STAND. COM. REP. NO. 1641

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.C.R. No. 66
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Consumer Protection and Commerce, to which
was referred H.C.R. No. 66 entitled: 

     "HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF
     COMMERCE AND CONSUMER AFFAIRS TO CONDUCT A STUDY AND TO TAKE
     ACTION TO PROHIBIT DISCRIMINATORY PRICING PRACTICES IN THE
     PROVISION OF SERVICES,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request that
the Department of Commerce and Consumer Affairs (DCCA), in
conjunction with the Legislative Reference Bureau (LRB), conduct
a study of discriminatory pricing practices by entities engaged
in business within the State, and take action to prohibit these
practices.

     DCCA, Hawaii State Commission on the Status of Women (HSCSW)
and the Hawai'i Civil Rights Commission (HCRC) supported the
intent of the concurrent resolution, and suggested amendments.

     DCCA requested that LRB be substituted as the most
appropriate lead agency for the study.

     Your Committee heard testimony by HSCSW that gender
discrimination in pricing is already prohibited under section
489-3, Hawaii Revised Statutes (HRS).  HSCSW's suggested
amendments include:


 
 
 
                                 STAND. COM. REP. NO. 1641
                                 Page 2

 
     1)   Substituting the Civil Rights Commission for DCCA as
          enforcement agency, to reflect the Commission's current
          responsibilities under the law;

     2)   Requesting that the Legislative Auditor rather than LRB
          conduct the study; and

     3)   Including HSCSW in the list of those to be sent a
          certified copy of this concurrent resolution.

     HCRC testified that they had accepted and investigated
complaints of gender-based discrimination under the
discriminatory pricing provisions of the Public Accommodations
law, Chapter 489, HRS, which fall under the scope of the HCRC's
jurisdiction.

     Upon reflection, your Committee has amended this concurrent
resolution as suggested by HSCSW.  Your Committee has also
amended this resolution to restrict the study to discriminatory
pricing practices in the provision of services, for practical
reasons.

     As affirmed by the record of votes of the members of your
Committee on Consumer Protection and Commerce that is attached to
this report, your Committee concurs with the intent and purpose
of H.C.R. No. 66, as amended herein, and recommends that it be
referred to the Committee on Finance, in the form attached hereto
as H.C.R. No. 66, H.D. 1.

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



                                   ______________________________
                                   RON MENOR, Chair