SB109 amends Hawaii’s official-language statute to give binding legal effect to the Hawaiian-language version of a state law in a narrow set of circumstances. Under current law, when there is a radical and irreconcilable difference between the English and Hawaiian versions of a state law, the English text controls. This bill creates an exception: if the law was originally drafted in Hawaiian, the English version was translated from that Hawaiian text, and the law has not since been amended, codified, recodified, or reenacted in English, then the Hawaiian version would be held binding.
The bill also retains the existing rule that English and Hawaiian are the official languages of Hawaii and that Hawaiian is not required for public acts and transactions. The measure is framed as a recognition of Hawaiian language rights and indigenous language protection, citing the 1978 constitutional amendment and the United Nations Declaration on the Rights of Indigenous Peoples. The effective date is set far in the future, July 1, 3000, which suggests the bill is largely symbolic or intended to avoid immediate operational effect.
Impact
SB109 would modify Section 1-13 of the Hawaii Revised Statutes, changing the default rule for resolving conflicts between English and Hawaiian statutory texts. The practical legal effect would be to elevate the Hawaiian-language version over the English version in the limited class of laws that originated in Hawaiian and meet the bill’s other conditions. This could affect statutory interpretation, legislative drafting history, and litigation involving bilingual laws, while leaving the broader requirement for public administration unchanged.
Sentiment
The available voting history shows unanimous committee support at both the Senate Hawaiian Affairs Committee and the Senate Judiciary Committee, each passing the bill 4-0 with amendments. That suggests generally favorable sentiment toward the bill’s cultural and language-preservation goals. The bill’s findings and purpose language also indicate a strong pro-Hawaiian-language and indigenous-rights orientation.
Contention
No committee transcript was provided, so specific objections are not documented in the record here. The main potential point of contention is the legal hierarchy between English and Hawaiian texts: the bill departs from the existing rule that English controls in the event of a conflict, but only for a narrow subset of laws. Another possible issue is administrative and interpretive complexity in determining whether a law was originally drafted in Hawaiian and whether later amendments or reenactments alter which version controls. The unanimous committee votes suggest these concerns did not prevent advancement, at least in committee.
Recognizing Hawaiian Council For 25 Years Of Dedicated Service, Impactful Leadership, And Steadfast Advocacy On Behalf Of The Native Hawaiian Community.
Requesting The Office Of Hawaiian Affairs To Establish And Provide Legislative Engagement Forums To Educate And Empower The Native Hawaiian Community Regarding The Legislative Process.
Requesting The Office Of Hawaiian Affairs To Establish And Provide Legislative Engagement Forums To Educate And Empower The Native Hawaiian Community Regarding The Legislative Process.