STAND. COM. REP. NO. 2723

Honolulu, Hawaii

RE:    S.B. No. 2895

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2895 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize the Executive Director of the Hawaii Civil Rights Commission to dismiss a complaint and issue a notice to the complainant that the complainant may bring a civil action if the Executive Director has determined that there is reasonable cause to believe that an unlawful discriminatory practice has occurred and has been unable to secure a conciliation agreement from the respondent;

     (2)  Allow the Executive Director to reconsider on the Executive Director's own initiative the dismissal of a complaint and issuance of a notice of the right to sue, which shall not be subject to judicial review; and

     (3)  Amend the Executive Director's authority with respect to fair housing to comply with the federal Fair Housing Act.

     Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commission.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Hawaii Disability Rights Center and one individual.

     Your Committee finds that existing law requires the Executive Director of the Hawaii Civil Rights Commission to issue a final conciliation demand when conciliation efforts in an unlawful discriminatory practice case fail to secure a conciliation settlement then requires that the case be docketed for a contested case hearing before a hearings officer.  According to the testimony submitted by the Hawaii Civil Rights Commission, these requirements have negatively impacted the efficiency and effectiveness of its civil rights enforcement powers.  This measure provides prosecutorial discretion by allowing the Executive Director to decide which cases should be litigated.

     Your Committee notes that the language in this measure is substantially similar to H.B. No. 683, H.D. 1, S.D. 1 (Regular Session of 2015) which is a measure that was carried over and currently pending in Conference.

     Your Committee has amended this measure by:

     (1)  Clarifying that the Executive Director's determination that a complaint is to be dismissed and to issue a notice of right to sue may be subject to reconsideration by the Hawaii Civil Rights Commission on its own initiative but shall not be subject to judicial review;

     (2)  Inserting the effective date of January 7, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2895, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2895, S.D. 1, and be placed on the calendar for Third Reading.

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

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GILBERT S.C. KEITH-AGARAN, Chair