Makes it a civil rights violation to unlawfully discriminate against an individual preventing the individual from receiving state or county benefits for the sole reason that the individual cannot use English proficiently. Also prohibits county agencies or programs and activities receiving county financial assistance from discriminating against an individual because of the individual's disability. (HB2779 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds and declares that the development and maintenance of a free and effective democratic society depend on the right and ability of its citizens and residents to communicate with their government and the right and ability of the government to communicate with its citizens and residents.

The legislature further finds and declares that a substantial number of people who live, work, and pay taxes in this state are unable to communicate effectively with their government, because they do not speak or write English at all or because their English language skills are limited. The legislature further finds and declares that state and local agency employees are frequently unable to communicate with persons requiring their services because of this language barrier. As a consequence, a substantial number of people are presently being denied rights and benefits which they would otherwise receive.

The purpose of this Act is to provide for effective and timely communication between all levels of government in this state and the people of this state who may be precluded from benefiting from public services because of a language barrier.

SECTION 2. Section 368-1.5, Hawaii Revised Statutes, is amended to read as follows:

"§368-1.5 Programs and activities receiving state or county 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 or county agencies, or [under] by any program or activity receiving state or county financial assistance.

(b) No otherwise qualified individual in the State shall, solely by reason of the individual's inability to adequately understand others or communicate in spoken or written English, be excluded from participation in, denied the benefits of, or subjected to discrimination by any state or county agency, or by any program or activity receiving state or county financial assistance.

[(b)] (c) As used in this section[, the term "disability]:

"Disability" means the state of having a physical or mental impairment [which] that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.

[(c) As used in this section, "state financial assistance"] "State or county financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State or county 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[.] or the county. 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[.] or county."

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

SECTION 4. This Act shall take effect on January 1, 2096.