STAND. COM. REP. NO. 2641

Honolulu, Hawaii

RE: S.B. No. 2795

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs and Commerce and Consumer Protection, to which was referred S.B. No. 2795 entitled:

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

beg leave to report as follows:

The purpose and intent 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; and

(2) Allow reasonable time, place, and manner restrictions on Hawaiian flag displays to protect a substantial interest of the association or corporation.

Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs; Ho'omana Pono, LLC; Waianae Coast Community Foundation; and eight individual.

Your Committees received testimony in opposition to this measure from three individuals.

Your Committees received comments on this measure from the Community Association Institute Hawaii Chapter and Associa.

Your Committees find that individuals may experience unequal restrictions from their condominium, housing corporations, and community associations when displaying the Hawaiian flag compared to the United States flag. Your Committees further find that it may be necessary to restrict the size and height of the Hawaiian flag on display to protect the interests of corporations, associations, and neighboring views. This measure affirms the historical and cultural significance of the Hawaiian flag, ensures equal treatment with the United States flag by preventing housing corporations and associations from imposing blanket bans on the Hawaiian flag and allowing for reasonable regulations to protect property management interests.

Your Committees have amended this measure by:

(1) Inserting language to require that the Corporation's restrictions on the display of the Hawaiian flag include a size limit of four feet by six feet, a height limit of a flag pole of twenty feet, and the stipulation that the display does not obstruct neighboring views; and

(2) Inserting an effective date of September 9, 2129, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2795, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2795, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Commerce and Consumer Protection,

________________________________ JARRETT KEOHOKALOLE, Chair

________________________________ HERBERT M. RICHARDS, III, Chair