Bill Text: HI HB2379 | 2010 | Regular Session | Amended

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Bill Title: Hawaii Civil Rights Commission

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and McKelvey, Pine, Tokioka excused (3). [HB2379 Detail]

Download: Hawaii-2010-HB2379-Amended.html

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STAND. COM. REP. NO.  48-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.B. No. 2379

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 2379 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is improve the process of the investigation of complaints by the Hawaii Civil Rights Commission (HCRC) by clarifying statutorily established confidentiality provisions which apply to the disclosure and allowable use of factual records obtained in the course of an investigation.

 

     HCRC testified in support of this bill.

 

     A number of respondents in investigations conducted by HCRC have requested that their statements be confidential as allowed under current law.  However, some of these respondents have also asserted that this confidentiality request precludes the disclosure and use of their statements as evidence in any future proceedings, at times conditioning their cooperation and appearance for interviews with an assertion of confidential witness status.  HCRC informed your Committee that they refuse these demands because it could limit the use of evidence obtained in the course of the law enforcement investigation for the prosecution of the complaint.  This has resulted in resources being expended in litigating these issues in actions for subpoena enforcement.  This measure should resolve this issue.

 

     Technical, nonsubstantive amendments have been made for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2379, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2379, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

 

		____________________________ KARL RHOADS, Chair