STAND. COM. REP. NO. 3570

Honolulu, Hawaii

RE: S.C.R. No. 26

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.C.R. No. 26 entitled:

"SENATE CONCURRENT RESOLUTION SUPPORTING THE NATIVE HAWAIIAN INTELLECTUAL PROPERTY WORKING GROUP'S REQUEST FOR RESOURCES AND TIMELINE EXTENSION FOR FISCAL YEAR 2026-2027,"

begs leave to report as follows:

The purpose and intent of this measure is to support the Native Hawaiian Intellectual Property Working Group's request for resources and timeline extension for fiscal year 2026-2027.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Hawaiian Council, Association of Hawaiian Civic Clubs, Kahua O Kakou Corp., and three individuals.

Your Committee received comments on this measure from one individual.

Your Committee finds that the Native Hawaiian culture is exploited, often without consent or benefit of Native Hawaiian communities, due to there being no appropriate safeguards established. Your Committee notes that the State is required to protect and preserve the rights, culture, and intellectual property of Native Hawaiians under article XII, section 7, of the Hawaii State Constitution, which is why the Native Hawaiian Intellectual Property Working Group was established and tasked to create a report on the policies and legislation needed to better protect Native Hawaiian culture and traditional knowledge.

Your Committee finds that it is essential to safeguard traditional knowledge, cultural practices, and expressions from misuse, commodification, and exploitation. Your Committee further finds that chapter 84, Hawaii Revised Statutes, was enacted to promote transparency, preserve public trust, and prevent improper influence on public officers and employees; however, the application of the gift valuation and reporting requirements of chapter 84 to culturally significant and customary gifts, such as lei, traditional foods, and paʻakai, has created confusion and administrative burden, and may inadvertently discourage longstanding Native Hawaiian and other cultural practices that reflect respect, protocol, and community connection within the State.

Your Committee has amended this measure by deleting its contents and inserting language to:

(1) Replace findings;

(2) Urge the Hawaiʻi State Ethics Commission to formally recognize that the receipt or exchange of culturally significant and customary gifts shall not constitute a prohibited or reportable gift under chapter 84, Hawaii Revised Statutes, when not given with the intent to influence official action;

(3) Clarify what is considered a culturally significant and customary gift;

(4) Affirm that such cultural practices are vital expressions of community, respect, and identity, and should not be treated as improper influence under ethics laws;

(5) Encourage the Hawaiʻi State Ethics Commission to issue clear advisory guidelines to public officers and employees to ensure consistent and culturally appropriate application of ethics law; and

(6) Amend its title accordingly.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 26, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 26, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

________________________________

HERBERT M. RICHARDS, III, Chair