CONFERENCE COMMITTEE REP. NO. 89

 

Honolulu, Hawaii

                 , 2015

 

RE:    S.B. No. 387

       S.D. 2

       H.D. 3

       C.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 387, S.D. 2, H.D. 3, entitled:

 

"A BILL FOR AN ACT RELATING TO AFFIRMATIVE CONSENT,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to establish a task force to review and make recommendations on the University of Hawaii's executive policy on domestic violence, dating violence, sexual assault, and stalking.

 

     Your Committee on Conference finds that affirmative consent policies adopted by hundreds of colleges and universities throughout the nation have contributed to supportive campus dialogues regarding healthy relationships and the necessity of consent in sexual activities by all parties.  Your Committee on Conference further finds that these policies demonstrate a trend of growing commitment within institutions of higher education to provide safe and respectful campus environments.

 

     Your Committee on Conference further finds that the University of Hawaii Board of Regents recently adopted a new executive policy concerning sexual harassment, sexual assault, domestic violence, dating violence, and stalking.  This executive policy requires the various University of Hawaii campuses to implement a variety of comprehensive education and prevention programs and provide information and assistance for individuals who report alleged sexual harassment and sexual violence, as well as prompt and equitable complaint procedures and corrective actions capable of preventing future incidents of harassment and sexual violence.

 

     Your Committee on Conference additionally finds that the University's new executive policy contains a definition of "affirmative consent" that is substantively similar to the definition contained in prior versions of this measure.  Accordingly, language in this measure requiring the University to implement an affirmative consent policy is no longer necessary.

 

     As such, this measure establishes an affirmative consent task force charged with reviewing and evaluating the current executive policy with particular focus on the current infrastructure, resources, and practices of the University of Hawaii. Your Committee on Conference notes that the diverse membership of this task force will help to ensure the development, adoption, and maintenance of a viable affirmative consent policy.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Changing the effective date to July 1, 2015; and

 

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

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 387, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 387, S.D. 2, H.D. 3, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

_________________________________

LINDA ICHIYAMA, Co-Chair

 

________________________________

BRIAN T. TANIGUCHI, Chair

_________________________________

JOY A. SAN BUENAVENTURA, Co-Chair

 

________________________________

MAILE S.L. SHIMABUKURO, Co-Chair

_________________________________

JAMES KUNANE TOKIOKA, Co-Chair

 

________________________________

J. KALANI ENGLISH, Co-Chair