SB 2795: Hawaiian Flag; Display; Condominiums; Cooperative Housing Corporations; Planned Community Associations
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-19
Current Status:
Failed
(2026-03-20: Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill lets owners and residents in condominiums, cooperative housing corporations, and planned community associations display the Hawaiian flag in their unit or on any limited common area reserved for them and forbids associations from banning the flag. Associations may set reasonable rules about when, where, and how the flag is shown to protect a documented substantial interest (a written, important reason). Those rules can limit the flag to 4 by 6 feet, restrict flagpoles to 20 feet, prevent blocking neighbors’ views, and, for health or safety reasons, further reduce flag size or remove/shorten a flagpole.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a documented substantial interest of the association or corporation. Authorizes cooperative housing corporations, planned community associations, and condominium associations to impose stricter size restrictions on Hawaiian flag displays or eliminate the flagpole or have its height lowered if the documented substantial interest is related to health or safety. Effective 9/9/2129. (HD1)
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a documented substantial interest of the association and corporation. Authorizes cooperative housing corporations, planned community associations, and condominium associations to impose stricter size restrictions on Hawaiian flag displays or eliminate the flagpole or have its height lowered if the documented substantial interest is related to health or safety. Effective 9/9/2129. (SD2)
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a substantial interest of the association and corporation. Effective 9/9/2129. (SD1)
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, and manner restrictions on Hawaiian flag displays to protect a substantial interest of the association or corporation.
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THE SENATE |
S.B. NO. |
2795 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE HAWAIIAN FLAG.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Ka Hae Hawaiʻi, the Hawaiian flag, has been an enduring symbol of the islands, representing Hawaiʻi and its people for more than two hundred years. Initially developed under Kamehameha Paiʻea Kūnuiākea, more commonly known as Kamehameha I, in 1816, the flag reflected the close, supportive relationship between Hawaiʻi and Great Britain.
The legislature further finds that the red, white, and blue striped flag with the Union Jack in the corner was amended slightly over the years before it was set as the official design, with the familiar look that we know now, by Ka ʻAhaʻōlelo o Ko Hawaiʻi Pae ʻĀina, the Hawaiian Kingdom legislature, in 1845. Ka Hae Hawaiʻi became a beloved and proud symbol of the people through five decades of Hawaiian Kingdom international diplomacy and domestic achievement.
The legislature also finds that on January 1, 1862, the Hawaiian-language newspaper Ka Nupepa Kuokoa printed a color Hae Hawaiʻi on the opening page of its New Year's issue, something never before seen in any nation and one of the first uses of color in a newspaper anywhere in the world. The paper ran a column alongside the flag declaring the people's pride in this important symbol.
The legislature additionally finds that holidays such as Lā Hoʻomanaʻo o Kamehameha I, Kamehameha Day; Lā Hoʻihoʻi Ea, Restoration of Sovereignty Day; and Lā Kūʻokoʻa, Independence Day, witnessed celebrations across the islands with event sites covered with thousands of Hae Hawaiʻi reflecting the pride and joy of the people. The Hawaiian flag became one of the core representations of the people's voice following the 1893 overthrow of the Hawaiian government with men and women wearing Hae Hawaiʻi hat bands and women creating Hae Hawaiʻi quilts. The Hawaiian flag would endure, being adopted by the provisional government of 1893, the Republic of 1894, the Territory of 1900, and the State of Hawaiʻi in 1959.
Today, in 2026, while the flag may represent different things to various people, it remains an historic and beloved symbol of Hawaiʻi nei for nearly all. The legislature notes that the Hawaiʻi State Constitution honors and protects Hawaiʻi's rich cultural heritage. The legislature also notes that the federal Freedom to Display the American Flag Act of 2005, P.L. 109-243, protects an individual's right to display the flag of the United States on residential property. The legislature finds that an individual's right to display the Hawaiian flag should be similarly protected.
Accordingly, the purpose of this Act is to further the State's unique and diverse cultural history, as well as an individual's right to free speech and cultural practices, by protecting the right to display the Hawaiian flag at an individual's home.
SECTION 2. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421I- Display of Hawaiian flag. (a) No corporation shall prohibit the display of the Hawaiian flag by a tenant shareholder within the shareholder's dwelling unit.
(b) A corporation may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a documented substantial interest of the corporation; provided that the restrictions shall include but not be limited to:
(1) The Hawaiian flag to be displayed shall be no larger than four feet by six feet in size;
(2) A flagpole erected on the property shall be no taller than twenty feet in height; and
(3) The display of the Hawaiian flag shall not obstruct neighboring views;
provided further that if the documented substantial interest is related to health or safety, the flagpole may be eliminated or have its height lowered and the size of the Hawaiian flag may be further restricted.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 3. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a member within the member's unit.
(b) An association may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a documented substantial interest of the association; provided that the restrictions shall include but not be limited to:
(1) The Hawaiian flag to be displayed shall be no larger than four feet by six feet in size;
(2) A flagpole erected on the property shall be no taller than twenty feet in height; and
(3) The display of the Hawaiian flag shall not obstruct neighboring views;
provided further that if the documented substantial interest is related to health or safety, the flagpole may be eliminated or have its height lowered and the size of the Hawaiian flag may be further restricted.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 4. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part VI to be appropriately designated and to read as follows:
"§514B- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a unit owner within the unit owner's unit or on any limited common element that is for the exclusive use of the unit owner.
(b) An association may adopt reasonable rules and regulations regarding the time, place, and manner of displaying the Hawaiian flag to protect a documented substantial interest of the association; provided that the restrictions shall include but not be limited to:
(1) The Hawaiian flag to be displayed shall be no larger than four feet by six feet in size;
(2) A flagpole erected on the property shall be no taller than twenty feet in height; and
(3) The display of the Hawaiian flag shall not obstruct neighboring views;
provided further that if the documented substantial interest is related to health or safety, the flagpole may be eliminated or have its height lowered and the size of the Hawaiian flag may be further restricted.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on September 9, 2129.
Report Title:
Hawaiian Flag; Display; Condominiums; Cooperative Housing Corporations; Planned Community Associations
Description:
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a documented substantial interest of the association or corporation. Authorizes cooperative housing corporations, planned community associations, and condominium associations to impose stricter size restrictions on Hawaiian flag displays or eliminate the flagpole or have its height lowered if the documented substantial interest is related to health or safety. Effective 9/9/2129. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2795 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
|
|
STATE OF HAWAII |
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|
|
|
|
|
|
|
||
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|
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A BILL FOR AN ACT
RELATING TO THE HAWAIIAN FLAG.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Ka Hae Hawaiʻi, the Hawaiian flag, has been an enduring symbol of the islands, representing Hawaiʻi and its people for more than two hundred years. Initially developed under Kamehameha Paiʻea Kūnuiākea, Kamehameha I, in 1816, the flag reflected the close, supportive relationship between Hawaiʻi and Great Britain.
The legislature further finds that the red, white, and blue striped flag with the Union Jack in the corner was amended slightly over the years before it was set as the official design, with the familiar look that we know now, by Ka ʻAhaʻōlelo o Ko Hawaiʻi Pae ʻĀina, the Hawaiian Kingdom legislature, in 1845. Ka Hae Hawaiʻi became a beloved and proud symbol of the people through five decades of Hawaiian Kingdom international diplomacy and domestic achievement.
The legislature also finds that on January 1, 1862, the Hawaiian-language newspaper Ka Nupepa Kuokoa printed a color Hae Hawaiʻi on the opening page of its New Year's issue, something never before seen in any nation and one of the first uses of color in a newspaper anywhere in the world. The paper ran a column alongside the flag declaring the people's pride in this important symbol.
