THE SENATE

S.B. NO.

1246

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO the law of the splintered paddle.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that King Kamehameha I enacted ke kānāwai māmalahoe, or the law of the splintered paddle, to protect his people by proclaiming that all innocent persons, especially the elderly and the youth, shall be allowed to lay safely on the side of the road without fear of harm or attack. This law was a symbol of the importance Native Hawaiians placed on caring for others and ensuring the safety of society's most vulnerable people and has endured for generations.

The legislature further finds that the law of the splintered paddle specifically states:

"O my people

Honor thy gods

Respect alike (the rights of)

Men great and humble

See to it that our aged

Our women and our children

Lie down to sleep by the roadside

Without fear or harm.

Disobey, and die."

The legislature further finds that the law of the splintered paddle is enshrined in article IX, section 10, of the Hawaii State Constitution, which is both the supreme law of the State of Hawaii and the document from which all other sources of authority within the State are defined. The constitution specifically declares that the law of the splintered paddle "shall be a unique and living symbol of the State's concern for public safety." The legislature believes that the State and each of its political subdivisions must honor and uphold this most important and eternal provision of its Constitution.

Accordingly, the purpose of this Act is to uphold the law of the splintered paddle, as enshrined in the Hawaii State Constitution, by prohibiting a county from disturbing a person lying by the roadside in safety.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46- Law of the splintered paddle; prohibition on disturbing a person lying by the roadside in safety. (a) In accordance with article IX, section 10 of the Hawaii constitution, no county shall enact any ordinance that prohibits a person from sitting or lying by the roadside; provided that this section shall not prohibit a duly empowered county official from removing a person from a roadside if conditions exist that would place the person at risk of immediate bodily injury.

(b) As used in this section, "by the roadside" includes any sidewalk, as that term is defined in section 291C-1."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Counties; Ke Kānāwai Māmalahoe; Law of the Splintered Paddle

 

Description:

Prohibits a county from enacting any ordinance that prohibits a person from lying by the roadside in safety in accordance with the law of the splintered paddle.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.