Hawaii Senate Bill SB268

Hawaii 2026 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 revises the membership and appointment structure of Hawaii’s five island burial councils, which advise on the protection and treatment of iwi kupuna (ancestral remains) under state burial law. The bill reduces each council from nine members to seven, except the Molokaʻi council, which would have five members, and it removes the statutory requirement that councils include representatives of development and large landowner interests. Instead, the remaining seats are to be filled by regional representatives from the Hawaiian community, selected for their understanding of Native Hawaiian culture, history, burial beliefs, customs, and practices. The bill also preserves and emphasizes the role of the Office of Hawaiian Affairs in the appointment process by requiring that at least two regional representatives on each council be appointed from a list of nominees submitted by OHA. It updates the consultation language for rulemaking to include the councils, OHA, and appropriate Hawaiian organizations, while deleting the explicit reference to development and large landowner representatives. The measure is framed as aligning council composition more closely with Native Hawaiian values and the cultural responsibility of malama iwi kupuna.

Impact

SB268 would amend section 6E-43.5 of the Hawaii Revised Statutes governing island burial councils. It would reduce council size, eliminate mandated seats for development and large property owner interests, and narrow the composition to regional representatives with relevant cultural knowledge. The bill would therefore change how burial council members are selected and could shift council decision-making further toward Native Hawaiian cultural and community perspectives, while removing a formal role for landowner and developer interests in the statutory structure.

Sentiment

The overall sentiment appears supportive, especially among committees focused on Hawaiian affairs and burial protection, as reflected by the bill passing the Senate Hawaiian Affairs Committee unanimously and the Senate Judiciary Committee with a majority vote. The bill’s findings and purpose section strongly express a cultural preservation rationale, suggesting broad support for strengthening Native Hawaiian stewardship over ancestral remains. However, the later House vote shows some resistance, with several representatives voting no and one voting aye with reservations, indicating that the bill was not universally accepted.

Contention

The main point of contention is the removal of required representation for development and large landowner interests. Supporters view those seats as unnecessary and potentially distracting from the councils’ cultural mission, while opponents likely see them as preserving stakeholder balance in decisions that can affect land use and development. Another possible issue is the reduction in council size, which may raise concerns about representation across geographic regions and interests. The split House vote, including votes against the amended version, suggests disagreement over whether the councils should be more culturally focused or retain broader stakeholder participation.