SB 3250: Liberty and Justice Day; Day of Observance; March 5; Flags

A BILL FOR AN ACT

RELATING TO LIBERTY AND JUSTICE DAY.

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

     SECTION 1.  The legislature finds that the Declaration of Independence proclaims as self-evident that all people are endowed with unalienable rights, including rights to life, liberty, and the pursuit of happiness.  These rights are manifest in the Bill of Rights enshrined in the United States Constitution.  To secure these rights, governments derive their just powers from the consent of the governed.  Whenever any form of government becomes destructive toward these ends, it is the right and the duty of the people to alter or abolish that form of government and to provide new guards for their future security.

     The legislature finds that constitutional rights and democracy are eroded when government power goes unchecked or without accountability.  Ensuring liberty and justice requires eternal vigilance and the reaffirmation of consent by the people freely exercising the rights that the United States Constitution guarantees to them, especially the right to protest when a government attempts to curtail those constitutionally guaranteed rights.

     The legislature finds that there is a long history of government-sponsored abuses and usurpations of power afflicting the rights of the people.  These abuses and usurpations have only been corrected when the government has been held accountable.

     On March 5, 1770, British soldiers fired into a crowd of people in Boston, killing five individuals and catalyzing widespread protests that led to the American Revolution, Declaration of Independence, and the enumeration of rights, due process, justice, and checks and balances being enshrined in the United States Constitution.

     Numerous incidents of government violence, injustice, and oppression have occurred since that time, including such notable examples as the forced internment of Japanese Americans during World War II, intimidation and arrest of civil rights advocates, shootings of protesting college students at Kent State University, unjustified use of force by law enforcement officers throughout the country, and, more recently, the arrest or deportation of citizens and immigrants without due process and acts of unjustified violence by federal agents and agencies without independent investigation or an ability to hold these agents and agencies accountable.

     The legislature finds that establishing a day of liberty and justice will serve as a solemn reminder that the preservation of freedom requires continued vigilance against the abuse of government authority, particularly when directed at people engaging in civic participation or dissent.  This observance would recognize that the exercise of constitutional rights, especially speech, protest, and assembly, must never be met with violence, repression, or punishment by the government.

     The legislature further finds that Liberty and Justice Day would serve as a memorial to those who have suffered or died as a result of government-sponsored violence, injustice, and oppression.  Its observance would also acknowledge that when a government violates constitutional rights and is not held accountable, the harm is not only personal and tragic but also corrosive to democracy itself.  Finally, Liberty and Justice Day would reaffirm the duty of a free people to ensure that no person is deprived of the unalienable rights guaranteed to them by the United States Constitution and that those responsible for violating those rights must be held accountable.

     Accordingly, the purpose of this Act is to establish Liberty and Justice Day, to be recognized on March 5 of every year.

     SECTION 2.  Chapter 8, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§8‑     Liberty and Justice Day.  March 5 of every year shall be known and designated as "Liberty and Justice Day"; provided that this day is not and shall not be construed to be a state holiday.  All flags flown on the grounds of state lands shall be flown at half-staff on Liberty and Justice Day to recognize lives lost as a result of government-sponsored violence, injustice, or oppression.  The day shall be commemorated to reaffirm the duty of a free people to ensure that no person is deprived of the unalienable rights guaranteed to them by the United States Constitution and that anyone responsible for violating those rights shall be held accountable and to honor and remember those who have suffered or whose lives were lost as a result of government-sponsored violence, injustice, or oppression."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Liberty and Justice Day; Day of Observance; March 5; Flags

Description:

Designates March 5 of every year as Liberty and Justice Day.  Requires all flags flown on state lands to be flown at half-staff on Liberty and Justice Day.  (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 LIBERTY AND JUSTICE DAY.

