CONFERENCE COMMITTEE REP. NO. 91

 

Honolulu, Hawaii

                 , 2021

 

RE:    S.B. No. 538

       H.D. 1

       C.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 538, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION,"

 

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:

 

     (1)  Clarify the meaning of "program or activity receiving state financial assistance"; and

 

     (2)  Exclude cases within the scope of the Individuals with Disabilities Education Act from the jurisdiction of the Hawaii Civil Rights Commission.

 

     Your Committee on Conference finds that when Act 387, Session Laws of Hawaii 1989, was enacted and codified as section 368-1.5, Hawaii Revised Statutes, it was meant to be the state counterpart to section 504 of the federal Rehabilitation Act of 1973, as amended, to provide a state remedy for disability discrimination and an alternative in situations in which federal remedies are also available.  Your Committee on Conference further finds that the intent of section 368-1.5, Hawaii Revised Statutes, was originally, and is now, to give the Hawaii Civil Rights Commission jurisdiction over disability discrimination claims, even if protections under section 504 of the Rehabilitation Act, as amended, are available.

 

     Your Committee on Conference has amended this measure by changing the effective date to July 1, 2022.

 

     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. 538, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 538, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

RICHARD H.K. ONISHI

Co-Chair

 

____________________________

JOY A. SAN BUENAVENTURA

Chair

____________________________

MARK M. NAKASHIMA

Co-Chair

 

____________________________

KARL RHOADS

Co-Chair

____________________________

JACKSON D. SAYAMA

Co-Chair