| 1 | 1 | | HOUSE OF REPRESENTATIVES H.B. NO. 1678 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE HAWAII STATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, PLUS COMMISSION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | HOUSE OF REPRESENTATIVES H.B. NO. 1678 |
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| 4 | 4 | | THIRTY-FIRST LEGISLATURE, 2022 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | HOUSE OF REPRESENTATIVES |
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| 9 | 9 | | H.B. NO. |
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| 11 | 11 | | 1678 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-FIRST LEGISLATURE, 2022 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | RELATING TO THE HAWAII STATE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, PLUS COMMISSION. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 20 to be appropriately designated and to read as follows: "Chapter Hawaii state Lesbian, gay, bisexual, transgender, queer, plus Commission § -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 there is an effective means of researching, planning, and advocating for the equity of this population in all aspects of state government. Accordingly, the purpose of this chapter is to provide for a statewide program, on a permanent and continuing basis, on the status of lesbian, gay, bisexual, transgender, queer, plus people in Hawaii. § -2 Definitions. For purposes of this chapter: "Commission" means the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission. "County committee" means each committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs as appointed by the mayor of each respective county in accordance with this chapter. "Lesbian, gay, bisexual, transgender, queer, plus" includes any individual who identifies as a member of the lesbian, gay, bisexual, transgender, or queer community, or any individual who identifies as a member of a sexual or gender minority, including intersex, asexual, or pansexual individuals. "Trust fund" means the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. § -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 for a special purpose within the department of human services for administrative purposes. (b) The commission shall consist of the following: (1) Ex officio, nonvoting members or their designees, including the: (A) Superintendent of education; (B) President of the University of Hawaii system; (C) Director of labor and industrial relations; (D) Director of human resources development; (E) Director of human services; and (F) Director of health; and (2) Seven voting members who shall be appointed by the governor in accordance with section 26-34; provided that of these seven members: (A) One member shall be from the county of Hawaii; (B) One member shall be from the county of Kauai; (C) One member shall be from the county of Maui; and (D) Four members shall be from the city and county of Honolulu. (c) The governor shall appoint members of the commission on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the status of the lesbian, gay, bisexual, transgender, queer, plus community. (d) A chairperson of the commission shall be elected annually from the seven appointed members of the commission. A quorum to do business or validate any act of the commission shall consist of a majority of the seven appointed members of the commission. § -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. § -5 Executive director. The commission shall appoint an executive director for the proper administration and enforcement of this chapter. The executive director shall be appointed without regard to chapter 76. § -6 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 the State; (2) Create public awareness and understanding of the responsibilities, needs, potentials, and contributions of the lesbian, gay, bisexual, transgender, queer, plus community and their roles in the changing society; (3) Recommend legislative and administrative action on equal treatment and opportunities for members of the lesbian, gay, bisexual, transgender, queer, plus community; (4) Encourage a long-range program of education of members of the lesbian, gay, bisexual, transgender, queer, plus community in their political rights and responsibilities, particularly with respect to their voting duties; (5) Maintain contacts with appropriate federal, state, local, and international agencies concerned with the status of the lesbian, gay, bisexual, transgender, queer, plus community; (6) Cooperate and collaborate with national groups on the status of the lesbian, gay, bisexual, transgender, queer, plus community and arrange for participation by representatives of the State in White House conferences and other national conferences; (7) Administer funds allocated for the commission's work, including accepting, disbursing, and allocating funds that may become available from other governmental and private sources; provided that all funds shall be disbursed or allocated in compliance with any specific designation stated by the donor; provided further that in the absence of any specific designation, the funds shall be disbursed or allocated to projects related to any of the purposes of this chapter; and (8) Submit to the governor and legislature an annual report with recommendations. § -7 County committees on lesbian, gay, bisexual, transgender, queer, plus affairs; membership; organization. (a) The mayor of each county shall appoint a county committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs. Each county committee shall be charged with: (1) The duty and responsibility of developing information as the commission requires or as the county committee deems advisable concerning the status of the members of the lesbian, gay, bisexual, transgender, queer, plus community within the respective counties; and (2) Any other appropriate duties and responsibilities as may be deemed necessary by the respective counties. (b) The county committees shall submit to the commission plans and proposals affecting the status of members of the lesbian, gay, bisexual, transgender, queer, plus community in the respective counties. (c) Each county committee shall endeavor to secure the widest possible citizen participation in its efforts and may use existing public or private organizations for this purpose. The membership of each county committee shall include, ex officio, the county attorney or corporation counsel and the county representative of the commission. The other members shall be selected on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the lesbian, gay, bisexual, transgender, queer, plus community within the respective county and their knowledge of local conditions. The chairperson shall be elected annually from the nongovernmental members of the county committee. The terms of office of each member shall be four years. Each county committee shall meet at least four times a year. The members of the county committees shall not receive compensation for their services. The county legislative bodies shall be authorized to make appropriations to meet the necessary expenses of their respective committees. § -8 Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. (a) There is established a Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. All funds contributed to the trust fund, including income and capital gains earned by the trust fund, shall be used exclusively for commission programs as defined in the articles, bylaws, resolutions, and other instruments executed on behalf of the commission or any nonprofit organization established by the commission. The trust fund may receive any and all types of private contributions, and the income and capital gains earned by the trust fund; provided that funds or properties donated for the commission's use shall be deposited and accounted for in accordance with policies and procedures adopted by the comptroller. The trust fund shall be subject to the following restrictions: (1) All funds, and the income and capital gains earned by investment of those funds, shall be expended only for the support of the commission or any nonprofit organization established by the commission; and (2) Other restrictions imposed by the legislature with respect to the transfer or appropriation of funds. (b) Any funds deposited in the trust fund, and any income and capital gains earned by the trust fund, not used for the commission or any nonprofit organization established by the commission, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the commission or any nonprofit organization established by the commission, and in a manner intended to maximize the rate of return on investment of the trust fund. (c) If the trust fund is terminated or the commission or any nonprofit organization established by the commission is dissolved, all funds, including the income and capital gains earned by the investment of funds, shall be distributed in accordance with the articles and bylaws of the commission or any nonprofit organization established by the commission. (d) The commission shall require an annual audit of the trust fund, the results of which shall be submitted to the department of budget and finance not more than thirty days after receipt by the commission. The commission shall retain for a period of three years any documents, papers, books, records, and other evidence that are pertinent to the trust fund, and permit inspection or access thereto by the department of budget and finance, department of accounting and general services, state legislators, and the auditor, or their duly authorized representatives. (e) The trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the trust fund nor be liable for its operation or solvency. The trust fund shall be a private charitable trust fund administered by a private trust company as trustee. (f) Subsections (a) to (e) shall take effect upon the creation of a Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission foundation as a tax-exempt, nonprofit foundation that is subject to the terms and conditions provided in this section." SECTION 2. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 20 to be appropriately designated and to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "Chapter |
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| 52 | 52 | | |
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| 53 | 53 | | Hawaii state Lesbian, gay, bisexual, transgender, queer, plus Commission |
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| 54 | 54 | | |
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| 55 | 55 | | § -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 there is an effective means of researching, planning, and advocating for the equity of this population in all aspects of state government. Accordingly, the purpose of this chapter is to provide for a statewide program, on a permanent and continuing basis, on the status of lesbian, gay, bisexual, transgender, queer, plus people in Hawaii. |
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| 56 | 56 | | |
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| 57 | 57 | | § -2 Definitions. For purposes of this chapter: |
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| 58 | 58 | | |
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| 59 | 59 | | "Commission" means the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission. |
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| 60 | 60 | | |
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| 61 | 61 | | "County committee" means each committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs as appointed by the mayor of each respective county in accordance with this chapter. |
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| 62 | 62 | | |
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| 63 | 63 | | "Lesbian, gay, bisexual, transgender, queer, plus" includes any individual who identifies as a member of the lesbian, gay, bisexual, transgender, or queer community, or any individual who identifies as a member of a sexual or gender minority, including intersex, asexual, or pansexual individuals. |
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| 64 | 64 | | |
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| 65 | 65 | | "Trust fund" means the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. |
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| 67 | 67 | | § -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 for a special purpose within the department of human services for administrative purposes. |
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| 68 | 68 | | |
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| 69 | 69 | | (b) The commission shall consist of the following: |
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| 71 | 71 | | (1) Ex officio, nonvoting members or their designees, including the: |
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| 73 | 73 | | (A) Superintendent of education; |
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| 74 | 74 | | |
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| 75 | 75 | | (B) President of the University of Hawaii system; |
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| 76 | 76 | | |
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| 77 | 77 | | (C) Director of labor and industrial relations; |
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| 79 | 79 | | (D) Director of human resources development; |
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| 80 | 80 | | |
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| 81 | 81 | | (E) Director of human services; and |
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| 83 | 83 | | (F) Director of health; and |
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| 84 | 84 | | |
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| 85 | 85 | | (2) Seven voting members who shall be appointed by the governor in accordance with section 26-34; provided that of these seven members: |
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| 86 | 86 | | |
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| 87 | 87 | | (A) One member shall be from the county of Hawaii; |
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| 88 | 88 | | |
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| 89 | 89 | | (B) One member shall be from the county of Kauai; |
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| 90 | 90 | | |
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| 91 | 91 | | (C) One member shall be from the county of Maui; and |
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| 92 | 92 | | |
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| 93 | 93 | | (D) Four members shall be from the city and county of Honolulu. |
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| 94 | 94 | | |
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| 95 | 95 | | (c) The governor shall appoint members of the commission on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the status of the lesbian, gay, bisexual, transgender, queer, plus community. |
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| 96 | 96 | | |
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| 97 | 97 | | (d) A chairperson of the commission shall be elected annually from the seven appointed members of the commission. A quorum to do business or validate any act of the commission shall consist of a majority of the seven appointed members of the commission. |
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| 98 | 98 | | |
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| 99 | 99 | | § -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. |
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| 100 | 100 | | |
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| 101 | 101 | | § -5 Executive director. The commission shall appoint an executive director for the proper administration and enforcement of this chapter. The executive director shall be appointed without regard to chapter 76. |
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| 102 | 102 | | |
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| 103 | 103 | | § -6 Powers and duties of the commission. The commission shall: |
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| 104 | 104 | | |
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| 105 | 105 | | (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 the State; |
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| 106 | 106 | | |
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| 107 | 107 | | (2) Create public awareness and understanding of the responsibilities, needs, potentials, and contributions of the lesbian, gay, bisexual, transgender, queer, plus community and their roles in the changing society; |
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| 108 | 108 | | |
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| 109 | 109 | | (3) Recommend legislative and administrative action on equal treatment and opportunities for members of the lesbian, gay, bisexual, transgender, queer, plus community; |
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| 110 | 110 | | |
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| 111 | 111 | | (4) Encourage a long-range program of education of members of the lesbian, gay, bisexual, transgender, queer, plus community in their political rights and responsibilities, particularly with respect to their voting duties; |
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| 112 | 112 | | |
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| 113 | 113 | | (5) Maintain contacts with appropriate federal, state, local, and international agencies concerned with the status of the lesbian, gay, bisexual, transgender, queer, plus community; |
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| 114 | 114 | | |
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| 115 | 115 | | (6) Cooperate and collaborate with national groups on the status of the lesbian, gay, bisexual, transgender, queer, plus community and arrange for participation by representatives of the State in White House conferences and other national conferences; |
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| 116 | 116 | | |
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| 117 | 117 | | (7) Administer funds allocated for the commission's work, including accepting, disbursing, and allocating funds that may become available from other governmental and private sources; provided that all funds shall be disbursed or allocated in compliance with any specific designation stated by the donor; provided further that in the absence of any specific designation, the funds shall be disbursed or allocated to projects related to any of the purposes of this chapter; and |
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| 118 | 118 | | |
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| 119 | 119 | | (8) Submit to the governor and legislature an annual report with recommendations. |
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| 120 | 120 | | |
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| 121 | 121 | | § -7 County committees on lesbian, gay, bisexual, transgender, queer, plus affairs; membership; organization. (a) The mayor of each county shall appoint a county committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs. Each county committee shall be charged with: |
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| 122 | 122 | | |
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| 123 | 123 | | (1) The duty and responsibility of developing information as the commission requires or as the county committee deems advisable concerning the status of the members of the lesbian, gay, bisexual, transgender, queer, plus community within the respective counties; and |
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| 124 | 124 | | |
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| 125 | 125 | | (2) Any other appropriate duties and responsibilities as may be deemed necessary by the respective counties. |
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| 126 | 126 | | |
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| 127 | 127 | | (b) The county committees shall submit to the commission plans and proposals affecting the status of members of the lesbian, gay, bisexual, transgender, queer, plus community in the respective counties. |
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| 128 | 128 | | |
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| 129 | 129 | | (c) Each county committee shall endeavor to secure the widest possible citizen participation in its efforts and may use existing public or private organizations for this purpose. The membership of each county committee shall include, ex officio, the county attorney or corporation counsel and the county representative of the commission. The other members shall be selected on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the lesbian, gay, bisexual, transgender, queer, plus community within the respective county and their knowledge of local conditions. The chairperson shall be elected annually from the nongovernmental members of the county committee. The terms of office of each member shall be four years. Each county committee shall meet at least four times a year. The members of the county committees shall not receive compensation for their services. The county legislative bodies shall be authorized to make appropriations to meet the necessary expenses of their respective committees. |
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| 130 | 130 | | |
