Bill Text: HI SB195 | 2020 | Regular Session | Introduced
Bill Title: Relating To Hawaiian As An Official Language Of The State Of Hawaii.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB195 Detail]
Download: Hawaii-2020-SB195-Introduced.html
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THE SENATE |
S.B. NO. |
195 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to hawaiian as an official language of the state of hawai‘i.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF HAWAII:
MAHELE 1.
Ma ka ‘Aha ‘Elele
Hana Kumukānāwai o Hawai‘i i ka makahiki 1978, ua ho‘olale ke Kōmike Kuleana Hawai‘i
he ho‘ololi ‘ōlelo
pāku‘i i ho‘opa‘a ‘ia ma ka Paukū XV, §4 o ke
Kumukānāwai o ka Moku‘āina ‘o Hawai‘i, ‘o
ka ‘ōlelo Hawai‘i, he ‘ōlelo kūhelu o ka Moku‘āina ‘o Hawai‘i. Ua mana‘o ke Kōmike he pono ka lilo ‘ana
o ka ‘ōlelo Hawai‘i i ‘ōlelo kūhelu o Hawai‘i i mea e ho‘ohanohano pono ai i ka mo‘omeheu ‘ōiwi o Hawai‘i i ili mai i nā lāhui a pau o Hawai‘i nei.
Eia hou, ho‘omaopopo
ka ‘Aha‘ōlelo,
ke ho‘oikaika nei nā aupuni o nā ‘āina ‘ē i nā pono o nā
lāhui ‘ōiwi ma ‘ō a ‘ō o ka honua. I ka makahiki 2007, ua ‘āpono ‘ia ka Hō‘ike no nā Pono o nā Lāhui ‘Ōiwi e ka ‘Aha Aupuni Hui Pū ‘Ia. I ka makahiki 2011, ua pūlima ka Pelekikena o ‘Amelika Hui Pū ‘Ia i ia Hō‘ike. Ma ka paukū 13 o ka Hō‘ike, ‘ōlelo ‘ia:
"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."
MAHELE 2.
E ho‘ololi ‘ia
ka Mahele 1-13 o nā ‘Ōlelo Kūpa‘a Ho‘oponopono Hou ‘Ia o Hawai‘i e heluhelu ‘ia penei:
"§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."
MAHELE 3. E ho‘ololi ‘ia ka Mahele 1-13.5 o nā ‘Ōlelo Kūpa‘a Ho‘oponopono
Hou ‘Ia o Hawai‘i e heluhelu ‘ia penei:
"§1-13.5 Hawaiian language; spelling.
[Macrons and glottal stops may] (a) ‘Okina and kahakō shall be used in the spelling of words or
terms in the Hawaiian language, when appropriate, in documents prepared
by or for state or county agencies or officials[.]; provided that any
document submitted to state or county agencies or officials by members of the
general public shall not require the use of ‘okina and kahakō.
Any rule, order, policy, or other act, official or otherwise, that
prohibits or discourages the use of these symbols shall be void.
(b)
An ‘okina, or glottal stop, shall be
represented as a left single quotation mark.
A kahakō elongates vowel sounds and shall be represented as a
macron over a vowel."
MAHELE 4.
‘O nā mea kāpae ‘ia, aia i loko o nā kahaapo kihikihi a ua kahawaena ‘ia. ‘O nā mea hou, ua kahalalo ‘ia.
MAHELE 5. E ka‘a ana kēia kānāwai ma kona ‘āpono ‘ia.
(English Translation)
SECTION
1. The legislature finds that at the Constitutional Convention of Hawai‘i of 1978, the committee on Hawaiian affairs proposed the
constitutional amendment that is now enshrined in article XV, section 4 of the
Hawai‘i State Constitution, which
establishes Hawaiian as an official language of the State of Hawai‘i. The committee felt it
necessary to include this amendment in the constitution "in order 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 recognizes its
contribution to the growing international movement for the protection of the
rights of the world's indigenous peoples through passage of this Act. In 2007, the United Nations adopted the
United Nations Declaration on the Rights of Indigenous Peoples. In 2011, the United States became 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."
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. Section 1-13.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§1-13.5[]] Hawaiian language; spelling.
[Macrons and glottal stops may] (a) ‘Okina and kahakō shall be used in the spelling of words or
terms in the Hawaiian language, when appropriate, in documents prepared
by or for state or county agencies or officials[.]; provided that any
document submitted to state or county agencies or officials by members of the
general public shall not require the use of ‘okina and kahakō.
Any rule, order, policy, or other act, official or otherwise, that
prohibits or discourages the use of these symbols shall be void.
(b) An ‘okina,
or glottal stop, shall be represented as a left single quotation mark. A kahakō elongates vowel sounds and
shall be represented as a macron over a vowel."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hawaiian Language; State Law; Public Documents
Description:
Requires
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. Requires that ‘okina
and kahakō be used, when appropriate, in documents prepared by or for
state or county agencies or officials.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
