SB 109: Hawaiian Language; State Law; Public Documents

A BILL FOR AN ACT

RELATING TO THE HAWAIIAN LANGUAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that at the Constitutional Convention of Hawaii of 1978, the committee on Hawaiian affairs proposed the constitutional amendment that is now enshrined in article XV, section 4, of the Hawaii State Constitution, which establishes Hawaiian as an official language of the State.  The committee felt it necessary to include this amendment in the constitution "to give full recognition and honor to the rich cultural inheritance that Hawaiians have given to all ethnic groups of the State".

     The legislature further finds that passage of this Act would contribute to the growing international movement for the protection of the rights of the world's indigenous peoples.  In 2007, the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).  In 2011, the United States became a signatory on the Declaration.  Article 13 of the Declaration states:

     "1.  Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

      2.  States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means".

     Accordingly, the purpose of this Act is to require the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and meets certain criteria.

     SECTION 2.  Section 1-13, Hawaii Revised Statutes, is amended to read as follows:

     "§1-13  Official languages.  English and Hawaiian [are] shall be the official languages of Hawaii.  [Whenever there is found to exist] If any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the State[,] exists, the English version shall be held binding[.]; provided that if the law in question was originally drafted in Hawaiian and the English version was translated based on the Hawaiian version, and if the law has not been later amended, codified, recodified, or reenacted in English, the Hawaiian version shall be held binding.  Hawaiian shall not be required for public acts and transactions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Hawaiian Language; State Law; Public Documents

Description:

Requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and meets certain criteria.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE HAWAIIAN LANGUAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that at the Constitutional Convention of Hawaii of 1978, the committee on Hawaiian affairs proposed the constitutional amendment that is now enshrined in article XV, section 4, of the Hawaii State Constitution, which establishes Hawaiian as an official language of the State.  The committee felt it necessary to include this amendment in the constitution "to give full recognition and honor to the rich cultural inheritance that Hawaiians have given to all ethnic groups of the State".

     The legislature further finds that passage of this Act would contribute to the growing international movement for the protection of the rights of the world's indigenous peoples.  In 2007, the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples.  In 2011, the United States became a signatory on the Declaration.  Article 13 of the Declaration states:

     "1.  Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

      2.  States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means".

     Accordingly, the purpose of this Act is to require that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian, or if the law was originally drafted in English and if the law was subsequently amended, codified, recodified, or reenacted in Hawaiian, and meets certain criteria.

     SECTION 2.  Section 1-13, Hawaii Revised Statutes, is amended to read as follows:

     "§1-13  Official languages.  English and Hawaiian are the official languages of Hawaii.  Whenever there is found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the State, the English version shall be held binding[.]; provided that if the law in question was originally drafted in Hawaiian and the English version was translated based on the Hawaiian version, and if the law has not been later amended, codified, recodified, or reenacted in English, or if the law in question was originally drafted in English and if the law was subsequently amended, codified, recodified, or reenacted in Hawaiian, the Hawaiian version shall be held binding.  Hawaiian shall not be required for public acts and transactions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Hawaiian Language; State Law; Public Documents

Description:

Requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian, or if the law was originally drafted in English and if the law was subsequently amended, codified, recodified, or reenacted in Hawaiian, and meets certain criteria.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE HAWAIIAN LANGUAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that at the Constitutional Convention of Hawaii of 1978, the committee on Hawaiian affairs proposed the constitutional amendment that is now enshrined in article XV, section 4, of the Hawaii State Constitution, which establishes Hawaiian as an official language of the State.  The committee felt it necessary to include this amendment in the constitution "to give full recognition and honor to the rich cultural inheritance that Hawaiians have given to all ethnic groups of the State".

     The legislature further finds that passage of this Act would contribute to the growing international movement for the protection of the rights of the world's indigenous peoples.  In 2007, the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples.  In 2011, the United States became a signatory on the Declaration.  Article 13 of the Declaration states:

     "1.  Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

      2.  States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means".

     Accordingly, the purpose of this Act is to require that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and meets certain criteria.

     SECTION 2.  Section 1-13, Hawaii Revised Statutes, is amended to read as follows:

     "§1-13  Official languages.  English and Hawaiian are the official languages of Hawaii.  Whenever there is found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the State, the English version shall be held binding[.]; provided that if the law in question was originally drafted in Hawaiian and the English version was translated based on the Hawaiian version, and if the law has not been later amended, codified, recodified, or reenacted in English, the Hawaiian version shall be held binding.  Hawaiian shall not be required for public acts and transactions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Hawaiian Language; State Law; Public Documents

Description:

Requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and meets certain criteria.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the hawaiian language.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that at the Constitutional Convention of Hawaii of 1978, the committee on Hawaiian affairs proposed the constitutional amendment that is now enshrined in article XV, section 4, of the Hawaii State Constitution, which establishes Hawaiian as an official language of the State.  The committee felt it necessary to include this amendment in the constitution "to give full recognition and honor to the rich cultural inheritance that Hawaiians have given to all ethnic groups of the State."

