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Committee adds independent adviser, advances University of Hawaii NIL bill amid Title IX, privacy and funding questions
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Summary
The committee passed SB3263 SD2 HD1 with amendments that require an independent adviser for student athletes participating in institutional NIL programs and encouraged financial‑literacy supports; members extensively questioned the university on funding, Title IX proportionality, and public disclosure of student contracts.
The House committee advanced SB3263 SD2 HD1 to set rules for University of Hawaii institutional name, image and likeness (NIL) activities, adding a provision requiring an independent adviser to assist student athletes and unanimously adopting other technical changes.
University of Hawaii athletic director Matt Elliott urged passage, saying the bill would establish a state framework for NIL administration and protections for student athletes. "We stand in support of SB 3263," Elliott said, describing the bill as a way to "create a foundation for how NIL should work in the state." Elliott and coaches defended the need to keep University athletes competitive and described existing fundraising efforts: the university had a private fundraising target of $3,000,000 for the current year and reported it had raised about two‑thirds of that amount.
Members probed how NIL dollars would be divided, whether converting NIL funds into scholarships would affect Title IX proportionality, and whether individual student contracts should be public. Elliott told the committee that disclosure of team‑level allocations is reasonable but that individual students’ agreements are likely protected by FERPA: "Everything in my career has taught me that students have FERPA protections…we can't reveal that information," he said. Elliott also supported creating a certified agent process and proposed templates to limit contract negotiation complexity.
At decision making the chair directed adding language to require an independent adviser — available from the campus or community — to provide impartial guidance to students on NIL deals and to increase financial‑literacy training. The committee adopted that amendment and passed the bill with those changes.
Next steps: the bill will advance with the independent‑adviser requirement and recommended report language supporting financial‑literacy supports; appropriations or future funding requests remain subject to the Legislature’s budget process.
