CONFERENCE COMMITTEE REPORT NO. 38

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2774
                                  S.D. 1
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in H.B. No. 2774, S.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO DISCRIMINATION IN PUBLIC
     PLACES," 

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 bill is to specifically provide in
statute that it is an unlawful discriminatory act to deny a
breast feeding woman the full and equal enjoyment of public
accommodations.

     Your Committee on Conference believes that because breast
feeding is an activity deserving of special protection, yet is
not precisely analogous to other protected classes under civil
rights law, the usual remedies in the public accommodations law
are not appropriate.  A new part is being added to ensure prompt
compliance with the law.  Your Committee on Conference believes
that most places of public accommodations will voluntarily comply

 
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with the law upon realizing that breast feeding is, in fact,
protected by law.  However, if a place of public accommodations
nonetheless discriminates against a breast feeding woman, the
woman will be able to quickly and easily seek a small civil
penalty, an injunction against the illegal discrimination, and
costs of court and attorney fees, if applicable.  Because this
new part allows the action to be brought in the small claims
division of the district court, your Committee on Conference
believes that disputes about breast feeding can be inexpensively
and expeditiously resolved.

     Your Committee on Conference recognizes that the activity of
breast feeding is uniquely able to be protected against illegal
discrimination without resort to the enforcement powers of the
Civil Rights Commission, as provided under chapter 368, Hawaii
Revised Statutes, and elsewhere.  It is the intent of your
Committee on Conference that the limited remedies provided for
discrimination based on breast feeding should not in any way be
interpreted as an erosion of existing civil rights remedies.

     Upon further consideration, your Committee on Conference has
amended this bill by deleting its contents and substituting
provisions that:

     (1)  Create a new part in chapter 489, Hawaii Revised
          Statutes, making it a discriminatory practice to deny a
          breast feeding woman the full and equal enjoyment of
          public accommodations;

     (2)  Providing for a private right of action based on
          discriminatory practices under the new part, with
          potential remedies of $100, injunctive relief, and
          court costs and attorney fees;

     (3)  Specifying that the new part shall not be enforced by
          the Civil Rights Commission, and specifying that
          enforcement and penalty provisions of existing civil
          rights law do not apply to the new part; and

     (4)  Reinserting the upon approval effective date from the
          House position.

     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 H.B. No. 2774, S.D. 1, as amended herein, and recommends that
it pass Final Reading in the form attached hereto as H.B. No.
2774, S.D. 1, C.D. 1.


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                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE
                                   
                                   
                                   
                                   
______________________________     ______________________________
SUZANNE CHUN OAKLAND, Co-Chair     TERRY NUI YOSHINAGA, Co-Chair
                                   
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        ERIC G. HAMAKAWA, Co-Chair

 
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