STAND. COM. REP. NO. 2426

Honolulu, Hawaii

RE: S.B. No. 3351

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3351 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE 1, SECTION 5 OF THE HAWAII CONSTITUTION RELATING TO DUE PROCESS AND EQUAL PROTECTION,"

begs leave to report as follows:

The purpose and intent of this measure is to propose a constitutional amendment to prohibit discrimination against a person because of ethnicity, national origin, age, disability, or sex, including sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes.

Your Committee received testimony in support of this measure from the Disability and Communication Access Board, Democratic Party of Hawaiʻi, ACLU of Hawaiʻi, Rainbow Family 808, Stonewall Caucus of the Democratic Party of Hawaiʻi, Indivisible Hawaii, AAUW of Hawaii, and nine individuals.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that the Hawaiʻi State Constitution reflects the unique history and cultural heritage of the State, for example by establishing protections for native Hawaiians, the environment and natural resources, and public wellness. However, your Committee believes that the Hawaiʻi State Constitution could be strengthened by adding an equal rights amendment to prohibit discrimination against ethnicity, national origin, age, disability, or sex. This measure will reaffirm the State's commitment to equality for all people in the State.

Your Committee has amended this measure by 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. 3351, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3351, S.D. 1, and be referred to your Committee on Ways and Means.

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

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KARL RHOADS, Chair