     The legislature further finds that passage of this Act would contribute to the growing international movement for the protection of the rights of the world's indigenous peoples.  In 2007, the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples.  In 2011, the United States became a signatory on the Declaration.  Article 13 of the Declaration states:

     "1.  Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

      2.  States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means."

     Accordingly, the purpose of this Act is to require that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and then translated into English.

     SECTION 2.  Section 1-13, Hawaii Revised Statutes, is amended to read as follows:

     "§1-13  Official languages.  English and Hawaiian are the official languages of Hawaii.  Whenever there is found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the State, the English version shall be held binding[.]; provided that if the law in question was originally drafted in Hawaiian and the English version was translated based on the Hawaiian version, the Hawaiian version shall be held binding.  Hawaiian shall not be required for public acts and transactions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Hawaiian Language; State Law; Public Documents

Description:

Requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and then translated into English.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1748

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 109

      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. 109, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN LANGUAGE,"

begs leave to report as follows:

     The purpose of this measure is to require that the Hawaiian version of a law be held binding if the law in question was either:

     (1)  Originally drafted in Hawaiian and then translated into English and the law has not been later amended, codified, recodified, or reenacted in English; or

     (2)  Originally drafted in English and subsequently amended, codified, recodified, or reenacted in Hawaiian.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and three individuals.  Your Committee received testimony in opposition to this measure from the Center for Hawaiian Sovereignty Studies.  Your Committee received comments on this measure from the Judiciary; Department of the Attorney General; and two individuals.

     Your Committee finds that in 2007, the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples and this measure would contribute to the growing international movement for the protection of the rights of the world's indigenous peoples.

     Your Committee has amended this measure by:

     (1)  Reverting to the S.D. 1 version of this measure, which required that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and meets certain criteria;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  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. 109, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 109, 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,

STAND. COM. REP. NO. 901

Honolulu, Hawaii

RE:    S.B. No. 109

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 109, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN LANGUAGE,"

begs leave to report as follows:

     The purpose and intent of this measure is to require that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and meets certain criteria.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and two individuals.

     Your Committee received testimony in opposition to this measure from two individuals.

     Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that at the Constitutional Convention of Hawaiʻi of 1978, the Committee on Hawaiian Affairs proposed the constitutional amendment that is now enshrined in article XV, section 4, of the Hawaii State Constitution, which establishes Hawaiian as an official language of the State.  The Committee felt it necessary to include this amendment in the Constitution "to give full recognition and honor the rich cultural inheritance that Hawaiians have given to all ethnic groups of the State".  This measure will further honor the cultural and historical significance of ʻōlelo Hawaiʻi and preserve the intent of those who drafted laws during the Kingdom of Hawaiʻi, the territorial era, and beyond.

     Your Committee notes that adding similar language to this measure providing that the Hawaiian version of a law originally drafted in English that has been amended, codified, recodified, or enacted in Hawaiian shall be binding will uphold the status of ʻōlelo Hawaiʻi as a co-official language and ensure that the intent of the legislators at the time that a law was most recently adopted, whether it be adopted in English or Hawaiian, is not lost due to translation.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting language providing that the Hawaiian version of a law originally drafted in English that has been amended, codified, recodified, or enacted in Hawaiian shall be binding; and

     (2)  Amending section 1 to reflect its amended purpose.

     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, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 109, S.D. 2.

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

STAND. COM. REP. NO. 207

Honolulu, Hawaii

RE:    S.B. No. 109

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

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

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN LANGUAGE,"

begs leave to report as follows:

     The purpose and intent of this measure is to require that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and then translated into English.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Judiciary, and seven 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 currently, the English version of a law is binding whenever there are any irreconcilable differences between the English and Hawaiian version of any laws of the State.  By recognizing the primacy of Hawaiian in laws originally written in the language, this measure honors the cultural and historical significance of ʻōlelo Hawaiʻi and preserves the intent of those who drafted such laws during the Kingdom of Hawaii, the territorial era, and beyond.

     Your Committee notes that the Department of the Attorney General provided testimony regarding its concerns that the measure may lead to ambiguities in the application and interpretation of laws.  Therefore, your Committee finds that it is proper to incorporate the specific amendments recommended by the Department of the Attorney General into the measure.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that if a law was originally drafted in Hawaiian and was translated into English based on the Hawaiian version, the Hawaiian version shall be held binding if the law has not been later amended, codified, recodified, or reenacted in English; and

     (2)  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 Hawaiian Affairs 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 referred to your Committee on Judiciary.

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