HB2104 • 2026

RELATING TO ISLAND BURIAL COUNCILS.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2026-05-07
Official status: Transmitted to Governor.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO ISLAND BURIAL COUNCILS.

What This Bill Does

RELATING TO ISLAND BURIAL COUNCILS.
Office of Hawaiian Affairs Package; Historic Preservation; Island Burial Councils Extends the time to fill vacancies that occur during an Island Burial Council member's term.
Provides per diem compensation in the form of a stipend for Island Burial Council members representing geographic regions.
Adjusts the Island Burial Councils' quorum for business to be a majority of the appointed council members, but no fewer than three members.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CD1

Hawaii published version CD1

Plain English: HB2104 CD1 HOUSE OF REPRESENTATIVES H.B.

HB2104 CD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2104 THIRTY-THIRD LEGISLATURE, 2026 H.D.
2 STATE OF HAWAII S.D.

HD1

Hawaii published version HD1

Plain English: HB2104 HD1 HOUSE OF REPRESENTATIVES H.B.

HB2104 HD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2104 THIRTY-THIRD LEGISLATURE, 2026 H.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ISLAND BURIAL COUNCILS .

HD2

Hawaii published version HD2

Plain English: HB2104 HD2 HOUSE OF REPRESENTATIVES H.B.

HB2104 HD2 HOUSE OF REPRESENTATIVES H.B.
NO.
2104 THIRTY-THIRD LEGISLATURE, 2026 H.D.
2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ISLAND BURIAL COUNCILS .

SD1

Hawaii published version SD1

Plain English: HB2104 SD1 HOUSE OF REPRESENTATIVES H.B.

HB2104 SD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2104 THIRTY-THIRD LEGISLATURE, 2026 H.D.
2 STATE OF HAWAII S.D.

Bill History

2026-05-08 S
Received notice of passage on Final Reading in House (Hse. Com. No. 888).
2026-05-07 H
Transmitted to Governor.
2026-05-06 H
Received notice of Final Reading (Sen. Com. No. 816).
2026-05-06 H
Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).
2026-05-06 S
Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.
2026-05-01 S
48 Hrs. Notice (as amended CD 1) 05-06-26
2026-05-01 S
Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 173-26).
2026-05-01 H
Forty-eight (48) hours notice Wednesday, 05-06-26.
2026-05-01 H
Reported from Conference Committee (Conf Com. Rep. No. 173-26) as amended in (CD 1).
2026-04-30 S
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Richards, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-04-30 H
The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Hashem, Tarnas, Morikawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
2026-04-29 H
Conference Committee Meeting will reconvene on Thursday 04-30-26 9:20AM in conference room 229.
2026-04-28 H
Conference Committee Meeting will reconvene on Wednesday 04-29-26 9:15AM in conference room 229.
2026-04-24 H
Bill scheduled for Conference Committee Meeting on Tuesday, 04-28-26 9:45AM in conference room 229.
2026-04-23 S
Received notice of appointment of House conferees (Hse. Com. No. 810).
2026-04-22 H
House Conferees Appointed: Hashem, Tarnas, Morikawa Co-Chairs; Shimizu.
2026-04-22 H
Re-referred to WAL, JHA, FIN, referral sheet 32
2026-04-21 H
Received notice of Senate conferees (Sen. Com. No. 717).
2026-04-21 S
Senate Conferees Appointed: Richards Chair; Kanuha Co-Chair; DeCorte.
2026-04-16 S
Received notice of disagreement (Hse. Com. No. 599).
2026-04-14 H
House disagrees with Senate amendment (s).
2026-04-10 H
Returned from Senate (Sen. Com. No. 545) in amended form (SD 1).
2026-04-10 S
Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-04-09 S
One Day Notice 04-10-26.
2026-04-09 S
Reported from WAM (Stand. Com. Rep. No. 3652) with recommendation of passage on Third Reading.
2026-04-07 S
The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Lee, C..
2026-04-02 S
The committee(s) on WAM will hold a public decision making on 04-07-26 10:31AM; Conference Room 211 & Videoconference.
2026-03-30 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.
2026-03-30 S
Reported from HWN (Stand. Com. Rep. No. 3376) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
2026-03-24 S
The committee(s) on HWN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HWN were as follows: 3 Aye(s): Senator(s) Richards, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Ihara, Keohokalole.
2026-03-17 S
The committee(s) on HWN has scheduled a public hearing on 03-24-26 2:05PM; Conference Room 224 & Videoconference.
2026-03-12 S
Referred to HWN, WAM.
2026-03-12 S
Passed First Reading.
2026-03-12 S
Received from House (Hse. Com. No. 357).
2026-03-10 H
Passed Third Reading as amended in HD 2 with Representative(s) Garcia, Iwamoto voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.
2026-03-06 H
Forty-eight (48) hours notice Tuesday, 03-10-26.
2026-03-06 H
Reported from JHA (Stand. Com. Rep. No. 1183-26) as amended in HD 2, recommending passage on Third Reading.
2026-02-24 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Kahaloa, Sayama, Takayama, Shimizu; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Hashem, Garcia.
2026-02-20 H
Bill scheduled to be heard by JHA on Tuesday, 02-24-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-02-12 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Garcia voting aye with reservations; none voting no (0) and none excused (0).
2026-02-12 H
Reported from WAL (Stand. Com. Rep. No. 239-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-05 H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Woodson, Souza; Ayes with reservations: Representative(s) Poepoe, Shimizu; Noes: none; and 1 Excused: Representative(s) Iwamoto.
2026-02-02 H
Bill scheduled to be heard by WAL on Thursday, 02-05-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
2026-01-28 H
Referred to WAL, JHA, referral sheet 4
2026-01-26 H
Introduced and Pass First Reading.
2026-01-23 H
Pending introduction.

Official Summary Text

RELATING TO ISLAND BURIAL COUNCILS.
Office of Hawaiian Affairs Package; Historic Preservation; Island Burial Councils
Extends the time to fill vacancies that occur during an Island Burial Council member's term. Provides per diem compensation in the form of a stipend for Island Burial Council members representing geographic regions. Adjusts the Island Burial Councils' quorum for business to be a majority of the appointed council members, but no fewer than three members. (CD1)

Current Bill Text

Read the full stored bill text

HB2104

HOUSE OF REPRESENTATIVES

H.B. NO.

2104

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

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 the protection of
iwi kupuna (ancestral remains) is a matter of utmost cultural and historical
importance.
�
Island burial councils play
a critical role in safeguarding burial sites and advising the department of
land and natural resources in decisions affecting Native Hawaiian ancestral
remains.
�
However, the effectiveness of
the councils has been limited by persistent vacancies, uncompensated service,
and insufficient staff support.
�
These
challenges are particularly severe on less populated islands, where councils
often fail to meet quorum, preventing lineal and cultural descendants from
having a meaningful voice in decisions about the treatment of iwi kupuna and
exercising their right to self-determination.
�

Council members are further required to attend lengthy meetings and
engage in consultations for inadvertent discoveries within their moku (region),
adding to these constraints.

����
The legislature further finds that
these constraints undermine the councils' capacity to fulfill their statutory
responsibilities, delay decision making, and frustrate Native Hawaiian families
and communities who seek the respectful treatment of iwi kupuna.

����
Accordingly, the purpose of this Act
is to strengthen the island burial councils by:

����
(1)
�
Extending the time
to fill vacancies that occur during a council member's term;

����
(2)
�
Providing per diem
compensation in the form of a stipend for council members representing geographic
regions to improve recruitment and retention; and

����
(3)
�
Revising the
councils' quorum for business to be a majority of the appointed council
members.

����
SECTION
2
.
�
Section
6E-43.5, Hawaii Revised Statutes, is amended as follows:

����
1.
�
By amending subsection (b) to read as
follows:

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"(b)
�

Appointment of members to the councils shall be made by the governor, in
accordance with section 26-34 and subsection (a), from lists for each
council submitted by the department and the office of Hawaiian affairs.
�
Lists to fill vacancies on the councils shall
be submitted as follows:

����
(1)
�
For
vacancies attributable to the expiration of terms, the list shall be submitted
on the first business day of December before the expiration of the terms,
except as provided in subsection (c); and

����
(2)
�
For
a vacancy that occurs during a council representative's term, the list shall be
submitted within [
thirty business
]
seventy-five calendar
days
after the vacancy occurs, except as provided in subsection (c)."

����
2.
�
By amending subsections (e) and (f) to read
as follows:

����
"(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 Hawai`i
Nei, shall adopt rules pursuant to chapter 91 necessary to carry out the
purposes of this section.
�
The council
members shall serve without [
compensation,
]
salary,
but shall be
reimbursed for necessary expenses incurred during the performance of their
duties.
�
Council members appointed to
represent geographic regions may receive a stipend for attendance at a duly
noticed council meeting through a process of application to the office of
Hawaiian affairs.
�
The stipend amount
shall be determined and disbursed by the office of Hawaiian affairs.
�
The councils shall be a part of the
department for administrative purposes.

����
(f)
�

The councils shall hold meetings and acquire information as they deem
necessary and shall communicate their findings and recommendations to the
department.
�
Notwithstanding section
92-3, whenever the location and description of burial sites are under
consideration, the councils may hold closed meetings.
�
A majority of all members
appointed
to
[
which
] each council [
is entitled
] shall constitute a quorum to
do business[
.
]
; provided that no fewer than three members shall
constitute a quorum to do business.
�

Concurrence of a majority of the members present at a meeting shall be
necessary to make any action of a council valid."

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SECTION 3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 4.
�
This Act shall take effect on July 1, 2026.

INTRODUCED
BY:

_____________________________

By
Request

Report Title:

Office of
Hawaiian Affairs Package; Historic Preservation; Island Burial Councils

Description:

Establishes
stipends for certain Island Burial Council members.
�
Amends section 6E-43.5, Hawaii Revised
Statues, relating to quorum and compensation.

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