Hawaii Senate Bill SB268

Hawaii 2025 Regular Session

• Introduced: 1/15/25
• Refer: 1/21/25
• Report Pass: 2/11/25
• Refer: 2/11/25
• Report Pass: 2/28/25
• Engrossed: 3/4/25
• Refer: 3/6/25
• Report Pass: 3/19/25
• Refer: 3/19/25

Caption

Relating To Island Burial Councils.

Summary

SB268 would amend Hawaii law governing the island burial councils that help implement the state’s burial protection statutes. The bill keeps five councils for Hawaiʻi, Maui/Lānaʻi, Molokaʻi, Oʻahu, and Kauaʻi/Niʻihau, but reduces the standard membership from nine to seven members, with the Molokaʻi council remaining at five members. It also removes the statutory requirement that each council include representatives of development and large landowner interests. The bill emphasizes that council members should be drawn from the Hawaiian community and selected for their understanding of Native Hawaiian culture, history, burial beliefs, customs, and practices in the region they represent. It preserves the requirement that at least two regional representatives on each council come from nominees submitted by the Office of Hawaiian Affairs, and it keeps the councils within the Department of Land and Natural Resources for administrative purposes. The measure also directs the department, in consultation with the councils, OHA, and Hawaiian organizations, to adopt implementing rules. In practical terms, SB268 would narrow and reshape the composition of the island burial councils by eliminating mandated seats for developer and large-property-owner interests and reducing overall council size. That change would affect the appointment process under section 6E-43.5 of the Hawaii Revised Statutes and would likely shift council deliberations more fully toward Native Hawaiian cultural and burial-practice perspectives. The bill is framed as part of an Office of Hawaiian Affairs package and is intended to better align council membership with the protection of iwi kupuna (ancestral remains). The general sentiment reflected in the bill text and voting history is supportive of the measure’s cultural focus. The bill passed the Senate Hawaiian Affairs Committee unanimously and then passed the Senate Judiciary Committee by a 3-1 vote, suggesting broad support with some limited opposition. No committee transcripts were provided, but the statutory findings strongly favor Native Hawaiian stewardship and describe developer and landowner representation as unnecessary and potentially distracting from the councils’ purpose. The main point of contention is the removal of development and large landowner representatives from the councils. Supporters appear to view that change as necessary to center Native Hawaiian values and burial protection, while any opposition likely concerns the loss of formal representation for property development interests in decisions that can affect land use and burial site management. The bill’s effective date of July 1, 3000 is a standard placeholder and does not indicate immediate operational change.

Impact

SB268 would amend section 6E-43.5, Hawaii Revised Statutes, by changing the composition of the five island burial councils, reducing their size, and deleting the statutory requirement for seats reserved for development and large landowner interests. It would preserve the councils’ role within the Department of Land and Natural Resources, maintain Office of Hawaiian Affairs involvement in nominations, and require rulemaking in consultation with Hawaiian organizations. The bill would therefore alter appointment criteria and council structure, but not the underlying burial protection framework in chapter 6E.

Sentiment

The available legislative history suggests generally favorable sentiment toward the bill, especially within committees focused on Hawaiian affairs. It passed the Senate Hawaiian Affairs Committee unanimously and the Senate Judiciary Committee with only one dissenting vote, indicating broad support with some reservation. The bill’s findings and purpose section are strongly supportive of Native Hawaiian cultural stewardship and frame the change as a corrective to the current council composition.

Contention

The principal controversy is whether island burial councils should continue to include representatives of development and large property owner interests. Supporters argue those seats are unnecessary and can detract from the councils’ cultural mission to protect iwi kupuna, while opponents likely worry about losing a formal voice for land use and property interests in burial-related decisions. A secondary issue is the reduction in council size, which may be seen as improving focus and efficiency by supporters but narrowing representation by critics.