RELATING TO ISLAND BURIAL COUNCILS.

HB409

HOUSE OF REPRESENTATIVES

H.B. NO.

409

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to ISLAND burial councils
.

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

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SECTION 1.
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The
legislature finds that iwi kupuna (ancestral remains) hold profound spiritual
and cultural significance for Native Hawaiian people.
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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).
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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.

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The legislature further finds that island
burial councils play a critical role in preserving iwi kupuna and upholding
Native Hawaiian burial practices.
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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.
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However, no similar criterion exists for
landowner and developer representatives.

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The legislature recognizes that to fully
align the composition of island burial council with Hawaiian values related to
malalma iwi kupuna, representatives of development and property owner interests
are not necessary members.
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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.

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Accordingly, the purpose of this Act is to
align the composition of island burial councils with values related to malama
iwi kapuna 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 overall composition of the island burial
councils.

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SECTION

2
.
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Section
6E-43.5, Hawaii Revised Statutes, is amended by:

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1.
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Amending subsection (a) to read as
follows:

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"(a)
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There shall be established within the
department five island burial councils, one each for Hawai`i, Maui/Lāna`i,
Moloka`i, O`ahu, and Kaua`i/Ni`ihau, to implement section 6E-43.
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Each council shall consist of [
nine
]
seven

members, except the Moloka`i council, which shall consist of five members.
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[
Each council shall consist of no more
than three representatives of development and large landowner interests;
provided that the Moloka`i council shall consist of no more than one
representative of development and large landowner interests.
]
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The [
remaining
] council members shall
represent the geographic regions identified in paragraphs (1) through (5).
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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).
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Each council shall
include at least one representative for each geographic region identified as
follows:

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(1)
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The Hawai`i council shall include the
following geographic regions:
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Kohala,
Kona, Ka`ū, Puna, Hilo, and Hāmākua;

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(2)
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The Maui/Lāna`i council shall include the
following geographic regions:
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Honua`ula,
Lahaina, Wailuku, Makawao, Hāna, and Lāna`i;

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(3)
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The Moloka`i council shall include the
following geographic regions:
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West
Moloka`i, Central Moloka`i, East Moloka`i, and Kalawao;

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(4)
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The O`ahu council shall include the following
geographic regions:
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Wai`ānae, `Ewa,
Kona, Ko`olaupoko, Ko`olauloa, and Waialua; and

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(5)
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The Kaua`i/Ni`ihau council shall include the
following geographic regions:
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Waimea/Na
Pali, Kōloa, Līhu`e, Kawaihau, Hanalei, and Ni`ihau.

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."

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2.
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By amending subsection (e) to read as
follows:

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"(e)
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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.
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The council members shall serve without
compensation, but shall be reimbursed for necessary expenses incurred during
the performance of their duties.
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The
councils shall be a part of the department for administrative purposes.
"

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

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

INTRODUCED BY:

_____________________________

By Request

Report Title:

Office of
Hawaiian Affairs Package; Burial Councils; Composition

Description:

Decreases
the size of the Island Burial Councils from 9 to 7 members.
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Removes the requirement for the councils to
include members having development and large property owner interests.

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