WeVote
Log In

Bill

Bill

GM 1196

Informing the Legislature that on June 5, 2026, the Governor signed the following bill into law: HB2104 HD2 SD1 CD1 (ACT 096).

2026 Regular Session

Strengthen island burial councils to improve recruitment, compensation, and decision-making for iwi kupuna, ensuring timely actions and better representation.

Received.
#act096
0
WeVote Research Nonpartisan
Bill Summary · GM 1196

Overview

  • Jurisdiction: Hawaii
  • Bill: HB2104, HD2, SD1, CD1
  • Title: Relating to Island Burial Councils
  • Enactment: Act 096, signed into law June 5, 2026
  • Purpose: Strengthen island burial councils (IBC) to better protect iwi kupuna (ancestral remains) by addressing vacancies, compensation, and quorum requirements, thereby improving decision-making and representation for Native Hawaiian families and communities.

Main purpose and intent

  • Recognize the critical role of island burial councils in safeguarding burial sites and advising the Department of Land and Natural Resources on matters affecting iwi kupuna.
  • Address systemic constraints that limit councils’ effectiveness, especially on less populated islands, where vacancies, lack of compensation, and insufficient staff hinder operations.
  • Improve recruitment and retention of council members and expedite decision-making processes related to iwi kupuna.

Key provisions and changes

  1. Vacancy and appointment process

    • Extend time to fill vacancies that arise during a council member’s term.
    • Appointment process remains through the governor, with nomination lists from the department and the Office of Hawaiian Affairs (OHA).
    • For vacancies due to term expiration: lists due on the first business day of December before term expiration.
    • For mid-term vacancies: lists due within 75 calendar days after the vacancy occurs (previous language implied a longer period).

  2. Compensation and reimbursements

    • Council members shall serve without compensation as salary but are eligible for reimbursements for necessary expenses.
    • Geographic region representatives may receive a per diem stipend for each day of attendance at duly noticed meetings.
    • The stipend amount, eligibility, and process are determined by the board of trustees of OHA.
    • All council members’ necessary expenses remain reimbursable.

  3. Quorum and meeting rules

    • Quorum for each council is a majority of the appointed members, but no fewer than three members.
    • Concurrence of a majority of the members present is required to validate any council action.
    • Councils may hold closed meetings when addressing burial site locations and descriptions, subject to applicable laws.

  4. Administrative and statutory adjustments

    • Councils become a part of the Department of Land and Natural Resources for administrative purposes.
    • The department, in consultation with councils, OHA, and other relevant stakeholders, shall adopt rules to carry out these provisions (Ch. 91 rulemaking).

Who is affected

  • Native Hawaiian iwi kupuna and their lineal and cultural descendants, who gain a more stable and effective process for decisions concerning burial sites.
  • Island Burial Councils themselves, especially on less populated islands that previously faced quorum and staffing challenges.
  • Members of the island burial councils (uncompensated as salary but eligible for expenses and potential stipends).
  • The Department of Land and Natural Resources (administrative integration) and the Office of Hawaiian Affairs (stipend administration and rulemaking collaboration).
  • Development and large landowner interests and Hawaiian organizations (in rulemaking and advisory roles).

Procedural and timeline aspects

  • Effective date: Upon approval (June 5, 2026).
  • Appointment and vacancy timelines:
    • December (for term expirations) submission deadline on the first business day before term expiration.
    • Mid-term vacancies to be filled within 75 days of vacancy occurrence.
  • Rulemaking: The department, in consultation with stakeholders, must adopt rules under Chapter 91 to implement the provisions.
  • Quorum and decision-making: Majority of appointed members constitutes quorum; at least three members required for quorum; majority vote needed for actions.
  • Closed meetings: Allowed when discussing the location/description of burial sites.

Potential impact

  • Improved recruitment and retention of IBC members, reducing vacancies and delays.
  • More predictable and timely decision-making regarding iwi kupuna.
  • Enhanced compensation framework that may attract participants to serve in underrepresented regions.
  • Stronger protection and respectful treatment of Native Hawaiian ancestral remains through more consistent governance and stakeholder engagement.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.