STAND. COM. REP. NO. 723

Honolulu, Hawaii

RE: S.B. No. 109

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 109 entitled:

"A BILL FOR AN ACT RELATING TO GENDER-NEUTRAL TERMINOLOGY,"

begs leave to report as follows:

The purpose and intent of this measure is to replace gender-specific terminology used in adoption and divorce matters with gender-neutral terminology.

Your Committee received testimony in support of this measure from the Stonewall Caucus of the Democratic Party of Hawai‘i, Rainbow Family 808, and nine individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that gender-inclusive language is a powerful way to promote gender equality and remove gender bias from this world. The usage of gender-neutral terminology allows individuals to have a safe space that does not perpetuate the exclusion of gender nonconforming individuals from the legal system. This, alone, empowers success, promotes inclusiveness, and demonstrates respect for all backgrounds. This measure will ensure that all individuals are recognized and respected in the legal system, regardless of their gender identity.

Your Committee has amended this measure by:

(1) Incorporating the changes proposed by the Department of the Attorney General by:

(A) Replacing the references to "mother" with "birthing parent" and replacing the references to "father" with "non-birthing parent" throughout;

(B) Replacing the references to "stepfather" with "birthing parent's spouse" throughout; and

(C) Replacing the reference to "uncle and niece, aunt and uncle" with "a person and the person's biological sibling";

(2) Inserting an effective date of March 22, 2075, to encourage further discussion; 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 109, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 109, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair