THE SENATE	S.B. NO.	2524
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

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 due to Molokai's small population, the residents have struggled to meet the requirements for the Molokai island burial council membership.  The law requires members from different geographic regions and representation of development and large property owner interests.  In 2008, there was only one meeting of the Molokai island burial council; all other meetings were cancelled due to lack of quorum.  A meeting scheduled for January 2009 was also cancelled due to lack of quorum.  The state archaeologist and the history and culture branch chief of the state historic preservation division traveled to Molokai to meet with island burial council members and concerned community members.

     In 2009, the two development representatives' terms expired and the community, despite good faith efforts, has been unable to recruit new members.  There are educated, active young people willing to serve, but they are denied the opportunity because they are not developers or do not represent a specific geographic region.  The Molokai community is small and this has hindered the island burial council's ability to function as needed. 

     The purpose of this Act is allow certain requirements of membership to the Molokai island burial council to be waived by the governor upon recommendation by the department of land and natural resources.

     SECTION 2.  Section 6E-43.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Appointment of members to the councils shall be made by the governor, in accordance with section 26-34, from a list provided 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[.]; provided that if after a good faith effort a qualified candidate is not available for the island of Molokai, the governor, upon recommendation of the department, may waive these requirements.  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[.]; provided that if the governor waives the geographic region requirements, the ratio of not more than three to one and no less than two to one shall not apply."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Island Burial Councils; Molokai; Waiver of Requirements

Description:

Authorizes the governor to waive the requirements that the Molokai island burial council membership include geographic region, development, and large property owner representatives.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.