Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Labor and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 301, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to appropriate funds to the Hawaii Civil Rights Commission for investigator, attorney-mediation coordinator, and legal assistant positions for fiscal year 2006-2007.

Testimony in support of this measure was submitted by the Hawaii Civil Rights Commission (HCRC), the Hawaii State AFL-CIO, and three individuals.

Your Committees find that the HCRC, pursuant to chapter 368, Hawaii Revised Statutes (HRS), has enforcement jurisdiction over complaints of discrimination brought under part I of chapter 378, HRS, chapters 489 and 515, HRS, and section 368-1.5, HRS. At its inception, the HCRC inherited approximately two hundred and sixty open cases from the Department of Labor and Industrial Relations and over the past several years has averaged approximately four hundred and fifty new complaints filed each year. Your Committees further find that the HCRC is divided into two separate sections, an enforcement section and an adjudication section, and the enforcement and adjudication of the complaints filed requires the utilization of all available staff time and resources.

Currently, the HCRC has twenty-seven budgeted positions, with nine positions funded either in whole or in part by federal funds. The number of budgeted positions has not increased since the HCRC was established, although its caseload has increased. Efforts to address concerns over the caseload and to improve the timeliness of investigations have been hindered by a lack of needed additional investigators, the termination of student employment, and a lack of staffing support for HCRC attorneys and its voluntary mediation program. Your Committees determine that the HCRC has demonstrated a commitment to improving the efficacy and efficiency of its operations, and the establishment of new positions is necessary in enabling the HCRC to fulfill its role in safeguarding the civil rights of our citizens.

As affirmed by the records of votes of the members of your Committees on Labor and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 301, S.D. 1, and recommend that it be referred to the Committee on Ways and Means.