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Committee backs judiciary’s 'material difference' test to make Hawaiian statutory text controlling in some cases
Summary
Lawmakers advanced HB 2,433 with an amendment adopting the judiciary’s proposed 'material difference' standard: where English and Hawaiian versions materially differ, priority should go to the text that best reflects legislative intent. The AG warned of potential uncertainty under the bill as drafted.
The House Judiciary and Hawaiian Affairs Committee moved forward HB 2,433, a bill that would allow the Hawaiian version of a law to be controlling in certain circumstances. The judiciary recommended replacing an automatic language‑origin rule with a standard that privileges the text that best reflects legislative intent when there is a material difference.
Johanna Choppedam of the judiciary summarized the problem: "When the English and Hawaiian versions of the law say something different, which version should we follow? Under current law ... the English version automatically controls." She and other judiciary representatives proposed language that would give priority to the language that "best reflects the intent of the legislature as evidenced by legislative history, context, and purpose," but only where differences are material.
The Attorney General's Office cautioned that the bill, as drafted, could create uncertainty about which version controls, particularly when technical amendments or renumbering occur. OHA supported the bill's intent to preserve original Hawaiian drafting where appropriate but signaled openness to the judiciary's technical amendments to avoid unintended consequences.
The committee accepted the judiciary’s amendment (adding the word "material") and advanced the measure with a defective effective date and technical edits to be made in the house draft.
What happens next: HB 2,433 advances with the judiciary's amendment; the bill will return as an amended house draft for subsequent committees to review.
