Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 720, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to expand the protection against discrimination of a person with disabilities by the State and to add coverage to include counties.

Your Committee received testimony in support of this measure from the Lieutenant Governor, Attorney General, Disability and Communication Access Board, State Planning Council on Developmental Disabilities, Hawaii Civil Rights Commission, Center for Independent Living-East Hawaii, Hawaii Centers for Independent Living, Mental Health Association in Hawaii, Aloha State Association of the Deaf, Disability Rights Hawaii, and three individuals.

Your Committee finds that this measure is intended to provide similar, but not broader, rights to those under the Americans with Disabilities Act Title II (ADA), which prohibits discrimination against persons with disabilities from accessing any program, service, or activity of government. Your Committee has heard, however, that this measure may jeopardize these rights because the proposed changes alter and expand the language in the ADA.

Your Committee further finds that it may be difficult to interpret the proposed language by resorting to federal cases on the ADA, which may result in additional litigation.

Your Committee finds these concerns to be well taken and has amended this measure to:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 720, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 720, S.D. 2.