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HB2532
HOUSE OF REPRESENTATIVES
H.B. NO.
2532
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO THE HAWAIIAN FLAG
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that Ka Hae Hawai`i
(the Hawaiian flag) has been an enduring symbol of the islands, representing
Hawai`i and its people for more than two hundred years.
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Initially developed under Kamehameha Pai`ea
Kūnuiākea (Kamehameha I) in 1816, the flag reflected the close,
supportive relationship between Hawai`i and Great Britain.
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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 `Aha`ōlelo o Ko Hawai`i Pae `Āina
(the Hawaiian Kingdom legislature) in 1845.
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Ka Hae Hawai`i became a beloved and proud symbol of the people through
five decades of Hawaiian Kingdom international diplomacy and domestic
achievement.
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On January
1, 1862, the Hawaiian-language newspaper Ka Nupepa Kuokoa printed a color Hae
Hawai`i 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.
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The paper ran a column
alongside the flag declaring the people's pride in this important symbol.
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Official
holidays such as Lā Ho`omana`o o Kamehameha I (Kamehameha Day), Lā Ho`iho`i
Ea (Restoration of Sovereignty Day), and Lā Kū`oko`a (Independence
Day) witnessed celebrations across the islands with event sites covered with
thousands of Hae Hawai`i reflecting the pride and joy of the people.
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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 Hawai`i hat bands and women creating Hae Hawai`i quilts.
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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 Hawai`i in 1959.
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Today, in
2026, while the flag may represent different things to various people, it
remains an historic and beloved symbol of Hawai`i nei for nearly all.
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The legislature notes that the Hawai`i State
Constitution honors and protects Hawai`i�s rich cultural heritage.
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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.
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The legislature finds that an
individual's right to display the Hawaiian flag should be similarly protected.
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Accordingly,
the purpose of this Act is to further Hawai`i'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.
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SECTION
2.
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Chapter 421I, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
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�421I-
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Display of Hawaiian flag.
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(a)
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No corporation shall prohibit
the display of the Hawaiian flag by a tenant shareholder within the
shareholder's dwelling unit.
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(b)
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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.
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(c)
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For the purposes of this section,
"Hawaiian flag" means the flag described in section 5-19.
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SECTION 3.
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Chapter 421J, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�421J-
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Display of Hawaiian flag.
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(a)
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No association shall prohibit
the display of the Hawaiian flag by a member within the member's unit.
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(b)
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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.
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(c)
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For the purposes of this section,
"Hawaiian flag" means the flag described in section 5-19.
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SECTION 4.
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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:
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�514B-
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Display of Hawaiian flag.
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(a)
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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.
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(b)
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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.
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(c)
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For the purposes of this section, "Hawaiian flag" means the
flag described in section 5-19.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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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.
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Allows reasonable time,
place, and manner restrictions on Hawaiian flag displays to protect a
substantial interest of the association or corporation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.