STAND. COM. REP. NO. 3178

Honolulu, Hawaii

RE: H.B. No. 1233

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1233, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CIVIL RIGHTS,"

begs leave to report as follows:

The purpose of this measure is to prohibit discrimination in public accommodations on the basis of sexual orientation.

Your Committee received testimony in support of the measure from the Hawaii Civil Rights Commission, the Hawaii Tourism Authority, the American Civil Liberties Union of Hawaii, The Center, the GLEA Foundation, the Honolulu Hawai`i NAACP, the Community Alliance on Prisons, the Hawaii State Teachers Association, the Japanese American Citizens League of Hawaii, PFLAG Oahu, Roberts Hawaii, the Gay Lesbian Bisexual and Transgendered Caucus of the Democratic Party, and twenty individuals. Nineteen individuals submitted testimony in opposition to this measure.

Your Committee finds that this measure is designed to clarify existing law with respect to sex discrimination. The current law prohibits sex discrimination in employment and housing on sexual orientation and this measure will clarify that this prohibition also applies to public accommodations.

Your Committee has amended this measure to:

(1) Insert a purpose section to clarify that this bill would make state civil rights laws uniform by prohibiting discriminatory practices in public accommodations on the basis of sexual orientation and to further clarify that discrimination based on gender identity or expression is prohibited sex discrimination;

(2) Add a definition for gender identity or expression; and

(3) Provide that discriminatory practices in public accommodations on the basis of gender identity or expression is prohibited sex discrimination.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1233, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1233, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair