HOUSE OF REPRESENTATIVES	H.B. NO.	2532
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAIIAN FLAG.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Ka Hae Hawaiʻi (the Hawaiian flag) has been an enduring symbol of the islands, representing Hawaiʻi and its people for more than two hundred years. Initially developed under Kamehameha Paiʻea Kūnuiākea (Kamehameha I) in 1816, the flag reflected the close, supportive relationship between Hawaiʻi and Great Britain.

The red, white, and blue striped flag with the Union Jack in the corner was amended slightly over the years before it was set as the official design, with the familiar look that we know now, by Ka ʻAhaʻōlelo o Ko Hawaiʻi Pae ʻĀina (the Hawaiian Kingdom legislature) in 1845. Ka Hae Hawaiʻi became a beloved and proud symbol of the people through five decades of Hawaiian Kingdom international diplomacy and domestic achievement.

On January 1, 1862, the Hawaiian-language newspaper Ka Nupepa Kuokoa printed a color Hae Hawaiʻi on the opening page of its New Year's issue, something never before seen in any nation and one of the first uses of color in a newspaper anywhere in the world. The paper ran a column alongside the flag declaring the people's pride in this important symbol.

Official holidays such as Lā Hoʻomanaʻo o Kamehameha I (Kamehameha Day), Lā Hoʻihoʻi Ea (Restoration of Sovereignty Day), and Lā Kūʻokoʻa (Independence Day) witnessed celebrations across the islands with event sites covered with thousands of Hae Hawaiʻi reflecting the pride and joy of the people.

The Hawaiian flag became one of the core representations of the people's voice following the 1893 overthrow of the Hawaiian government with men and women wearing Hae Hawaiʻi hat bands and women creating Hae Hawaiʻi quilts. The Hawaiian flag would endure, being adopted by the provisional government of 1893, the Republic of 1894, the Territory of 1900, and the State of Hawaiʻi in 1959.

Today, in 2026, while the flag may represent different things to various people, it remains an historic and beloved symbol of Hawaiʻi nei for nearly all. The legislature notes that the Hawaiʻi State Constitution honors and protects Hawaiʻi's rich cultural heritage. The legislature also notes that the federal Freedom to Display the American Flag Act of 2005, P.L. 109-243, protects an individual's right to display the flag of the United States on residential property. The legislature finds that an individual's right to display the Hawaiian flag should be similarly protected.

Accordingly, the purpose of this Act is to further Hawaiʻi's unique and diverse cultural history, as well as an individual's right to free speech and cultural practices, by protecting the right to display the Hawaiian flag at an individual's home.

SECTION 2. Chapter 421I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§421I-    Display of Hawaiian flag. (a) No corporation shall prohibit the display of the Hawaiian flag by a tenant shareholder within the shareholder's dwelling unit.

(b) A corporation may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the corporation.

(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."

SECTION 3. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§421J-    Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a member within the member's unit.

(b) An association may adopt reasonable restrictions regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the association.

(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."

SECTION 4. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part VI to be appropriately designated and to read as follows:

"§514B-    Display of Hawaiian flag. (a) No association shall prohibit the display of the Hawaiian flag by a unit owner within the unit owner's unit or on any limited common element that is for the exclusive use of the unit owner.

(b) An association may adopt reasonable rules and regulations regarding the time, place, and manner of displaying the Hawaiian flag to protect a substantial interest of the association.

(c) For the purposes of this section, "Hawaiian flag" means the flag described in section 5-19."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.

Report Title:

Hawaiian Flag; Display; Condominiums; Cooperative Housing Corporations; Planned Community Associations

Description:

Requires cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property. Allows reasonable time, place, and manner restrictions on Hawaiian flag displays to protect a substantial interest of the association or corporation. Effective 7/1/3000. (HD1)

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