HOUSE OF REPRESENTATIVES	H.B. NO.	109
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 3
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

RELATING TO HAWAIIAN LANGUAGE.

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

     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.  Article X, section 4, of the Hawaii state constitution provides that "[t]he State shall promote the study of Hawaiian culture, history and language."  Article XII, section 7, of the Hawaii state constitution provides that "[t]he State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights."  Because maintaining a living language is an integral component of preserving a culture, article XV, section 4, of the Hawaii state constitution establishes that English and Hawaiian are the official languages of Hawai‘i.

     Since 1978, the State has reaffirmed Hawaiian as one of its official languages, and the legislature has supported efforts to incorporate the Hawaiian language into official state writings, emblems, and signs.  The State has ensured that these public inscriptions are mandatory, accurate, and spelled correctly.  The use of 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 purpose of the state constitution.

     The purpose of this Act is to ensure the constitutionally- and ethically-mandated preservation of the Hawaiian language and culture by requiring that state and county letterheads, symbols, and emblems, when newly created, replaced, or reprinted, contain accurate, appropriate, and authentic Hawaiian names and language.

     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 documents] (a)  Effective January 1, 2015, all letterheads prepared by or for state or county agencies or officials[.] that contain Hawaiian names or words shall use the accurate, appropriate, and authentic Hawaiian spelling of the names and words, including proper Hawaiian punctuation such as macrons and glottal stops that punctuate the English word to which they relate; provided that any revision to any letterhead existing on or before January 1, 2015, to comply with the requirements of this section may be implemented when the 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;

(3) "Place Names of Hawaii", by Mary Kawena Pukui, Samuel H. Elbert, and Esther T. Mookini, University of Hawai‘i Press, copyright 1974;

(4) Any other commonly used Hawaiian-language dictionary, including dictionaries that account for the unique characteristics of the Ni‘ihau dialect and other Hawaiian dialects; or

(5) Consultations from members of the Hawaiian-speaking language community, including individuals who are fluent in the Ni‘ihau dialect and other Hawaiian dialects.

(c)  The department of accounting and general services shall develop a procedure by rule to verify that all Hawaiian names and words included in any state or county letterhead, symbol, or emblem are in conformance with subsection (b)."

     SECTION 3.  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] Hawai‘i and [may], effective January 1, 2015, 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 on or before January 1, 2015, conformance with this section may be delayed until a replacement for the emblem or symbol otherwise is required.

(b)  The Hawaiian language as used on all emblems and symbols shall be in conformance with the requirements of section 1-13.5."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Hawaiian Language; Public Documents; Letterhead

Description:

Requires that all Hawaiian names and words included in letterheads, symbols, and emblems of the State and counties include accurate and appropriate Hawaiian spelling and punctuation.  Establishes references for accurate, appropriate, and authentic Hawaiian names and words, including proper Hawaiian spelling and punctuation.  Requires DAGS to adopt procedures by rule to verify the compliance.  Effective 07/01/2050.  (SD2)

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