STAND

STAND. COM. REP. NO. 705

Honolulu, Hawaii

, 2005

RE: H.B. No. 1305

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1305 entitled:

"A BILL FOR AN ACT RELATING TO EQUAL PAY,"

begs leave to report as follows:

The purpose of this bill is to prohibit, except under certain conditions, an employer from discriminating on the basis of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility and that are performed under similar working conditions. In addition, this bill establishes a pay equity task force (Task Force), beginning in fiscal year 2005-2006 and continuing through fiscal year 2009-2010, that shall:

(1) Review certain relevant studies conducted in the past and other relevant information;

(2) Develop recommendations for submission to the Legislature regarding the need for funding or specific actions to correct any gender-based pay inequities that are discovered; and

(3) Submit a report to the Legislature at least 20 days prior to the convening of each Regular Session documenting its progress.

Hawaii State AFL-CIO, Hawaii State Coalition Against Domestic Violence, and Life of the Land supported this bill. Hawaii Civil Rights Commission and Department of Labor and Industrial Relations (DLIR) supported the intent of this measure. The Chamber of Commerce of Hawaii opposed this measure. The Department of Human Resources Development (DHRD) offered comments.

Your Committee recognizes the concerns, raised by the Hawaii Civil Rights Commission in its testimony, with respect to existing statutes relating to equal pay. It is not the intent of your Committee to affect or diminish the existing, broader protections of Chapter 378, Part I, Hawaii Revised Statutes.

Your Committee has amended this bill by deleting its contents and inserting the contents of H.B. No. 246, H.D.1, Regular Session of 2005, with amendments. As amended, this bill differs from the bill referred to your Committee by:

(1) Clarifying that payment differentials, resulting from exceptions to the prohibition on sex discrimination established in this bill, do not violate this prohibition;

(2) Changing the time period for the existence of the Task Force from fiscal years 2005-2006 through 2009-2010 to fiscal years 2006-2007 through 2010-2011;

(3) Deleting the Director of DHRD or designee from the Task Force and adding the Director of DLIR or designee;

(4) Establishing that the purpose of the Task Force shall be to determine the current extent and trend of gender-based pay inequities in Hawaii;

(5) Changing the reporting requirement by requiring the Task Force to provide the Legislature with an annual report documenting its progress;

(6) Changing the repeal date of the provision establishing the Task Force to June 30, 2011; and

(7) Making technical, nonsubstantive amendments for style, clarity, and consistency.

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. 1305, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1305, H.D. 1, and be placed on the calendar for Third Reading.

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

		____________________________ SYLVIA LUKE, Chair