STAND. COM. REP. NO. 1266-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2795

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Culture & Arts, to which was referred S.B. No. 2795, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN FLAG,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require cooperative housing corporations, planned community associations, and condominium associations to allow owners to display the Hawaiian flag within the owner's property, including allowing reasonable time, place, manner, and size restrictions on Hawaiian flag displays to protect a documented substantial interest of the applicable association or corporation; and

(2) Authorize cooperative housing corporations, planned community associations, and condominium associations to impose stricter size restrictions on Hawaiian flag displays or eliminate the flagpole or have its height lowered if the documented substantial interest is related to health or safety.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs and one individual. Your Committee received comments on this measure from the Community Associations Institute.

Your Committee finds that the Hawaiian flag has served as a powerful and enduring symbol of Hawaii's history, culture, and identity for more than two centuries. Your Committee further finds that residents of cooperative housing corporations, planned community associations, and condominium associations may face restrictions that limit their ability to display the Hawaiian flag at their homes. While associations and corporations often establish rules governing the appearance and use of property, overly restrictive policies may prevent residents from expressing cultural identity and exercising personal expression through the display of the Hawaiian flag. This measure addresses this issue by requiring these associations and corporations to allow residents to display the Hawaiian flag, while permitting reasonable restrictions related to size, placement, and safety.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Culture & Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2795, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2795, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Culture & Arts,

____________________________

JEANNE KAPELA, Chair