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| 131 | 131 | | § -8 Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. (a) There is established a Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. All funds contributed to the trust fund, including income and capital gains earned by the trust fund, shall be used exclusively for commission programs as defined in the articles, bylaws, resolutions, and other instruments executed on behalf of the commission or any nonprofit organization established by the commission. The trust fund may receive any and all types of private contributions, and the income and capital gains earned by the trust fund; provided that funds or properties donated for the commission's use shall be deposited and accounted for in accordance with policies and procedures adopted by the comptroller. The trust fund shall be subject to the following restrictions: |
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| 132 | 132 | | |
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| 133 | 133 | | (1) All funds, and the income and capital gains earned by investment of those funds, shall be expended only for the support of the commission or any nonprofit organization established by the commission; and |
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| 134 | 134 | | |
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| 135 | 135 | | (2) Other restrictions imposed by the legislature with respect to the transfer or appropriation of funds. |
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| 136 | 136 | | |
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| 137 | 137 | | (b) Any funds deposited in the trust fund, and any income and capital gains earned by the trust fund, not used for the commission or any nonprofit organization established by the commission, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the commission or any nonprofit organization established by the commission, and in a manner intended to maximize the rate of return on investment of the trust fund. |
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| 138 | 138 | | |
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| 139 | 139 | | (c) If the trust fund is terminated or the commission or any nonprofit organization established by the commission is dissolved, all funds, including the income and capital gains earned by the investment of funds, shall be distributed in accordance with the articles and bylaws of the commission or any nonprofit organization established by the commission. |
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| 140 | 140 | | |
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| 141 | 141 | | (d) The commission shall require an annual audit of the trust fund, the results of which shall be submitted to the department of budget and finance not more than thirty days after receipt by the commission. The commission shall retain for a period of three years any documents, papers, books, records, and other evidence that are pertinent to the trust fund, and permit inspection or access thereto by the department of budget and finance, department of accounting and general services, state legislators, and the auditor, or their duly authorized representatives. |
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| 142 | 142 | | |
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| 143 | 143 | | (e) The trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the trust fund nor be liable for its operation or solvency. The trust fund shall be a private charitable trust fund administered by a private trust company as trustee. |
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| 144 | 144 | | |
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| 145 | 145 | | (f) Subsections (a) to (e) shall take effect upon the creation of a Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission foundation as a tax-exempt, nonprofit foundation that is subject to the terms and conditions provided in this section." |
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| 146 | 146 | | |
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| 147 | 147 | | SECTION 2. This Act shall take effect upon its approval. |
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| 148 | 148 | | |
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| 149 | 149 | | |
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| 150 | 150 | | |
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| 151 | 151 | | INTRODUCED BY: _____________________________ |
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| 152 | 152 | | |
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| 153 | 153 | | INTRODUCED BY: |
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| 154 | 154 | | |
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| 155 | 155 | | _____________________________ |
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| 156 | 156 | | |
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| 157 | 157 | | |
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| 160 | 160 | | |
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| 161 | 161 | | Report Title: Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus (LGBTQ+) Commission; Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission Trust Fund; County Committees Description: Establishes the Hawaii state lesbian, gay, bisexual, transgender, queer, plus (LGBTQ+) commission and the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. Requires each county mayor to appoint a county committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 166 | 166 | | |
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| 167 | 167 | | Report Title: |
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| 168 | 168 | | |
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| 169 | 169 | | Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus (LGBTQ+) Commission; Hawaii State Lesbian, Gay, Bisexual, Transgender, Queer, Plus Commission Trust Fund; County Committees |
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| 170 | 170 | | |
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| 171 | 171 | | |
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| 172 | 172 | | |
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| 173 | 173 | | Description: |
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| 174 | 174 | | |
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| 175 | 175 | | Establishes the Hawaii state lesbian, gay, bisexual, transgender, queer, plus (LGBTQ+) commission and the Hawaii state lesbian, gay, bisexual, transgender, queer, plus commission trust fund. Requires each county mayor to appoint a county committee on the status of lesbian, gay, bisexual, transgender, queer, plus affairs. |
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| 179 | 179 | | |
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| 180 | 180 | | |
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| 181 | 181 | | |
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| 182 | 182 | | |
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| 183 | 183 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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