CONFERENCE COMMITTEE REP. NO. 61

 

Honolulu, Hawaii

                 , 2009

 

RE:    S.B. No. 1183

       S.D. 2

       H.D. 2

       C.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1183, S.D. 2, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO DISCRIMINATORY PRACTICES,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to statutorily authorize and require the Hawaii Civil Rights Commission to define in administrative rules certain definitions for purposes of discriminatory employment practices.

 

     Specifically, this measure requires the Hawaii Civil Rights Commission to define:

 

     (1)  "Major life activities";

 

     (2)  "Being regarded as having such an impairment";

 

     (3)  "Disability";

 

     (4)  "Substantially limits"; and

 

     (5)  Other operative terms,

 

to conform state law protections against disability discrimination in employment to the American with Disabilities Act Amendments Act of 2008, Pub. L. 110-325.

 

     Your Committee upon further consideration has made the following amendments to this measure:

 

     (1)  Placing the provisions that require the Hawaii Civil Rights Commission to adopt rules to define the foregoing terms in Session Laws rather than codifying these provisions in the Hawaii Revised Statutes;

 

     (2)  Including a requirement that the Hawaii Civil Rights Commission complete the rulemaking process no later than December 31, 2010; and

 

     (3)  Changing the effective date to upon approval.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1183, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1183, S.D. 2, H.D. 2, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

KARL RHOADS, Co-Chair

 

____________________________

SUZANNE CHUN OAKLAND, Chair

____________________________

JOHN M. MIZUNO, Co-Chair

 

____________________________

DWIGHT Y. TAKAMINE, Co-Chair

____________________________

KEN ITO, Co-Chair

 

____________________________

BRIAN T. TANIGUCHI, Co-Chair