practices in a rental transaction based on source of income. It shall be a discriminatory practice for a landlord to: (1) Indicate in any manner used to advertise the availability of a rental property that the landlord will not rent a property to a person…

[§368F-3] Exemptions. Section 368F-2 shall not apply to: (1) Landlords who are determining in a commercially reasonable manner the ability of a potential tenant to pay rent by: (A) Verifying the source and amount of income of the potential tenant; or (B) Evaluating the stability,…

[§368F-4] Remedies. (a) A landlord that violates any provisions of this chapter may be subject to a civil penalty in an amount not to exceed $2,000 if determined by the court to have violated this chapter for the first time within one year of the occurrence of the alleged violati…

[§368H-1] Discriminatory reporting; law enforcement officer; civil remedy. (a) Any person who knowingly causes a law enforcement officer to come to a location to contact a person on the basis of the person's actual or perceived race, color, ancestry, ethnicity, national origin, p…

[§368H-2] Guidance. The department of law enforcement, in consultation with the Hawaii civil rights commission, shall provide guidance to the public on the civil liability and remedies available for discriminatory reporting to a law enforcement officer pursuant to this chapter. […

[§369-1] 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 …

[§369-2] Definitions. For purposes of this chapter: "Commission" means the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission. "Lesbian, gay, bisexual, transgender, queer, plus" includes any individual who identifies as a member of the lesbian, gay, bisexual…

[§369-3] Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission; membership. (a) There is established the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission within the department of human services for administrative purposes. (b) The commis…

[§369-4] 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. [L 2022, c 41, pt of §1]

[§369-5] 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…