STAND. COM. REP. NO. 3105

Honolulu, Hawaii

RE: H.B. No. 1529

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred H.B. No. 1529, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BURIAL COUNCILS,"

begs leave to report as follows:

The purpose and intent of this measure is to allow an Island Burial Council member whose term has expired to continue in office as a holdover member until the member's reappointment to a second term is confirmed or a successor is nominated and appointed.

Your Committee received testimony in support of this measure from one individual.

Your Committee received comments on this measure from the Department of Land and Natural Resources.

Your Committee finds that delays in nominating and appointing, or reappointing, members to Island Burial Councils may affect the ability of councils to function effectively. If a member's term expires and the member's reappointment is delayed or a successor is not timely appointed, the Island Burial Council may lack sufficient quorum necessary to conduct business. Your Committee further finds that Island Burial Councils do not always allow council members or the public to participate in meetings virtually or by phone, further delaying meetings. Therefore, your Committee finds that this measure should ensure that Island Burial Councils will continue to run smoothly by permitting any Island Burial Council member whose term has expired to continue in office as a holdover member and additionally allowing Island Burial Council meetings be conducted pursuant to section 92-3.7, Hawaii Revised Statutes, to accommodate remote participation from council members and the public.

Your Committee notes that Island Burial Council meetings are often postponed because they lack sufficient quorum. Your Committee also notes that meetings may also be delayed by the opinion of the Chairperson of the Burial Council on remote participation in meetings or proceedings. These delays impede land development, hampering the State's ability to provide affordable housing for residents amid a housing crisis. Therefore, your Committee recommends that a Burial Council Chairperson's preferences regarding remote participation in meetings shall not be binding and only advisory.

Your Committee has amended this measure by:

(1) Inserting language allowing Island Burial Council meetings be conducted pursuant to section 92-3.7, Hawaii Revised Statutes, to allow council members and the public to participate in meetings remotely;

(2) Amending section 1 to reflect its amended purpose; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1529, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1529, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

________________________________

MAILE S.L. SHIMABUKURO, Chair