STAND. COM. REP. NO. 140

Honolulu, Hawaii

RE:    S.B. No. 979

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 979 entitled:

"A BILL FOR AN ACT RELATING TO DISCRIMINATORY PRACTICES IN PUBLIC ACCOMMODATIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to remove the requirement of a conspiracy of two or more persons as an element of prohibited discriminatory practices in places of public accommodation.

     Your Committee received testimony in support of this measure from the Hawai‘i Civil Rights Commission.

     Your Committee finds that under existing law, it is not a violation for a place of public accommodation, or a person acting alone, to:  engage in retaliation for opposition to discrimination; aid, abet, incite, or coerce discriminatory practices; or willfully obstruct or prevent compliance with the public accommodations law, in the absence of a conspiracy of two or more persons.  This measure removes that conspiracy requirement, which will ensure that the public is protected against retaliation for opposing discriminatory in places of public accommodation and that anyone who aids, abets, incites, or coerces discriminatory practices or obstructs or prevents compliance with the public accommodations law can be held responsible.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 979 and recommends that it pass Second Reading and be referred to your Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

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ROSALYN H. BAKER, Chair