STAND. COM. REP. NO. 621

Honolulu, Hawaii

RE:    S.B. No. 1183

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 1183, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DISCRIMINATORY PRACTICES,"

begs leave to report as follows:

     The purpose of this measure is to conform the State's laws to the Americans with Disabilities Act Amendments Act of 2008, P.L. 110-325, by broadening the types of disabilities that are protected against employment discrimination.

On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008, P.L. 110-325 ("ADAAA").  In the ADAAA, Congress found that several United States Supreme Court decisions interpreted the definition of disability inconsistently with legislative intent.  The ADAAA clarified laws relating to employment disability, broadened the definition of "disability" and resulted in certain federal law protections being stronger than corresponding protections currently provided under Hawaii state law.

     Your Committee has amended this measure on the recommendation of the Hawaii Civil Rights Commission to require the Hawaii Civil Rights Commission to define certain terms contained in this measure, in lieu of doing so by statutory amendments.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1183, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1183, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

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BRIAN T. TANIGUCHI, Chair