HOUSE OF REPRESENTATIVES	H.B. NO.	2491
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII		S.D. 1

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 the Hawaiian language is Hawaii's indigenous and first language, as well as the original language of Hawaii's executive, judicial, and legislative branches. During his reign, King Kamehameha III famously declared, "He aupuni palapala ko‘u", or "Mine is the kingdom of education", in reference to the high literacy rate in the Kingdom of Hawaii. This level of literacy continued into the 1900s, as 95.3 per cent of Native Hawaiians were literate, according to the 1910 United States Census. However, due to a myriad of political, economic, and social pressures, the Hawaiian language was materially marginalized, leading to its atrophy and eventual formal and practical exclusion from public and civic spaces. Nevertheless, due to the Hawaiian language community's efforts and resilience, the existence of the Hawaiian language has been maintained and its vitality restored for future generations.

The legislature recognizes that Hawaiian language practitioners generally employ two written orthographies, namely unmarked language and marked language. The unmarked orthography was the first writing system of Hawaiian language. The marked orthography, which includes the kahakō and ‘okina, was created as a means to help learners of Hawaiian language determine when to elongate a vowel or where to insert a glottal stop. The intent of this measure is not to claim the superiority of one version of orthography over the other, or to invalidate communities with an unbroken lineage of Hawaiian speakers who do not follow contemporary Hawaiian writing or structures, as communities such as these are vital to Native Hawaiian culture and the State as a whole. Rather, the intent of this measure is to establish a standard for the spelling and punctuation of Hawaiian names and words when they appear in letterheads created by state and county agencies for the purposes of consistency and uniformity. Furthermore, this Act is intended to provide equal support and standing for both native speakers and second language speakers of Hawaiian language.

Additionally, the intent of this Act is not to require that legislative bills and other official documents be written in Hawaiian as well as English; rather, if letterheads prepared by or for state or county agencies or officials contain Hawaiian names and words, this Act only requires that the Hawaiian names and words be written in a consistent manner. This measure further clarifies that Hawaiian spelling not in conformance with the standards established by this measure will not invalidate an official document, nor will it allow a cause of action to arise. Finally, this measure intends that consistent spelling and punctuation of Hawaiian names and words be used only for the letterheads of certain designated state officials created on or after January 1, 2023, or when there is a need to reprint or revise existing letterheads of certain designated state officials.

Accordingly, the purpose of this Act is to require all letterheads of the State and counties that include Hawaiian names and words to include Hawaiian names, words, spelling, and punctuation consistent with certain references.

SECTION 2. Section 1-13.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§1-13.5[]] Hawaiian language; spelling. (a) [Macrons and glottal stops] Kahakō and ‘okina may be used in the spelling of words or terms in the Hawaiian language in documents prepared by or for state or county agencies or officials.

(b) Effective January 1, 2023, all letterheads prepared by or for state or county agencies or officials, to the extent that the letterheads contain Hawaiian language names or words, those Hawaiian names and words shall be used consistently and the Hawaiian spelling and punctuation shall also be consistent, including kahakō and ‘okina that punctuate the name or word to which they relate, except for letterheads specifically designed for the benefit of native speakers of Hawaiian; provided that any revision to conform any letterhead existing before January 1, 2023, to the requirements of this section may be implemented when the letterhead requires replacement or reprinting or otherwise requires revision; provided further that any document submitted to state or county agencies or officials by members of the general public shall not require the use of kahakō or ‘okina.

(c) Any rule, order, policy, or other act, official or otherwise, that prohibits or discourages the use of [these symbols] kahakō and ‘okina or consistent Hawaiian names and words, as provided by this section, shall be void.

(d) For the purposes of consistency, Hawaiian names and words used in letterhead subject to subsection (b) shall be 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) "Place Names of Hawaii", by Mary Kawena Pukui, Samuel H. Elbert, and Esther T. Mookini, University of Hawai‘i Press, copyright 1974, as revised and expanded in 1976;

(3) Any other commonly used Hawaiian-language dictionary;

(4) Consultations from members of the Hawaiian-speaking language community, including native speakers;

(5) Consultations with the Hawaii board on geographic names for the names and spellings of geographic features in Hawaii; or

(6) Historical documents, such as Na Nupepa Olelo Hawaii, the Hawaiian newspaper collection.

(e) Any Hawaiian names and words that are spelled or punctuated inconsistently with subsection (d) within a letterhead subject to subsection (b) 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 spelled or punctuated inconsistently with subsection (d).

(f) If there is a conflict between words used by native speakers and second language speakers in a document covered by this section, two versions of the document may be made available to the public upon request if the affected department has sufficient resources to do so.

(g) For the purpose of this section, "native speakers" means speakers of the Hawaiian language who come from an unbroken lineage of primary speakers of the Hawaiian language."

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 and may be used on all emblems and symbols representative of the State[,] and its departments, agencies, and political subdivisions.

(b) This section shall not be construed to require that the full text of legislative bills and other official documents be written in Hawaiian.

(c) For the purpose of this section, "native speakers" means speakers of the Hawaiian language who come from an unbroken lineage of primary speakers of the Hawaiian language."

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, 2044.

Report Title:

Hawaiian Language; Official Websites; Letterhead; Translation; University of Hawaii

Description:

Requires all letterheads of the State and counties to include consistent Hawaiian names, spelling, and punctuation. Effective 7/1/2044. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.