STAND. COM. REP. NO. 733

Honolulu, Hawaii

RE: S.B. No. 16

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 16 entitled:

"A BILL FOR AN ACT RELATING TO HAWAIIAN AS AN OFFICIAL LANGUAGE OF THE STATE OF HAWAII,"

begs leave to report as follows:

The purpose and intent of this measure 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.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, and two individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that language is the carrier of culture. When cultures are vastly different, incongruence is often prevalent in the interpretation of one language by the other. ‘Ōlelo Hawai‘i, the Hawaiian language, is an enigmatically poetic language that invokes metaphor and kaona, hidden meaning, which pose a formidable challenge to interpret without a deep understanding of Native Hawaiian culture. Current law provides that the English version of a law is binding whenever there is any radical and irreconcilable difference between the English and Hawaiian version of any laws of the State. This measure brings further parity to both languages by recognizing ‘Ōlelo Hawai‘i as the original language of the land while also ensuring the continuity of the State's legal tradition and history.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 16 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair