STAND. COM. REP. NO. 1749

Honolulu, Hawaii

, 2025

RE: S.B. No. 116

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 116, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DISCRIMINATION,"

begs leave to report as follows:

The purpose of this measure is to provide for civil remedies for any person who is injured by discriminatory reporting to a law enforcement officer.

Your Committee received testimony in support of this measure from the Department of Law Enforcement; Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Hawaiʻi Civil Rights Commission; Hawaii State Commission on the Status of Women; Democratic Party of Hawaiʻi; Pride at Work Hawaiʻi; Stonewall Caucus of the Democratic Party of Hawaiʻi; Lambda Law Hawaiʻi; and numerous individuals. Your Committee received testimony in opposition to this measure from Hawaii Patriot Republicans and numerous individuals.

The Committee finds that while public safety benefits from citizen reports of criminal activity, misuse of law enforcement to target individuals based on protected characteristics is a growing concern. This measure provides a civil remedy for those harmed by discriminatory reporting, ensuring accountability and deterrence.

Your Committee has amended this measure by:

(1) Including gender expression among the classes protected from discriminatory reporting;

(2) Codifying the requirement that the Department of Law Enforcement, in consultation with the Hawaii Civil Rights Commission, provide guidance to the public on the discriminatory reporting enacted by this measure;

(3) Adding "place of birth" as a protected class to the purpose and intent provision of the Hawaii Civil Rights Commission laws; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 116, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 116, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair