SR 23: Urging the Hawaiʻi state ethics commission to recognize and affirm the exemption of CULTURALLY significant and customary gifts from gift restrictions and reporting requirements under chapter 84, hawaii revised statutes.

SENATE RESOLUTION

Urging the Hawaiʻi state ethics commission to recognize and affirm the exemption of CULTURALLY significant and customary gifts from gift restrictions and reporting requirements under chapter 84, hawaii revised statutes.

     WHEREAS, chapter 84, Hawaii Revised Statutes, was enacted to preserve public trust, ensure transparency in government operations, and prevent improper influence on public officers and employees; and

     WHEREAS, the giving and receiving of culturally significant items, including lei, traditional foods, paʻakai (Hawaiian salt), and other customary materials, are longstanding expressions of aloha, respect, gratitude, and protocol deeply rooted in Native Hawaiian and other cultural practices of the State; and

     WHEREAS, these practices enrich civic life, strengthen community relationships, and facilitate meaningful cultural exchange reflective of the diversity and heritage of the State; and

     WHEREAS, requiring public officers and employees to assign monetary value to such culturally significant gifts, or treat them as commercial gifts subject to reporting requirements, has created confusion, administration burden, and an unintended deterrent to cultural participation; and

     WHEREAS, such requirements may inhibit the free exercise of cultural expression in public and civic settings, contrary to the values and traditions of the people of the State; and

     WHEREAS, culturally significant and customary gifts are not given with the intent to influence official action, but rather serve as expressions of respect, protocol, and community connection; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the Hawaiʻi State Ethics Commission is urged to formally recognize that the receipt or exchange of culturally significant and customary gifts shall not constitute a prohibited or reportable gift under chapter 84, Hawaii Revised Statutes, when not given with the intent to influence official action; and

     BE IT FURTHER RESOLVED that culturally significant and customary gifts include but are not limited to:

     (1)  Lei or garlands made of flowers, leaves, shells, seeds, or similar materials;

     (2)  Traditional or customary foods prepared or shared in accordance with cultural practice;

     (3)  Paʻakai (Hawaiian salt) and other traditional cultural materials exchanged as expressions of respect, protocol, or aloha; and

     (4)  Other items of similar cultural nature that are not given with the intent to influence official action; and

     BE IT FURTHER RESOLVED that this body affirms that such cultural practices are vital expressions of community, respect, and identity, and should not be treated as improper influence under ethics laws; and

     BE IT FURTHER RESOLVED that this body encourages the Hawaiʻi State Ethics Commission to issue clear advisory guidelines to public officers and employees to ensure consistent and culturally appropriate application of ethics laws; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Executive Director of the Hawaiʻi State Ethics Commission and members of the Hawaiʻi State Ethics Commission.

Report Title: 

Hawaiʻi State Ethics Commission; Cultural Practices; Gift Restrictions; Reporting Requirements

SENATE RESOLUTION

sUPPORTING the native hawaiian intellectual property working group's request for resources and timeline extension for fiscal year 2026-2027.

     WHEREAS, the State has a unique constitutional mandate under Article XII, Section 7, Hawaii State Constitution to protect and preserve the rights of Native Hawaiians, including cultural and traditional rights, making the preservation of Native Hawaiian intellectual property a responsibility of the State; and

     WHEREAS, the Native Hawaiian Intellectual Property Working Group (Working Group) was established by H.C.R. No. 108, H.D. 1, S.D. 1 (2023), to address the complexities of protecting Native Hawaiian intellectual property, with a composition that includes representatives from respected Native Hawaiian organizations, including the Office of Hawaiian Affairs, State Foundation on Culture and the Arts, Native Hawaiian Legal Corporation, Ka Huli Ao Center for Excellence in Native Hawaiian Law, Kāhuli Leo Leʻa, ʻIhikapalaumaewa Foundation, Kawaihuelani Center for Hawaiian Language, and Association of Hawaiian Civic Clubs; and

     WHEREAS, the Working Group was tasked with creating and developing solutions to prevent Native Hawaiian intellectual property from being incorrectly appropriated and was requested to submit its recommendations, including any proposed legislation, to the Legislature no later than forty days prior to the convening of the Regular Session of 2025; and

     WHEREAS, the Working Group requires additional time and resources to conduct culturally appropriate community consultations, which are critical for ensuring that solutions reflect the collective aspirations, insights, and concerns of Native Hawaiians; and

     WHEREAS, extending resources to the Working Group aligns with the State's commitment to reconciliation and justice for Native Hawaiian people by actively supporting their self‑determination and control over cultural assets; and

     WHEREAS, studies have shown that indigenous communities that retain control over their cultural resources experience greater economic stability, community resilience, and cultural vibrancy, all of which are essential to the well-being of Native Hawaiian communities; and

     WHEREAS, the State's economy benefits from Hawaiian culture as a central part of its tourism industry, with $5,600,000,000 in gross domestic product deriving from Hawaii's creative industries, making it imperative to preserve the integrity of Native Hawaiian intellectual property to ensure cultural authenticity and respect; and

     WHEREAS, this body acknowledges the importance of the Working Group's mission and the complexity of their work, which requires sufficient time and resources to ensure thorough and meaningful outcomes for the Native Hawaiian community; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that this body supports the Native Hawaiian Intellectual Property Working Group's request for resources and timeline extension for fiscal year 2026-2027; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Native Hawaiian Intellectual Property Working Group.

Report Title: 

Native Hawaiian Intellectual Property Working Group; Request