STAND. COM. REP. NO. 1413_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 605
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Labor and Public Employment, to which was
referred S.B. No. 605, S.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to promote civil rights and
freedom from violence or intimidation.  Specifically, this bill:

     (1)  Creates a civil cause of action for hate or bias
          motivated acts;

     (2)  Establishes extended terms of imprisonment for hate
          crime offenders; and

     (3)  Creates a hate crime reporting mechanism.

     The Hawaii Civil Rights Commission, the Hawaii State
Commission on the Status of Women, the Democratic Party of
Hawaii, the Gay and Lesbian Education and Advocacy Foundation,
the Gay and Lesbian Community Center, the Filipino Coalition for
Solidarity, Inc., Lambda Aloha, Kauai's Bisexual, Transgendered,
Lesbian and Gay Education, Advocacy and Research Organization,
and members of the public testified in support of this bill.  The
Honolulu Police Department testified in support of the intent of
this bill with a suggested amendment.  The State Attorney General
and the American Civil Liberties Union of Hawaii testified in
support of the intent of this bill with concerns.  The Christian

 
 
                                 STAND. COM. REP. NO. 1413_______
                                 Page 2

 
Voice of Hawaii and Concerned Women for America testified in
opposition to this bill.

     Upon further consideration, your Committee has amended this
bill by deleting its substance and inserting provisions
establishing a temporary pilot program to compile, track, and
analyze hate crimes data in Hawaii.

     Your Committee finds that crimes and threats against persons
because of their race, color, religion, ancestry, national
origin, gender, transgender, sexual orientation, age, or
disability are a significant and growing problem across the
nation.  This is an issue debated nationally and is currently
pending before the United States Congress.

     According to the Southern Poverty Law Center (SPLC), Hawaii
is not a center of hate crime activity compared to other states.
The SPLC recorded only one nonviolent hate incident for 1998, in
Keaau, Hawaii, where a swastika and "Heil, Hitler" were sprayed-
painted on an elementary and intermediate school.

     Your Committee further finds that the lack of information
regarding hate crimes perpetrated in Hawaii has caused a real
need to gather and evaluate hate crimes data at the state level.
This bill, as amended,  addresses this need by establishing a
temporary pilot program to compile, track, and analyze hate
crimes data in the State of Hawaii.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 605, S.D. 1, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B. No.
605, S.D. 1, H.D. 1, and be referred to the Committee on
Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair