SB1052 SD2

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, "[t]he State shall promote the study of Hawaiian culture, history and language." Article XIII, section 7, Constitution of the State of Hawai`i, provides, "[T]he 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, of the Constitution of the State of Hawai`i, 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, and 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 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; letterheads; spelling. [~~Macrons and glottal stops may be used in the spelling of words or terms in the Hawaiian language in~~] All letterheads for documents prepared by or [~~for~~] on behalf of state or county agencies or officials[.] shall include in the letterhead, if the letterhead contains Hawaiian names or language, 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 letterhead existing on the effective date of this Act until a replacement for the letterhead is required; and provided further that this requirement shall not apply to state artwork or to the hanging state emblem in the rotunda of the state capitol. 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 state or county letterheads containing Hawaiian names or language and existing on the effective date of this Act until a replacement for the 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 purpose of developing an implementation plan to achieve the purposes of this Act. To the extent practicable, the task force members shall represent the diversity of Hawaiian language as it is spoken throughout the State. The task force shall be composed of nine members to be chosen as follows:

(1) The Bishop Museum shall select, and the governor shall formally appoint:

(A) One representative of the University of Hawaii from a list of nominees submitted by the University of Hawai`i at Mānoa Hawaiian language department;

(B) One representative of the University of Hawai`i at Hilo college of Hawaiian language from a list of nominees submitted by the University of Hawai`i at Hilo college of Hawaiian language;

(D) One representative of by `Aha Hui `Ōlelo Hawai`i from a list of nominees submitted by `Aha Hui `Ōlelo Hawai`i;

(E) One representative of the department of accounting and general services from a list of nominees submitted by the department of accounting and general services;

(F) One representative of the counties from a list of nominees submitted by the Hawai`i state association of counties;

(G) One representative of the Bishop Museum; and

(2) The Bishop Museum shall submit to the governor the list of members chosen from each representative group and the governor shall appoint those individuals as members of the task force. The governor shall select and appoint as members two manaleo, native Hawaiian language speakers, one from a list submitted by the president of the senate and one from a list submitted by the speaker of the house of representatives. The representative from the Bishop Museum shall serve as chair of the task force.

(b) The appointments shall be made and the task force shall be convened no later than August 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 members of the task force shall not receive compensation for their service, but may be reimbursed for reasonable expenses, including travel expenses, incurred in the performance of their task force duties.

(d) 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 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;

(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 official state and county document letterheads; and

(3) Recommendations on expanding the proper usage of the Hawaiian language in government, the community, and the greater society of Hawai`i.

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

(e) The Hawaiian language interim task force shall cease to exist on July 1, 2008.

SECTION 5. There is appropriated out of the general revenues of the State of Hawai‘i the sum of $ , 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 on July 1, 2007.

THE SENATE	S.B. NO.	1052
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII