STAND. COM. REP. NO. 2879

Honolulu, Hawaii

RE: S.B. No. 2805

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2805 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 grant the Executive Director of the Hawaii Civil Rights Commission with greater discretion to decide which cases should be litigated in certain situations.

More specifically, this measure:

(1) Authorizes the Executive Director of the Hawaii Civil Rights Commission to decide whether to:

(A) Demand that the respondent in a discrimination complaint cease the unlawful discriminatory practice; or

(B) Dismiss the complaint and issue to the complainant a notice of right to sue,

in cases in which a notice of cause has been issued and conciliation efforts fail; and

(2) Provides an exception to the authority established under paragraph (1) for cases that allege violations of both the state fair housing law under Chapter 515, Hawaii Revised Statutes, and the federal Fair Housing Act.

Your Committee received written comments in support of this measure from the Hawaii Civil Rights Commission and one concerned individual.

Your Committee finds that providing the Executive Director of the Hawaii Civil Rights Commission with greater discretion to either issue a final demand, or to dismiss a complaint and issue a notice of right to sue, could increase the efficiency and effectiveness of the Commission. Your Committee further finds that the exception for dual-filed fair housing cases is necessary to maintain substantial equivalence with federal fair housing law.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2805 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair