STAND. COM. REP. NO. 425
RE: S.B. No. 387
Honorable Donna Mercado Kim
President of the Senate
Twenty-Eighth State Legislature
Regular Session of 2015
State of Hawaii
Your Committees on Higher Education and the Arts and Judiciary and Labor, to which was referred S.B. No. 387 entitled:
"A BILL FOR AN ACT RELATING TO AFFIRMATIVE CONSENT,"
beg leave to report as follows:
The purpose and intent of this measure is to require the University of Hawaii System to establish and enforce an affirmative consent standard for all policies and protocols relating to sexual assault, domestic violence, dating violence, and stalking as a condition for receiving state funds for student financial assistance.
Your Committees received testimony in support of this measure from the Hawaii State Commission on the Status of Women, Hawaii Youth Services Network, Hawaii Women's Coalition, American Association of University Women, Sex Abuse Treatment Center, IMUAlliance, Planned Parenthood of Hawaii, Hawaii State Democratic Women's Caucus, Hawaii State Coalition Against Domestic Violence, National Association of Social Workers Hawaii Chapter, and seven individuals. Your Committees received testimony in opposition to this measure from the University of Hawaii System.
Your Committees find that more than eight hundred colleges and universities across the nation have already adopted affirmative consent policies, and nine other states are also considering affirmative consent legislation. These universities have since reported the positive impact resulting from such policies and the change in campus dialogue about healthy relationships and consent.
Your Committees have amended this measure by:
(1) Clarifying the legislative intent to explicitly require the University of Hawaii System and the Board of Regents to act jointly to establish and enforce an affirmative consent standard for all policies and protocols relating to sexual assault, domestic violence, dating violence, and stalking;
(2) Deleting the requirement that the governing board of each community college, trustees of the University of Hawaii, and Board of Regents adopt certain policies and protocols as a condition of receiving state funds for student financial assistance; and
(3) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Higher Education and the Arts and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 387, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 387, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Higher Education and the Arts and Judiciary and Labor,
GILBERT S.C. KEITH-AGARAN, Chair
BRIAN T. TANIGUCHI, Chair