Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 929 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Executive Director of the Hawaii Civil Rights Commission to petition the Commission for a declaratory ruling on legal issues that may arise during an investigation of a discrimination complaint.

Testimony in support of the measure was submitted by the Hawaii Civil Rights Commission.

Your Committee finds that the Hawaii Supreme Court held in the case of RGIS Inventory Specialist v. Hawaii Civil Rights Commission, 104 Hawai`i 158, 86 P.3d 449 (2004), that the Executive Director of the Hawaii Civil Rights Commission lacked standing both in statute and administrative rules to petition the Commission for a declaratory ruling and that the Commission did not have any authority to issue such ruling. This measure is designed to provide the statutory authority for the Executive Director of the Hawaii Civil Rights Commission to petition for declaratory relief with the Commission, and for the Commission to issue such rulings.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 929 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.