CONFERENCE COMMITTEE REP. NO. 240-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 3263

S.D. 2

H.D. 3

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3263, S.D. 2, H.D. 3, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII,"

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:

(1) Affirm student-athletes' rights to engage in name, image, and likeness activities for compensation;

(2) Require the University of Hawaii to adopt policies governing institutional name, image, and likeness agreements and other aspects of name, image, and likeness activity consistent with federal law, rules by an intercollegiate athletics governing body such as the National Collegiate Athletic Association, and Title IX;

(3) Require the University to provide independent advisors to student-athletes;

(4) Establish certain transparency and accountability requirements in the administration of institutional name, image, and likeness activities;

(5) Provide protections and educational support for student-athletes who enter into name, image, and likeness agreements; and

(6) Sunset June 30, 2030.

Your Committee on Conference finds that recent changes in the rules governing collegiate athletics, including the authorization of name, image, and likeness (NIL) compensation, necessitate the creation of a sustainable funding stream and controlling framework to help the University of Hawaii remain competitive in recruiting and retaining student athletes and ensure student athletes are sufficiently protected. The governance framework established by this measure ensures compliance with the National Collegiate Athletic Association rules and supports accountability, long-term sustainability of the University's athletics program, and improved student athlete well-being.

Your Committee on Conference has amended this measure by:

(1) Inserting language that allows student-athletes to:

(A) Retain professional representation, including a sports agent registered pursuant to chapter 481Z, Hawaii Revised Statutes, for the purpose of advising or representing the student-athlete in name, image, and likeness activities; and

(B) Seek advice from a parent, legal guardian, or other trusted individual of the student-athlete's choosing;

(2) Deleting language that would have required the University of Hawaii to provide advisors to student-athletes to provide independent advice and assistance relating to institutional name, image, and likeness agreements and third-party name, image, and likeness agreements;

(3) Inserting language that authorizes the University to make educational resources or advisory support available to assist student-athletes in understanding name, image, and likeness agreements, including information related to contracts, taxes, and financial management;

(4) Clarifying that nothing in this measure relating to the University's obligations and protections shall be construed to require a student-athlete to retain representation or advisory services;

(5) Requiring an aggregate summary of name, image, and likeness agreements, disaggregated by value ranges, sport, and gender, that does not include personally identifiable information or specific contract terms, to be included in the required annual report from the University to the Legislature;

(6) Inserting language establishing the Name, Image, and Likeness Endowment Fund and establishing fund requirements;

(7) Requiring the Board of Regents to transfer $4,000,000 from the University of Hawaii Tuition and Fees Special Fund to the Name, Image, and Likeness Endowment Fund;

(8) Inserting a $2,500,000 general fund appropriation for deposit into the Name, Image, and Likeness Endowment Fund;

(9) Specifying that on June 30, 2030, any unencumbered and unexpended funds remaining in the Name, Image, and Likeness Endowment Fund shall lapse to the source of the funds;

    (10) Amending section 1 to reflect its amended purpose;

    (11) Making it effective upon its approval and making the appropriation section effective on July 1, 2026; and

    (12) 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. 3263, 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. 3263, 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

____________________________ ANDREW TAKUYA GARRETT Co-Chair	____________________________ DONNA MERCADO KIM Chair
____________________________ SCOT Z. MATAYOSHI Co-Chair	____________________________ LYNN DECOITE Co-Chair
____________________________ CHRIS TODD Co-Chair	____________________________ TROY N. HASHIMOTO Co-Chair
	____________________________ JARRETT KEOHOKALOLE Co-Chair