STAND. COM. REP. No.
‘qz7
Honolulu, Hawaii
APR 2.0 2023
,
RE: S.R. NO. 196
S.D. l
Honorable Ronald D. Kouchi
President of the Senate
Thirty—Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Hawaiian Affairs, to which was referred
S.R. No. 196 entitled:
"SENATE RESOLUTION URGING THE ESTABLISHMENT OF A NATIVE
HAWAIIAN INTELLECTUAL PROPERTY WORKING GROUP TO DISCUSS
POLICIES AND LEGISLATION WITH RESPECT TO NATIVE HAWAIIAN
INTELLECTUAL PROPERTY,"
begs leave to report as follows:
The purpose and intent of this measure is to urge the
establishment of a Native Hawaiian Intellectual Property Working
Group to discuss policies and legislation with respect to Native
Hawaiian intellectual property.
Your Committee received testimony in support of this measure
from the Department of Business, Economic Development, and
Tourism; Association of Hawaiian Civic Clubs; Office of Hawaiian
Affairs; and two individuals. Your Committee received comments on
this measure from one individual.
Your Committee finds that Native Hawaiians possess collective
intellectual property rights derived from the traditional and
cultural practices that their ancestors developed over thousands
of years and passed down from generation to generation. This
collective intellectual property takes many forms and includes but
is not limited to ka ‘élelo Hawai‘i, hula, mele, nmfolelo, lei
making, kapa making, kakau, weaving, feather work, carving, and
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 STAND. COM. REP. NO."7
Page 2 27
wayfinding. Your Committee finds that increasingly, third—party
users of indigenous Native Hawaiian knowledge are seeking to claim
ownership of these cultural expressions and that a working group
is therefore necessary to investigate and discuss how Native
Hawaiian groups can best protect their collective intellectual
property rights.
Your Committee has amended this measure by;
(1) Adding the Association of Hawaiian Civic Clubs to the
Native Hawaiian Intellectual Property Working Group;
(2) Requesting that the Native Hawaiian Intellectual
Property Working Group consult with the Creative
Industries Division of the Department of Business,
Economic Development, and Tourism, in addition to other
Native Hawaiian communities and organizations deemed
appropriate;
(3) Adding the President of the Association of Hawaiian
Civic Clubs and the Director of Business, Economic
Development, and Tourism to the of certified copy list
recipients; and
(4) Making technical, nonsubstantive amendments for the
purposes of clarity and consistency.
affirmed by the record of votes of the members of your
fl
As
Committee on Hawaiian Affairs that is attached to this report,
your Committee concurs with the intent and purpose of S.R.
No. 196, as amended herein, and recommends its adoption in the
form attached hereto as S.R. No. 196, S.D. l.
Respectfully submitted on
behalf of the members of the
Committee on Hawaiian Affairs,
MAILE S.L. SHIMABUKURO, Chair
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 The Senate
Thirty-Second Legislature
State of Hawai‘i
Record of Votes
Committee on Hawaiian Affairs
HWN
Bill / Resolution N0.:* Committee Referral: Date:
SR ‘qe HNN Apr“ n, 7023
D The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:
The Recommendation is:
D Pass, unamended
2312
MPass,with
2311
amendments D Hold
2310
D Recommit
2313
Members
SHIMABUKURO, Mane S.L. (C)
FEVELLA, Kurt (v0)
xX Aye Aye (WR) Nay Excused
IHARA, Jr., Les '><‘
KEOHOKALOLE, Jarrett \L
RICHARDS, m, Herbert M. “Tim" w<
TOTAL
u §
Recommendation: \
g Adopted D Not Adopted
Chair‘s or
Wignm I
Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 11/30/22