STAND. COM. REP. NO. 3232

Honolulu, Hawaii

RE: S.B. No. 2244

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2244 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 clarify that the Hawai‘i Civil Rights Commission has jurisdiction over disability discrimination claims even when other federal remedies are available and to exclude cases that fall within the scope of the Individuals with Disabilities Education Act.

Your Committee received testimony in support of this measure from the Disability and Communication Access Board, Hawai‘i Civil Rights Commission, and Hawaii Disability Rights Center.

Your Committee finds that the Hawaii Supreme Court held in Hawaii Technology Academy and the Department of Education v. L.E. and Hawaii Civil Rights Commission, 141 Hawaii 147, 407 P.3d 103 (2017), that the Legislature did not intend the Hawaii Civil Rights Commission to have jurisdiction over disability discrimination claims under section 368-1.5, Hawaii Revised Statutes, relating to programs and activities receiving state financial assistance, if protections under section 504 of the Rehabilitation Act, as amended, are applicable. This measure clarifies that it was always the Legislature's intent to give the Commission jurisdiction over these claims to provide a state remedy even when federal protections under section 504 of the Rehabilitation Act of 1973, as amended, are also available. This measure also excludes cases within the scope of the Individuals with Disabilities Education Act from the Hawaii Civil Rights Commission's jurisdiction under section 368-1.5, Hawaii Revised Statutes, to address possible concerns regarding potential duplication of services under the Individuals with Disabilities Education Act, P.L. 101-476, as amended, and the Rehabilitation Act, and their respective appeals processes.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2244 and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair