THE SENATE |
S.B. NO. |
109 |
THIRTY-THIRD LEGISLATURE, 2025 |
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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 at the
Constitutional Convention of Hawaii of 1978, the committee on Hawaiian affairs
proposed the constitutional amendment that is now enshrined in article XV,
section 4, of the Hawaii State Constitution, which establishes Hawaiian as an
official language of the State. The committee
felt it necessary to include this amendment in the constitution "to give
full recognition and honor to the rich cultural inheritance that Hawaiians have
given to all ethnic groups of the State."
The
legislature further finds that passage of this Act would contribute to the
growing international movement for the protection of the rights of the world's
indigenous peoples. In 2007, the United
Nations adopted the United Nations Declaration on the Rights of Indigenous
Peoples. In 2011, the United States
became a signatory on the Declaration. Article
13 of the Declaration states:
"1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means."
Accordingly, the purpose of this Act is to
require that the Hawaiian version of a law be held binding if the law in
question was originally drafted in Hawaiian and then translated into English.
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[.];
provided that if the law in question was originally drafted in Hawaiian and the
English version was translated based on the Hawaiian version, the Hawaiian
version shall be held binding.
Hawaiian shall not be required for public acts and transactions."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Hawaiian Language; State Law; Public Documents
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.