THE SENATE S.B. NO. 268 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO ISLAND BURIAL COUNCILS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 268
THIRTY-THIRD LEGISLATURE, 2025 S.D. 1
STATE OF HAWAII H.D. 1
THE SENATE
S.B. NO.
268
THIRTY-THIRD LEGISLATURE, 2025
S.D. 1
STATE OF HAWAII
H.D. 1
A BILL FOR AN ACT
RELATING TO ISLAND BURIAL COUNCILS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that iwi kupuna (ancestral remains) hold profound spiritual and cultural significance for Native Hawaiian people. The practice of malama iwi kupuna (caring for ancestral remains) is an essential part of Native Hawaiian traditions and is typically a kuleana (responsibility) reserved for ohana (family). Native Hawaiian burial beliefs, customs, and practices ensure that the remains of ancestors are treated with the utmost respect and that their spiritual connection to the land and their descendants is honored. The legislature further finds that island burial councils play a critical role in preserving iwi kupuna and upholding Native Hawaiian burial practices. While the membership of each council currently includes representatives from specified geographic regions, as well as representatives having development and large property owner interests, the primary criterion for regional representatives is an understanding of Hawaiian culture and history and the burial beliefs, customs, and practices of Native Hawaiians. However, no similar criterion exists for landowner and developer representatives. The legislature recognizes that to fully align the composition of island burial councils with Hawaiian values related to malama iwi kupuna, representatives of development and property owner interests are not necessary members. The inclusion of these representatives may detract from the council's focus on the care and protection of iwi kupuna, which is a deeply spiritual and cultural responsibility. Accordingly, the purpose of this Act is to align the composition of island burial councils with values related to malama iwi kupuna by ensuring that the councils are composed primarily of persons with a deep understanding of Native Hawaiian cultural practices, removing the requirement for representatives having development and large property owner interests, and decreasing the number of members on each island burial council. SECTION 2. Section 6E-43.5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) There shall be established within the department five island burial councils, one each for Hawaiʻi, Maui/Lānaʻi, Molokaʻi, Oʻahu, and Kauaʻi/Niʻihau, to implement section 6E-43. Each council shall consist of [nine] seven members, except the Molokaʻi council, which shall consist of five members. [Each council shall consist of no more than three representatives of development and large landowner interests; provided that the Molokaʻi council shall consist of no more than one representative of development and large landowner interests.] The [remaining] council members shall represent the geographic regions identified in paragraphs (1) through (5). At all times, at least two of the regional representatives of each council shall have been appointed from a list of nominees submitted to the governor by the office of Hawaiian affairs, as provided under subsection (b). Each council shall include at least one representative for each geographic region identified as follows: (1) The Hawaiʻi council shall include the following geographic regions: Kohala, Kona, Kaʻū, Puna, Hilo, and Hāmākua; (2) The Maui/Lānaʻi council shall include the following geographic regions: Honuaʻula, Lahaina, Wailuku, Makawao, Hāna, and Lānaʻi; (3) The Molokaʻi council shall include the following geographic regions: West Molokaʻi, Central Molokaʻi, East Molokaʻi, and Kalawao; (4) The Oʻahu council shall include the following geographic regions: Waiʻānae, ʻEwa, Kona, Koʻolaupoko, Koʻolauloa, and Waialua; and (5) The Kauaʻi/Niʻihau council shall include the following geographic regions: Waimea/Na Pali, Kōloa, Līhuʻe, Kawaihau, Hanalei, and Niʻihau. Regional representatives shall be selected from the Hawaiian community on the basis of the representatives' understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians in the region they each represent." 2. By amending subsection (e) to read: "(e) The department, in consultation with the councils, office of Hawaiian affairs, [representatives of development and large landowner interests,] and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawaiʻi Nei, shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. The council members shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties. The councils shall be a part of the department for administrative purposes." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000.
SECTION 1. The legislature finds that iwi kupuna (ancestral remains) hold profound spiritual and cultural significance for Native Hawaiian people. The practice of malama iwi kupuna (caring for ancestral remains) is an essential part of Native Hawaiian traditions and is typically a kuleana (responsibility) reserved for ohana (family). Native Hawaiian burial beliefs, customs, and practices ensure that the remains of ancestors are treated with the utmost respect and that their spiritual connection to the land and their descendants is honored.
The legislature further finds that island burial councils play a critical role in preserving iwi kupuna and upholding Native Hawaiian burial practices. While the membership of each council currently includes representatives from specified geographic regions, as well as representatives having development and large property owner interests, the primary criterion for regional representatives is an understanding of Hawaiian culture and history and the burial beliefs, customs, and practices of Native Hawaiians. However, no similar criterion exists for landowner and developer representatives.
The legislature recognizes that to fully align the composition of island burial councils with Hawaiian values related to malama iwi kupuna, representatives of development and property owner interests are not necessary members. The inclusion of these representatives may detract from the council's focus on the care and protection of iwi kupuna, which is a deeply spiritual and cultural responsibility.
Accordingly, the purpose of this Act is to align the composition of island burial councils with values related to malama iwi kupuna by ensuring that the councils are composed primarily of persons with a deep understanding of Native Hawaiian cultural practices, removing the requirement for representatives having development and large property owner interests, and decreasing the number of members on each island burial council.
SECTION 2. Section 6E-43.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) There shall be established within the department five island burial councils, one each for Hawaiʻi, Maui/Lānaʻi, Molokaʻi, Oʻahu, and Kauaʻi/Niʻihau, to implement section 6E-43. Each council shall consist of [nine] seven members, except the Molokaʻi council, which shall consist of five members. [Each council shall consist of no more than three representatives of development and large landowner interests; provided that the Molokaʻi council shall consist of no more than one representative of development and large landowner interests.] The [remaining] council members shall represent the geographic regions identified in paragraphs (1) through (5). At all times, at least two of the regional representatives of each council shall have been appointed from a list of nominees submitted to the governor by the office of Hawaiian affairs, as provided under subsection (b). Each council shall include at least one representative for each geographic region identified as follows:
(1) The Hawaiʻi council shall include the following geographic regions: Kohala, Kona, Kaʻū, Puna, Hilo, and Hāmākua;
(2) The Maui/Lānaʻi council shall include the following geographic regions: Honuaʻula, Lahaina, Wailuku, Makawao, Hāna, and Lānaʻi;
(3) The Molokaʻi council shall include the following geographic regions: West Molokaʻi, Central Molokaʻi, East Molokaʻi, and Kalawao;
(4) The Oʻahu council shall include the following geographic regions: Waiʻānae, ʻEwa, Kona, Koʻolaupoko, Koʻolauloa, and Waialua; and
(5) The Kauaʻi/Niʻihau council shall include the following geographic regions: Waimea/Na Pali, Kōloa, Līhuʻe, Kawaihau, Hanalei, and Niʻihau.
Regional representatives shall be selected from the Hawaiian community on the basis of the representatives' understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians in the region they each represent."
2. By amending subsection (e) to read:
"(e) The department, in consultation with the councils, office of Hawaiian affairs, [representatives of development and large landowner interests,] and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawaiʻi Nei, shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. The council members shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties. The councils shall be a part of the department for administrative purposes."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title: Office of Hawaiian Affairs Package; Burial Councils; Composition Description: Decreases the size of the Island Burial Councils from nine to seven members. Removes the requirement for the councils to include members having development and large property owner interests. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Office of Hawaiian Affairs Package; Burial Councils; Composition
Description:
Decreases the size of the Island Burial Councils from nine to seven members. Removes the requirement for the councils to include members having development and large property owner interests. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.