STAND. COM. REP. NO. 1464

 

Honolulu, Hawaii

                   

 

RE:     H.B. No. 483

        H.D. 2

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Government Operations, to which was referred H.B. No. 483, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CIVIL RIGHTS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to extend the deadline for the Legislative Reference Bureau to complete its study of existing Title IX enforcement practices and procedures at the federal level and in other jurisdictions.

 

     Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commissions, Hawaii State Commission on the Status of Women, The Sex Abuse Treatment Center, American Association of University Women of Hawaii, Pride at Work Hawaii, Hawaii Women's Coalition, Planned Parenthood Votes Northwest and Hawaii, and four individuals.  Your Committee received comments on this measure from the Legislative Reference Bureau.

 

     Your Committee finds that Title IX of the Education Amendments of 1972 (Title IX), renamed the Patsy Mink Equal Opportunity in Education Act, prohibits discrimination on the basis of sex by any educational program or activity receiving federal funds.  Your Committee also finds that Title IX has given millions of girls and women educational opportunities in the classroom and on playing fields; in research, teaching, and graduate schools; and in employment, medicine, law, and other professions.

 

     However, your Committee recognizes that the efficacy of Title IX federal protections against sex discrimination in education has been diminished and eroded.  For these reasons, in 2018 the legislature passed a corollary to Title IX in state law.  Act 110, Session Laws of Hawaii 2018 (Act 110), prohibits discrimination on the basis of sex, including sexual orientation, gender identity, or gender expression, in any state educational program or activity, or in any educational program or activity that receives state financial assistance, without regard to whether the educational program or activity also receives federal funds.  Act 110 also directs the Legislative Reference Bureau to conduct a study of existing federal Title IX procedures and enforcement, in addition to examining Title IX corollaries in other jurisdictions.  The Legislative Reference Bureau was to submit its report in advance of the convening of the regular session of 2019.  However, the study is still in progress.

 

     Your Committee notes that Act 110 takes effect on January 1, 2020.  However, given the recent dramatic changes to the federal Department of Education's Title IX guidance and potential changes to the Title IX regulation, your Committee finds that it is important to ensure that Act 110 is aligned with the same narrow gender-segregated activities as permitted in federal law that were in effect on January 1, 2019, specifically, the narrow exceptions applicable to same-sex dormitories and limited same-gender social clubs.  Your Committee notes that the caveat regarding the effective date is necessary to ensure the existing minimum limitations in federal law are incorporated into Hawaii's corollary law, in the event the current federal administration changes the law to permit broader exceptions.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Amending Act 110, Session Laws of Hawaii 2018, to incorporate federal law regarding Title IX, which permits a narrow exception from Title IX for same-sex living facilities and membership practices of social fraternities, social sororities, and certain youth service organizations;

 

     (2)  Changing its effective date to upon approval; provided that the amendments made to section 2 of Act 110, Session Laws of Hawaii 2018 shall take effect on January 1, 2020, to correspond with the effective date of Act 110; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 483, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 483, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Government Operations,

 

 

 

________________________________

LAURA H. THIELEN, Chair