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

     SECTION 1.  The legislature finds that the Declaration of Independence proclaims as self-evident that all people are endowed with unalienable rights, including rights to life, liberty, and the pursuit of happiness.  These rights are manifest in the Bill of Rights enshrined in the United States Constitution.  To secure these rights, governments derive their just powers from the consent of the governed.  Whenever any form of government becomes destructive toward these ends, it is the right and the duty of the people to alter or abolish that form of government and to provide new guards for their future security.

     The legislature finds that constitutional rights and democracy are eroded when government power goes unchecked or without accountability.  Ensuring liberty and justice requires eternal vigilance and the reaffirmation of consent by the people freely exercising the rights that the United States Constitution guarantees to them, especially the right to protest when a government attempts to curtail those constitutionally guaranteed rights.

     The legislature finds that there is a long history of government-sponsored abuses and usurpations of power afflicting the rights of the people.  These abuses and usurpations have only been corrected when the government has been held to account.

     On March 5, 1770, government soldiers fired into a crowd of people in Boston, killing five individuals and catalyzing widespread protests that led to the American Revolution, Declaration of Independence, and the enumeration of rights, due process, justice, and checks and balances being enshrined in the United States Constitution.

     Numerous incidents of government violence, injustice, and oppression have occurred since that time, including such notable examples as the forced internment of Japanese Americans during World War II, the intimidation and arrest of civil rights advocates, shootings of protesting college students at Kent state university, the unjustified use of force by law enforcement officers throughout the country, and, more recently, the arrest or deportation of citizens and immigrants without due process, and acts of unjustified violence by federal agents and agencies without independent investigation or an ability to bring these agents and agencies to account.

     The legislature finds that establishing a day of liberty and justice will serve as a solemn reminder that the preservation of freedom requires continued vigilance against the abuse of government authority, particularly when directed at people engaging in civic participation or dissent.  This observance would recognize that the exercise of constitutional rights, especially speech, protest, and assembly, must never be met with violence, repression, or punishment by the government.

     The legislature further finds that Liberty and Justice Day would serve as a memorial to all those who have suffered or died as a result of government-sponsored violence, injustice, and oppression.  Its observance would also acknowledge that when a government violates constitutional rights and is not held accountable, the harm is not only personal and tragic but also corrosive to democracy itself.  Finally, Liberty and Justice Day would reaffirm the duty of a free people to ensure that no person is deprived of the unalienable rights guaranteed to them by the United States Constitution, and that those responsible for violating those rights must be held to account.

     Accordingly, the purpose of this Act is to establish Liberty and Justice Day, to be recognized on March 5 of every year.

     SECTION 2.  Chapter 8, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§8‑    Liberty and Justice Day.  March 5 of every year shall be known and designated as "Liberty and Justice Day"; provided that this day is not and shall not be construed to be a state holiday.  All flags flown on the grounds of state lands shall be flown at half-staff on Liberty and Justice Day to recognize lives lost as a result of government-sponsored violence, injustice, or oppression.  The day shall be commemorated to reaffirm the duty of a free people to ensure that no person is deprived of the unalienable rights guaranteed to them by the United States Constitution and that anyone responsible for violating those rights is held to account; and to honor and remember those who have suffered or whose lives were lost as a result of government-sponsored violence, injustice, or oppression."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Liberty and Justice Day; Day of Observance; March 5; Flags

Description:

Designates March 5 of every year as Liberty and Justice Day.  Requires all flags flown on state lands to be flown at half-staff on Liberty and Justice Day.  (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 LIBERTY AND JUSTICE DAY.

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

     SECTION 1.  The legislature finds that the Declaration of Independence proclaims as self-evident that all people are endowed with unalienable rights, including rights to life, liberty, and the pursuit of happiness.  These rights are manifest in the Bill of Rights enshrined in the United States Constitution.

     To secure these rights, governments derive their just powers from the consent of the governed.  Whenever any form of government becomes destructive toward these ends, it is the right and the duty of the people to alter or abolish that form of government and to provide new guards for their future security.

     The legislature finds that constitutional rights and democracy are eroded when government power goes unchecked or without accountability.  Ensuring liberty and justice requires eternal vigilance and the reaffirmation of consent by the people freely exercising the rights that the United States Constitution guarantees to them, especially the right to protest when a government attempts to curtail those constitutionally guaranteed rights.

     The legislature finds that there is a long history of government-sponsored abuses and usurpations of power afflicting the rights of the people.  These abuses and usurpations have only been corrected when the government has been held to account.

     On March 5, 1770, government soldiers fired into a crowd of people in Boston, killing five individuals and catalyzing widespread protests that led to the American Revolution, Declaration of Independence, and the enumeration of rights, due process, justice, and checks and balances being enshrined in the United States Constitution.

     Numerous incidents of government violence, injustice, and oppression have occurred since that time, including such notable examples as the forced internment of Japanese Americans during World War II, the intimidation and arrest of civil rights advocates, shootings of protesting college students at Kent state university, the unjustified use of force by law enforcement officers throughout the country, and, more recently, the arrest or deportation of citizens and immigrants without due process, and acts of unjustified violence by federal agents and agencies without, independent investigation or an ability to bring these agents and agencies to account.

     The legislature finds that establishing a day of liberty and justice will serve as a solemn reminder that the preservation of freedom requires continued vigilance against the abuse of government authority, particularly when directed at people engaging in civic participation or dissent.  This observance would recognize that the exercise of constitutional rights, especially speech, protest, and assembly, must never be met with violence, repression, or punishment by the government.

     The legislature further finds that Liberty and Justice Day would serve as a memorial to all those who have suffered or died as a result of government-sponsored violence, injustice, and oppression.  Its observance would also acknowledge that when a government violates constitutional rights and is not held accountable, the harm is not only personal and tragic but also corrosive to democracy itself.  Finally, Liberty and Justice Day would reaffirm the duty of a free people to ensure that no person is deprived of the unalienable rights guaranteed to them by the United States Constitution, and that those responsible for violating those rights must be held to account.

     Accordingly, the purpose of this Act is to establish Liberty and Justice Day, to be recognized on March 5 of every year.

     SECTION 2.  Chapter 8, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§8-     Liberty and Justice Day.  March 5 of every year shall be known and designated as "Liberty and Justice Day"; provided that this day is not and shall not be construed to be a state holiday.  The day shall be commemorated to reaffirm the duty of a free people to ensure that no person is deprived of the unalienable rights guaranteed to them by the United States Constitution and that anyone responsible for violating those rights is held to account; and to honor and remember those who have suffered or whose lives were lost as a result of government-sponsored violence, injustice, or oppression."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Liberty and Justice Day; Day of Observance; March 5

Description:

Designates March 5 of every year as Liberty and Justice Day.

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. 2960

Honolulu, Hawaii

RE:     S.B. No. 3250

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 3250 entitled:

"A BILL FOR AN ACT RELATING TO LIBERTY AND JUSTICE DAY,"

begs leave to report as follows:

     The purpose and intent of this measure is to designate March 5 of every year as Liberty and Justice Day.

     Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawaiʻi and one individual.

     Your Committee finds that democracy is eroded when government power goes unchecked and the people fail to exercise the rights afforded to them by the United State Constitution.  Your Committee also recognizes the long history of government-sponsored violence, injustice, and oppression, including the forced internment of Japanese Americans during World War II and the recent arrests and deportations of citizens and immigrants without due process.  Your Committee believes that establishing a day of liberty and justice will serve as a solemn reminder that the preservation of freedom requires constant vigilance on the part of the public.  This measure will celebrate the free and safe exercise of constitutional rights by the people and serve as a memorial to all who suffered or died because of government oppression.

     Your Committee has amended this measure by:

     (1)  Inserting language requiring that all flags flown on the grounds of state lands to be flown at half-staff during Liberty and Justice Day to recognize lives lost as a result of government-sponsored violence, injustice, or oppression; 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 Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3250, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3250, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,