Bill Text: HI SB1413 | 2021 | Regular Session | Amended
Bill Title: Relating To The Hawaiian Language.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2021-03-19 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Todd excused (1). [SB1413 Detail]
Download: Hawaii-2021-SB1413-Amended.html
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THE SENATE |
S.B. NO. |
1413 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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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 article X, section 4, of the Hawaii State Constitution provides that "[t]he State shall promote the study of Hawaiian culture, history and language." The legislature further finds that article XV, section 4, of the Hawaii State Constitution establishes Hawaiian as one of two official languages of the State. In recognition of these distinctions, the legislature finds that the Hawaiian language should be featured prominently in communications of specified state officials.
Accordingly, the purpose of this Act is to require that the official stationery and website of designated state officials include the Hawaiian translation of the office's or department's name.
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. Hawaiian shall not be required for public
acts and transactions[.]; provided that if Hawaiian words or names
are included in such documents, then section 1-13.5 shall apply."
SECTION 3 Section 1-13.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§1-13.5[]] Hawaiian language; spelling.
[Macrons and glottal stops may be used in the spelling of words or terms
in the Hawaiian language in] (a) Effective
January 1, 2022, all documents and letterheads prepared by or for
state or county agencies or officials[.], to the extent that the documents
and letterheads contain Hawaiian language words or names, shall include accurate,
appropriate, and authentic Hawaiian names and words, including
proper Hawaiian spelling and punctuation, including but not limited to macrons
and glottal stops that punctuate the English word to which they relate;
provided that any revision to conform any document or letterhead existing on or
before January 1, 2022, to the requirements of this section, may be implemented
when the document or letterhead requires replacement or reprinting, or
otherwise requires revision. Any rule, order, policy, or other act, official
or otherwise, that prohibits or discourages the use of [these symbols] accurate,
appropriate, and authentic Hawaiian names and words, as required by this section,
shall be void.
(b) Hawaiian names and words shall be deemed accurate, appropriate, and authentic when printed in conformance with:
(1) "Hawaiian
Dictionary: Hawaiian-English,
English-Hawaiian", by Mary Kawena Pukui and Samuel H. Elbert, University
of Hawai‘i
Press, copyright 1986;
(2) "Māmaka Kaiao: A Modern Hawaiian Vocabulary", developed by the Kōmike Hua‘ōlelo, the Hawaiian Lexicon Committee; or
(3) "Place Names of Hawaii", by Mary
Kawena Pukui, Samuel H. Elbert, and Esther T. Mookini, University of Hawai‘i Press, copyright 1974.
(c) Any Hawaiian names and words that are misspelled or incorrectly punctuated within a document or letterhead subject to this section shall not be deemed to invalidate the document or render it unenforceable. No cause of action shall arise against the State, any county, or any state or county agency, official, or employee for any Hawaiian names and words that are misspelled or incorrectly punctuated."
SECTION 4. Section 5-6.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§5-6.5[]]
State language. (a) The Hawaiian language is the native language of Hawaii and [may],
effective January 1, 2022, shall be used on all emblems and symbols
representative of the State, its departments, agencies, and political
subdivisions[.]; provided that for emblems and symbols existing prior
to January 1, 2022, conformance with this section may be delayed until a replacement
for the emblem or symbol otherwise is required.
(b) The governor, lieutenant governor, state legislators,
and heads of the principal departments shall prominently display a Hawaiian translation
of the name of their office or department at least once on the main page of their
official website and in the letterhead of their stationery. The University of Hawaii Ka Haka
‘Ula o Ke‘elikōlani or Kawaihuelani Center
for Hawaiian Language may consult with each
office or department prior to implementing the translation on the appropriate use
of the Hawaiian language and its spelling. The University of Hawaii shall consult with native
speakers to determine the appropriate use of the Hawaiian language and its spelling
in translations.
(c) The Hawaiian language as used on all emblems and symbols shall conform to the requirements of section 1-13.5(b).
(d) This section shall not be construed to require that the full text of legislative bills and other official documents to be written in Hawaiian."
(e) For the purpose of this section, "native speaker" are speakers of Hawaiian language who come from an unbroken lineage of primary speakers of Hawaiian language."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that any revision to conform letterhead that was printed prior to the effective date of this Act need not be implemented until the letterhead requires replacement or reprinting.
Report Title:
Hawaiian Language; Official Websites and Letterhead of State Officials; Translation
Description:
Requires the governor, lieutenant governor, state legislators, and heads of principal departments to prominently display a Hawaiian language translation of the name of their office or department at least once on the main page of their official website and in the letterhead of their stationery. Requires all letterheads, documents, symbols, and emblems of the State and other political subdivisions that include Hawaiian words or names to include accurate and appropriate Hawaiian names, spelling, and punctuation. Establishes references for accurate, appropriate, and authentic Hawaiian names and words, including proper Hawaiian spelling and punctuation. Clarifies that the full text of bills and other official documents are not required to be written in Hawaiian and that misspelled or incorrectly punctuated Hawaiian words and names shall not invalidate the documents or render them unenforceable and no cause of action shall arise accordingly. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
