HB1946 HD1

SECTION 1. The legislature finds that the Constitution of the State of Hawai‘i provides for the preservation and promotion of native Hawaiian culture, history, and language. For example, article X, section 4, provides that "The State shall promote the study of Hawaiian culture, history and language." Article XIII, section 7, provides that "The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes" of native Hawaiians. Because maintaining a living language is an integral component of preserving a culture, it is also important to note that article XV, section 4, reestablishes that "English and Hawaiian shall be the official languages of Hawaii."

Since 1978, when the State reaffirmed Hawaiian as one of its official languages, the legislature has backed efforts to incorporate the language into official state writings, emblems, and signs. Ensuring that these public inscriptions are mandatory, accurate, spelled correctly, and use the proper Hawaiian macrons and glottal stops not only shows the deserved respect for the native language of these islands, but also fully comports with the intent and words of the state constitution.

The purpose of this Act is to ensure the constitutionally and ethically mandated preservation of the native Hawaiian language and culture by requiring that all state and county documents and letterheads, when newly created or reprinted, contain the accurate, appropriate, and authentic Hawaiian names and language printed above the English translations.

SECTION 2. 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~~] All documents prepared by or for state or county agencies or officials[.] shall include the accurate, appropriate, and authentic Hawaiian names and language, including proper Hawaiian punctuation, spelling, macrons, and glottal stops, printed above the English translation; provided that this requirement shall not apply to a document or letterhead existing on the effective date of this Act until a replacement for the document or letterhead is required; provided further that an agency's or official's unintentional failure to comply with this requirement shall not invalidate an otherwise legal and binding document, and that such failure shall not create or be the basis for a claim or action against the agency or official, or between any other persons or entities. Any rule, order, policy, or other act, official or otherwise, that prohibits or discourages the use of these symbols shall be void."

SECTION 3. Section 5‑6.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§5‑6.5[]] State language. The Hawaiian language is the native language of [~~Hawaii~~] Hawai‘i and [~~may~~] shall be used on all emblems and symbols representative of the State, its departments, agencies, and political subdivisions[.]; provided that this requirement shall not apply to a document or letterhead existing on the effective date of this Act until a replacement for the document or letterhead is required."

SECTION 4. Hawaiian language interim task force. (a) There is established the Hawaiian language interim task force, to be administratively attached to the department of accounting and general services, for the purposes of developing an implementation plan to achieve the purposes of this Act. The task force shall be composed of nine members to be appointed as follows:

(1) One representative from the University of Hawai‘i at

Mānoa Hawaiian language department;

(2) One representative from the University of Hawai‘i at

Hilo college of Hawaiian language;

(3) One representative from Hale Kuamo‘o;

(4) One representative from ‘Aha Hui ‘Ōlelo Hawai‘i;

(5) One representative from the department of accounting

and general services;

(6) One representative from the Hawai‘i state association

of counties;

(7) One representative from the Bishop Museum; and

(8) Two manaleo, native Hawaiian language speakers, who

shall be chosen by the governor.

The representative from the Bishop Museum shall serve as chair of the task force and shall make appointments to the task force from lists provided by the organizations identified in this section; provided that, to the extent practicable, the members shall represent the diversity of Hawaiian language as it is spoken throughout the state.

(b) The appointments shall be made and the task force shall be convened no later than July 1, 2007. The task force shall develop an implementation plan and identify an official Hawaiian language authority that shall be considered the official reference to be used by state and county agencies in the implementation of this Act. In selecting an official reference, the task force shall consider the Hawaiian Dictionary: Hawaiian‑English, English‑Hawaiian, by Mary Kawena Pukui and Samuel H. Elbert, copyright 1986, University of Hawai‘i Press and Māmaka Kaiao developed by Komike Hua‘ōlelo, the Hawaiian Lexicon Committee.

(c) The task force shall submit to the legislature, the governor, and the mayors of the respective counties a report, including the implementation plan adopted pursuant to this Act, no later than twenty days prior to the convening of the 2008 regular legislative session. The report shall include:

(1) The identification of resources necessary for the implementation of this Act, including information technology software and the costs of the software; and

(2) A recommendation on official references for state and county officials to use to incorporate accurate, appropriate, and authentic Hawaiian names, punctuation, spelling, and macrons and glottal stops into any documents state and county officials prepare and distribute.

The legislature shall review the recommendation under paragraph (2) and adopt, by resolution or bill, the references to be used to comply with section 1-13.5 and section 5-6.5, Hawaii Revised Statutes.

SECTION 5. There is appropriated out of the general revenues of the State of Hawai‘i the sum of $200,000 or so much thereof as may be necessary for fiscal year 2007-2008 for the establishment of the Hawaiian language interim task force.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that sections 4 and 5 shall take effect on July 1, 2007, and that sections 2 and 3 shall take effect on July 1, 2008.

HOUSE OF REPRESENTATIVES	H.B. NO.	1946
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII