Bill Text: HI SB407 | 2013 | Regular Session | Amended
Bill Title: OHA Package; Island Burial Councils; Composition
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-09 - Act 276, 7/9/2013 (Gov. Msg. No. 1382). [SB407 Detail]
Download: Hawaii-2013-SB407-Amended.html
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THE SENATE |
S.B. NO. |
407 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO ISLAND BURIAL COUNCILS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the statute providing for the establishment of the island burial councils needs to be clarified and simplified to ensure that the island burial councils can fulfill their critical responsibilities.
SECTION 2. Section 6E-43.5, Hawaii Revised Statutes, is amended to read as follows:
"§6E-43.5 Island burial councils;
creation; appointment; composition; duties. (a) [The department shall
establish] There are established within the department five island
burial councils, one each for [Hawaii, Maui/Lanai, Molokai, Oahu, and
Kauai/Niihau,] Hawai‘i,
Maui/Lāna‘i,
Moloka‘i,
O‘ahu,
and Kaua‘i/Ni‘ihau, to
implement section 6E-43. Each council shall consist of nine members, except
the Moloka‘i
council, which shall consist of five members. Each council shall consist of no
more than three representatives of development and large land owner interests;
provided that the Moloka‘i
council shall consist of no more than one representative of development and
large property owner interests. The remaining council members shall represent
the geographic regions identified in paragraphs (1) through (5). 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). Each council shall include
at least one representative from each geographic region identified as follows:
(1) The Hawai‘i council shall include the following geographic regions: Kohala, Kona, Ka‘ū, Puna, Hilo, and Hāmākua;
(2) The Maui/Lāna‘i council shall include the following geographic regions: Honua‘ula, Lahaina, Wailuku, Makawao, Hāna, and Lāna‘i;
(3) The Moloka‘i council shall include the following geographic regions: West Moloka‘i, Central Moloka‘i, East Moloka‘i, and Kalawao;
(4) The O‘ahu council shall include the following geographic regions: Wai‘anae, ‘Ewa, Kona, Ko‘olaupoko, Ko‘olauloa, and Waialua; and
(5) The Kaua‘i/Ni‘ihau council shall include the following geographic regions: 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.
(b) Appointment of members to the councils shall
be made by the governor, in accordance with section 26-34[,] and
subsection (a), from [a list provided] lists for each council
submitted by the department[, provided that a minimum of twenty per cent
of the regional representatives shall be appointed from a list of at least nine
candidates provided by the office of Hawaiian affairs. The department shall
develop the list in consultation with appropriate Hawaiian organizations, such
as Hui Malama I Na Kupuna O Hawai‘i
Nei. The membership of each council shall include at least one representative
from each geographic region of the island as well as representatives of
development and large property owner interests. Regional representatives shall
be selected from the Hawaiian community on the basis of their understanding of
the culture, history, burial beliefs, customs, and practices of native
Hawaiians. The councils shall have a minimum of nine and a maximum of fifteen
members, and have a ratio of not more than three to one and no less than two to
one in favor of regional representatives.] and the office of Hawaiian
affairs. Lists to fill vacancies on the councils shall be submitted as
follows:
(1) For vacancies attributable to the expiration of terms, the list shall be submitted on the first business day of December prior to the expiration of the terms. Each list submitted by the department and by the office of Hawaiian affairs for any council shall include enough names to permit the governor to fill the last vacant seat on the council with one of at least two listed individuals qualified to fill the vacancy; and
(2) For a vacancy that occurs during a council representative's term, the list shall be submitted within thirty business days after the vacancy occurs, except as provided in subsection (c). Each list shall include at least two individuals qualified to fill each vacancy.
(c) The department may submit any list to fill a vacancy up to fifteen days after the office of Hawaiian affairs submits its list for the same vacancy; provided that the failure of the department to submit any list by any relevant deadline or fifteen days after the office of Hawaiian affairs submits its list, whichever occurs later, shall be construed as a waiver of the department's right to submit a list.
[(c)] (d) The department, in
consultation with the councils, office of Hawaiian affairs, representatives of
development and large [property] land owner 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.
The council members shall serve without compensation, but shall be reimbursed
for necessary expenses incurred during the performance of their duties. The
councils shall be a part of the department for administrative purposes.
[(d)] (e) The councils shall
hold meetings and acquire information as they deem necessary and shall
communicate their findings and recommendations to the department.
Notwithstanding section 92-3, whenever the location and description of burial
sites are under consideration, the councils may hold closed meetings. A
majority of all members to which each council is entitled shall constitute a
quorum to do business. Concurrence of a majority of the members present at
a meeting shall be necessary to make any action of a council valid.
[(e)] (f) Department records
relating to the location and description of historic sites, including burial
sites, if deemed sensitive by a council or the [Hawaii] Hawai‘i historic
places review board, shall be confidential.
[(f)] (g) The councils shall:
(1) Determine the preservation or relocation of previously identified native Hawaiian burial sites;
(2) Assist the department in the inventory and identification of native Hawaiian burial sites;
(3) Make recommendations regarding appropriate management, treatment, and protection of native Hawaiian burial sites, and on any other matters relating to native Hawaiian burial sites;
(4) Elect a chairperson for a four-year term who shall serve for not more than two consecutive terms; and
(5) Maintain a list of appropriate Hawaiian organizations, agencies, and offices to notify regarding the discovery of remains."
SECTION 3. Notwithstanding the amendments made by this Act to section 6E-43.5, Hawaii Revised Statutes, each current sitting council member is authorized to serve the remainder of the member's term.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
OHA Package; Island Burial Councils; Composition
Description:
Clarifies statutory provisions relating to composition and quorum of island burial councils. (SB407 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
