HB2104 amends Hawaii law governing Island Burial Councils, which advise the Department of Land and Natural Resources on matters involving Native Hawaiian ancestral remains and burial sites. The bill is aimed at improving the councils’ ability to function by addressing persistent vacancies, lack of compensation, and quorum problems that have limited their effectiveness, especially on less populated islands.
The measure extends the deadline for submitting nomination lists to fill mid-term vacancies from 30 business days to 75 calendar days, gives geographic-region council members the option to receive a stipend for attending duly noticed meetings, and changes the quorum rule so that a majority of appointed members constitutes a quorum, with a floor of three members. It also preserves reimbursement for necessary expenses and allows closed meetings when burial site locations and descriptions are under consideration.
Impact
The bill amends Section 6E-43.5, Hawaii Revised Statutes, affecting the appointment process, compensation structure, and operating rules for Island Burial Councils. It changes how quickly vacancies must be filled, authorizes stipends paid by the Office of Hawaiian Affairs for certain council members, and lowers the practical barrier to conducting council business by revising quorum requirements. These changes are intended to improve recruitment, retention, and decision-making for bodies involved in historic preservation and Native Hawaiian burial protections.
Sentiment
The overall sentiment around the bill appears strongly supportive and noncontroversial. The bill passed Senate Hawaiian Affairs, Senate Ways and Means, and conference committees unanimously or near-unanimously, and it was ultimately enacted as Act 096. The findings and description frame the measure as a needed administrative and cultural support package for Native Hawaiian communities and burial protection efforts.
Contention
The main policy tensions reflected in the bill are not partisan but structural: how to balance transparency and open-meeting rules with the need for closed sessions on sensitive burial-site information, how to ensure councils have enough members to act without weakening representation, and whether stipends should be provided for what had been uncompensated service. The bill also reflects an implicit concern from Native Hawaiian and historic preservation advocates that vacancies and lack of support have prevented lineal and cultural descendants from having a meaningful voice in decisions affecting iwi kupuna.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.