The legislature additionally finds that holidays such as Lā Hoʻomanaʻo o Kamehameha I, Kamehameha Day; Lā Hoʻihoʻi Ea, Restoration of Sovereignty Day; and Lā Kūʻokoʻa, Independence Day, witnessed celebrations across the islands with event sites covered with thousands of Hae Hawaiʻi reflecting the pride and joy of the people. The Hawaiian flag became one of the core representations of the people's voice following the 1893 overthrow of the Hawaiian government with men and women wearing Hae Hawaiʻi hat bands and women creating Hae Hawaiʻi quilts. The Hawaiian flag would endure, being adopted by the provisional government of 1893, the Republic of 1894, the Territory of 1900, and the State of Hawaiʻi in 1959.
Today, in 2026, while the flag may represent different things to various people, it remains an historic and beloved symbol of Hawaiʻi nei for nearly all. The legislature notes that the Hawaiʻi State Constitution honors and protects Hawaiʻi's rich cultural heritage. The legislature also notes that the federal Freedom to Display the American Flag Act of 2005, P.L. 109-243, protects an individual's right to display the flag of the United States on residential property. The legislature finds that an individual's right to display the Hawaiian flag should be similarly protected.
Accordingly, the purpose of this Act is to further the State's unique and diverse cultural history, as well as an individual's right to free speech and cultural practices, by protecting the right to display the Hawaiian flag at an individual's home.
SECTION 2. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421I- Display of Hawaiian flag. (a) No corporation shall prohibit the display of the Hawaiian flag by a tenant shareholder within the shareholder's dwelling unit.
(b) A corporation may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a documented substantial interest of the corporation; provided that the restrictions shall include but not be limited to:
(1) The Hawaiian flag to be displayed shall be no larger than four feet by six feet in size;
(2) A flagpole erected on the property shall be no taller than twenty feet in height; and
(3) The display of the Hawaiian flag shall not obstruct neighboring views;
provided further that if the documented substantial interest is related to health or safety, the flagpole may be eliminated or have its height lowered and the size of the Hawaiian flag may be further restricted.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 3. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a member within the member's unit.
(b) An association may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a documented substantial interest of the association, and ensuring that size restrictions do not exceed a maximum of no larger than four foot by six foot flag size and the installation of a flagpole no higher than twenty feet in height, given that the positioning does not exceed this height and it will not obstruct neighboring views; provided that if the documented substantial interest is related to health or safety, the flagpole may be eliminated or have its height lowered and the size of the Hawaiian flag may be further restricted.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 4. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part VI to be appropriately designated and to read as follows:
"§514B- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a unit owner within the unit owner's unit or on any limited common element that is for the exclusive use of the unit owner.
(b) An association may adopt reasonable rules and regulations regarding the time, place, and manner of displaying the Hawaiian flag to protect a documented substantial interest of the association, and ensuring that size restrictions do not exceed a maximum of no larger than four foot by six foot flag size and the installation of a flagpole no higher than twenty feet in height, given that the positioning does not exceed this height and it will not obstruct neighboring views; provided that if the documented substantial interest is related to health or safety, the flagpole may be eliminated or have its height lowered and the size of the Hawaiian flag may be further restricted.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on September 9, 2129.
Report Title:
Hawaiian Flag; Display; Condominiums; Cooperative Housing Corporations; Planned Community Associations
Description:
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a documented substantial interest of the association and corporation. Authorizes cooperative housing corporations, planned community associations, and condominium associations to impose stricter size restrictions on Hawaiian flag displays or eliminate the flagpole or have its height lowered if the documented substantial interest is related to health or safety. Effective 9/9/2129. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2795 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE HAWAIIAN FLAG.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Ka Hae Hawaiʻi (the Hawaiian flag) has been an enduring symbol of the islands, representing Hawaiʻi and its people for more than two hundred years. Initially developed under Kamehameha Paiʻea Kūnuiākea (Kamehameha I) in 1816, the flag reflected the close, supportive relationship between Hawaiʻi and Great Britain.
The red, white, and blue striped flag with the Union Jack in the corner was amended slightly over the years before it was set as the official design, with the familiar look that we know now, by Ka ʻAhaʻōlelo o Ko Hawaiʻi Pae ʻĀina (the Hawaiian Kingdom legislature) in 1845. Ka Hae Hawaiʻi became a beloved and proud symbol of the people through five decades of Hawaiian Kingdom international diplomacy and domestic achievement.
On January 1, 1862, the Hawaiian-language newspaper Ka Nupepa Kuokoa printed a color Hae Hawaiʻi on the opening page of its New Year's issue, something never before seen in any nation and one of the first uses of color in a newspaper anywhere in the world. The paper ran a column alongside the flag declaring the people's pride in this important symbol.
Official holidays such as Lā Hoʻomanaʻo o Kamehameha I (Kamehameha Day), Lā Hoʻihoʻi Ea (Restoration of Sovereignty Day), and Lā Kūʻokoʻa (Independence Day) witnessed celebrations across the islands with event sites covered with thousands of Hae Hawaiʻi reflecting the pride and joy of the people.
The Hawaiian flag became one of the core representations of the people's voice following the 1893 overthrow of the Hawaiian government with men and women wearing Hae Hawaiʻi hat bands and women creating Hae Hawaiʻi quilts. The Hawaiian flag would endure, being adopted by the provisional government of 1893, the Republic of 1894, the Territory of 1900, and the State of Hawaiʻi in 1959.
Today, in 2026, while the flag may represent different things to various people, it remains an historic and beloved symbol of Hawaiʻi nei for nearly all. The legislature notes that the Hawaiʻi State Constitution honors and protects Hawaiʻi’s rich cultural heritage. The legislature also notes that the federal Freedom to Display the American Flag Act of 2005, P.L. 109-243, protects an individual's right to display the flag of the United States on residential property. The legislature finds that an individual's right to display the Hawaiian flag should be similarly protected.
Accordingly, the purpose of this Act is to further Hawaiʻi's unique and diverse cultural history, as well as an individual's right to free speech and cultural practices, by protecting the right to display the Hawaiian flag at an individual's home.
SECTION 2. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421I- Display of Hawaiian flag. (a) No corporation shall prohibit the display of the Hawaiian flag by a tenant shareholder within the shareholder's dwelling unit.
(b) A corporation may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the corporation; provided that the restrictions shall include but not be limited to:
(1) The Hawaiian flag to be displayed shall be no larger than four feet by six feet in size;
(2) A flag pole erected on the property shall be no taller than twenty feet in height; and
(3) The display of the Hawaiian flag shall not obstruct neighboring views.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 3. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a member within the member's unit.
(b) An association may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the association, and ensuring that size restrictions do not exceed a maximum of no larger than four foot by six foot flag size and the installation of a flagpole no higher than twenty feet in height, given that the positioning does not exceed this height and it will not obstruct neighboring views.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 4. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part VI to be appropriately designated and to read as follows:
"§514B- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a unit owner within the unit owner's unit or on any limited common element that is for the exclusive use of the unit owner.
(b) An association may adopt reasonable rules and regulations regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the association, and ensuring that size restrictions do not exceed a maximum of no larger than four foot by six foot flag size and the installation of a flagpole no higher than twenty feet in height, given that the positioning does not exceed this height and it will not obstruct neighboring views.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on September 9, 2129.
Report Title:
Hawaiian Flag; Display; Condominiums; Cooperative Housing Corporations; Planned Community Associations
Description:
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a substantial interest of the association and corporation. Effective 9/9/2129. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2795 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE HAWAIIAN FLAG.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Ka Hae Hawai`i (the Hawaiian flag) has been an enduring symbol of the islands, representing Hawai`i and its people for more than two hundred years. Initially developed under Kamehameha Pai`ea Kūnuiākea (Kamehameha I) in 1816, the flag reflected the close, supportive relationship between Hawai`i and Great Britain.
The red, white, and blue striped flag with the Union Jack in the corner was amended slightly over the years before it was set as the official design, with the familiar look that we know now, by Ka `Aha`ōlelo o Ko Hawai`i Pae `Āina (the Hawaiian Kingdom legislature) in 1845. Ka Hae Hawai`i became a beloved and proud symbol of the people through five decades of Hawaiian Kingdom international diplomacy and domestic achievement.
On January 1, 1862, the Hawaiian-language newspaper Ka Nupepa Kuokoa printed a color Hae Hawai`i on the opening page of its New Year's issue, something never before seen in any nation and one of the first uses of color in a newspaper anywhere in the world. The paper ran a column alongside the flag declaring the people's pride in this important symbol.
Official holidays such as Lā Ho`omana`o o Kamehameha I (Kamehameha Day), Lā Ho`iho`i Ea (Restoration of Sovereignty Day), and Lā Kū`oko`a (Independence Day) witnessed celebrations across the islands with event sites covered with thousands of Hae Hawai`i reflecting the pride and joy of the people.
The Hawaiian flag became one of the core representations of the people's voice following the 1893 overthrow of the Hawaiian government with men and women wearing Hae Hawai`i hat bands and women creating Hae Hawai`i quilts. The Hawaiian flag would endure, being adopted by the provisional government of 1893, the Republic of 1894, the Territory of 1900, and the State of Hawai`i in 1959.
Today, in 2026, while the flag may represent different things to various people, it remains an historic and beloved symbol of Hawai`i nei for nearly all. The legislature notes that the Hawai`i State Constitution honors and protects Hawai`i’s rich cultural heritage. The legislature also notes that the federal Freedom to Display the American Flag Act of 2005, P.L. 109-243, protects an individual's right to display the flag of the United States on residential property. The legislature finds that an individual's right to display the Hawaiian flag should be similarly protected.
Accordingly, the purpose of this Act is to further Hawai`i's unique and diverse cultural history, as well as an individual's right to free speech and cultural practices, by protecting the right to display the Hawaiian flag at an individual's home.
SECTION 2. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421I- Display of Hawaiian flag. (a) No corporation shall prohibit the display of the Hawaiian flag by a tenant shareholder within the shareholder's dwelling unit.
(b) A corporation may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the corporation.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 3. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§421J- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a member within the member's unit.
(b) An association may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the association.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 4. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part VI to be appropriately designated and to read as follows:
"§514B- Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a unit owner within the unit owner's unit or on any limited common element that is for the exclusive use of the unit owner.
(b) An association may adopt reasonable rules and regulations regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the association.
(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Hawaiian Flag; Display; Condominiums; Cooperative Housing Corporations; Planned Community Associations
Description:
Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, and manner restrictions on Hawaiian flag displays to protect a substantial interest of the association or corporation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Mar 20, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). |
| Mar 20, 2026 | Reported from CAA (Stand. Com. Rep. No. 1266-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC. |
| Mar 18, 2026 | The committee on CAA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Kapela, Kong, Garrett, Lee, M., Sayama, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 12, 2026 | Bill scheduled to be heard by CAA on Wednesday, 03-18-26 10:30AM in House conference room 309 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to CAA, CPC, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 295) in amended form (SD 2). |
| Mar 10, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3027) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 24, 2026 | The committee(s) on JDC will hold a public decision making on 03-03-26 10:15AM; Conference Room 016 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 20, 2026 | Reported from HWN/CPN (Stand. Com. Rep. No. 2641) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 6, 2026 | The committee(s) on HWN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HWN were as follows: 5 Aye(s): Senator(s) Richards, Lamosao, Ihara, Keohokalole, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 6, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 30, 2026 | The committee(s) on HWN/CPN has scheduled a public hearing on 02-06-26 9:30AM; CR 229 & Videoconference. |
| Jan 30, 2026 | Referred to HWN/CPN, JDC. |
| Jan 26, 2026 | Passed First Reading. |
| Jan 23, 2026 | Introduced. |
|
Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Mar 18, 2026 | The committee on CAA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Culture & Arts |
Passed |
|
| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
|
| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Feb 6, 2026 | The committee(s) on HWN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Hawaiian Affairs |
Passed |
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| Feb 6, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Ho'omana Pono, LLC | ** Support | |
| Ho`omana Pono, LLC | *** Support | Feb 6, 2026 |
| Office of Hawaiian Affairs | *** Support | Mar 18, 2026 |
| Waianae Coast Community Foundation | ** Support |
STAND. COM. REP. NO. 3027
Honolulu, Hawaii
RE: S.B. No. 2795
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2795, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE HAWAIIAN FLAG,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property; and
(2) Allow reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a substantial interest of the association and corporation.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs and four individuals.
Your Committee received comments on this measure from the Community Association Institute.
Your Committee finds that the Hawaiian flag reflects a legacy of sovereign governance and international diplomacy and remains a cherished symbol of Hawaiian history, culture, and identity. Thus, it is reasonable to protect the right to display the Hawaiian flag in accordance with fundamental rights to free speech and political protest. This measure recognizes the cultural and historical significance of the Hawaiian flag and prohibits housing corporations and associations from imposing blanket bans on its display.
Your Committee acknowledges the concern raised in testimony that the height of the flag may be too high and the size of the flag may be too large to be safe in certain circumstances. Accordingly, amendments to this measure are necessary to address this concern.
Your Committee has amended this measure by:
(1) Specifying that the substantial interest that cooperative housing corporations, planned community associations, and condominium associations may protect by establishing reasonable restrictions be a documented substantial interest;
(2) Inserting language to specify that cooperative housing corporations, planned community associations, and condominium associations may impose stricter size restrictions on Hawaiian flag displays or eliminate the flagpole or have its height lowered if the documented substantial interest is related to health or safety; and
(3) 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. 2795, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2795, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2641
Honolulu, Hawaii
RE: S.B. No. 2795
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Hawaiian Affairs and Commerce and Consumer Protection, to which was referred S.B. No. 2795 entitled:
"A BILL FOR AN ACT RELATING TO THE HAWAIIAN FLAG,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property; and
(2) Allow reasonable time, place, and manner restrictions on Hawaiian flag displays to protect a substantial interest of the association or corporation.
Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs; Ho'omana Pono, LLC; Waianae Coast Community Foundation; and eight individual.
Your Committees received testimony in opposition to this measure from three individuals.
Your Committees received comments on this measure from the Community Association Institute Hawaii Chapter and Associa.
Your Committees find that individuals may experience unequal restrictions from their condominium, housing corporations, and community associations when displaying the Hawaiian flag compared to the United States flag. Your Committees further find that it may be necessary to restrict the size and height of the Hawaiian flag on display to protect the interests of corporations, associations, and neighboring views. This measure affirms the historical and cultural significance of the Hawaiian flag, ensures equal treatment with the United States flag by preventing housing corporations and associations from imposing blanket bans on the Hawaiian flag and allowing for reasonable regulations to protect property management interests.
Your Committees have amended this measure by:
(1) Inserting language to require that the Corporation's restrictions on the display of the Hawaiian flag include a size limit of four feet by six feet, a height limit of a flag pole of twenty feet, and the stipulation that the display does not obstruct neighboring views; and
(2) Inserting an effective date of September 9, 2129, to encourage further discussion.
As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2795, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2795, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Commerce and Consumer Protection,
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________________________________ JARRETT KEOHOKALOLE, Chair |
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________________________________ HERBERT M. RICHARDS, III, Chair |
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Date
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Testimony PDF
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|---|---|
| Mar 18, 2026 | SB2795_SD2_TESTIMONY_CAA_03-18-26_.PDF |
| Feb 28, 2026 | SB2795_SD1_TESTIMONY_JDC_03-03-26_.PDF |
| Feb 6, 2026 | SB2795_TESTIMONY_CPN-HWN_02-06-26_.PDF |
Discussed in Hearing
57SEC
House Standing Committee on Culture & Arts
1MIN
Senate Standing Committee on Judiciary
3MIN
Senate Standing Committee on Commerce and Consumer Protection
3MIN
Senate Standing Committee on Hawaiian Affairs
3MIN
Senate Standing Committee on Health and Human Services
3MIN
Senate Standing Committee on Labor and Technology
1MIN
Senate Standing Committee on Commerce and Consumer Protection
1MIN
Senate Standing Committee on Hawaiian Affairs
Bill Author
Bill Co-Author(s):