STAND. COM. REP. 386

Honolulu, Hawaii

, 2003

RE: H.B. No. 411

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 411, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PROHIBITION OF DISCRIMINATION BY PUBLIC ENTITIES AGAINST INDIVIDUALS WITH DISABILITIES,"

begs leave to report as follows:

The purpose of this bill as received is to ensure that individuals with disabilities have equal opportunity to participate in or benefit from services and programs provided by the counties and other entities receiving county financial assistance. Existing law provides such protections in state and state-supported services and programs.

The Hawaii Civil Rights Commission, Aloha State Association for the Deaf, and several concerned individuals testified in support of the bill. The Disability and Communication Access Board testified in support of the intent of the bill. The Department of the Attorney General opposed the bill.

Upon further consideration, your Committee has amended this bill to:

(1) Retain existing language that a qualified individual shall not be excluded from participation or denied services solely by reason of the disability; and

(2) Insert language that parallels applicable federal law to remove ambiguity and avoid conflicting interpretations of the nondiscrimination statute.

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 H.B. No. 411, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 411, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair