§6E-43.5  Island burial councils; creation;appointment; composition; duties.  (a)  The department shall establishisland burial councils for Hawaii, Maui/Lanai, Molokai, Oahu, and Kauai/Niihau,to implement section 6E-43.

(b)  Appointment of members to the councilsshall be made by the governor, in accordance with section 26-34, from a listprovided by the department, provided that a minimum of twenty per cent of theregional representatives shall be appointed from a list of at least ninecandidates provided by the office of Hawaiian affairs.  The department shalldevelop the list in consultation with appropriate Hawaiian organizations, suchas Hui Malama I Na Kupuna O Hawai‘i Nei.  The membership of each council shallinclude at least one representative from each geographic region of the islandas well as representatives of development and large property owner interests. Regional representatives shall be selected from the Hawaiian community on thebasis of their understanding of the culture, history, burial beliefs, customs,and practices of native Hawaiians.  The councils shall have a minimum of nineand a maximum of fifteen members, and have a ratio of not more than three toone and no less than two to one in favor of regional representatives.

(c)  The department, in consultation with thecouncils, office of Hawaiian affairs, representatives of development and largeproperty owner interests, and appropriate Hawaiian organizations, such as HuiMalama I Na Kupuna O Hawai‘i Nei, shall adopt rules pursuant to chapter 91necessary to carry out the purposes of this section.  The council members shallserve without compensation, but shall be reimbursed for necessary expensesincurred during the performance of their duties.  The councils shall be a partof the department for administrative purposes.

(d)  The councils shall hold meetings andacquire information as they deem necessary and shall communicate their findingsand recommendations to the department.  Notwithstanding section 92-3, wheneverthe location and description of burial sites are under consideration, thecouncils may hold closed meetings.  Concurrence of a majority of the memberspresent at a meeting shall be necessary to make any action of a council valid.

(e)  Department records relating to the locationand description of historic sites, including burial sites, if deemed sensitiveby a council or the Hawaii historic places review board, shall be confidential.

(f)  The councils shall:

(1)  Determine the preservation or relocation ofpreviously identified native Hawaiian burial sites;

(2)  Assist the department in the inventory andidentification of native Hawaiian burial sites;

(3)  Make recommendations regarding appropriatemanagement, treatment, and protection of native Hawaiian burial sites, and onany other matters relating to native Hawaiian burial sites;

(4)  Elect a chairperson for a four-year term whoshall serve for not more than two consecutive terms; and

(5)  Maintain a list of appropriate Hawaiianorganizations, agencies, and offices to notify regarding the discovery ofremains. [L 1990, c 306, pt of §3; am L 2000, c 6, §1]