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Senate Hawaiian Affairs committee advances language, cultural and burial bills; defers Hawaiian Homes election measure

January 25, 2025 | Senate Committee on Hawaiian Affairs, Senate, Legislative , Hawaii



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This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Senate Hawaiian Affairs committee advances language, cultural and burial bills; defers Hawaiian Homes election measure
Senate Committee on Hawaiian Affairs Chair Senator Tim Richards announced Tuesday that the committee voted to advance several bills affecting Hawaiian language use, cultural centers, burial-site protections, the Office of Hawaiian Affairs’ budget and commemorations of Prince Jonah Kuhio — and deferred a measure to change how the Hawaiian Homes Commission is selected.

The committee took final action after public testimony from more than 100 people on multiple measures and legal comments from the Department of the Attorney General and state agencies. Chair Richards said the votes reflected amendments negotiated in committee and that some bills will include technical edits and delayed effective dates.

Why it matters: the package touches core native Hawaiian policy areas — statutory interpretation of Hawaiian-language texts, new cultural infrastructure, how burial sites are protected at the island level, funding for OHA programs and symbolic recognition for Prince Kuhio. One measure that would have changed appointment rules for the Hawaiian Homes Commission raised constitutional and federal-law questions and was deferred.

SB 109 — Hawaiian-language texts and statutory interpretation
Senate Bill 109 would broaden circumstances in which an official Hawaiian-language version of a law could govern interpretation. The Department of the Attorney General, represented by Deputy Attorney General Okulei Lindsey, urged limiting language in the bill to laws originally drafted in Hawaiian and not later amended or reenacted in English. “While we appreciate the intent of this bill, section 1-13 of the Hawaii Revised Statutes currently provides that the English version of the law is binding whenever there is any radical irreconcilable difference between English and Hawaiian version of any laws of the state,” Lindsey said, recommending a targeted proviso to reduce legal uncertainty.

The judiciary’s Johanna Chap Tam testified in support. “We support this bill wholeheartedly,” she said, citing the importance of backing Olelo Hawaii’s status. The committee passed SB 109 with the attorney general’s recommended amendment; Chair Richards recorded his aye and the committee adopted the recommendation.

SB 199 — State cultural center goal and funding timeline
SB 199 directs work toward establishing a state-sanctioned Hawaiian cultural center and includes a committee amendment to set a long-range target date. Lena Alalei of the Office of Hawaiian Affairs (OHA) testified in support with comments and was available for questions. Multiple community witnesses urged passage, and the committee adopted amendments proposed by OHA and set a defective date (effective deadline) of July 1, 2050. The measure passed as amended; Senator Keohokalole recorded reservations during the vote.

SB 268 — Island burial councils and burial-site protections
SB 268 drew extensive oral and written testimony. Testifiers from multiple islands—including representatives of burial councils, cultural practitioners, and community organizations—urged stronger protections for iwi kūpuna (ancestral remains) and cited recent incidents that heightened concern about desecration and enforcement. One speaker noted that some island burial councils have struggled to meet quorum and that Kauai’s island burial council had not met for two years, limiting local oversight. Jessica Puff, administrator for the State Historic Preservation Division (SHPD), and OHA advocacy staff stood on written testimony in support.

Support was broad in the record: the clerk read a list of 65 written supporters. After discussion and technical edits, the committee passed SB 268 with amendments.

SB 269 — OHA budget
SB 269, the Office of Hawaiian Affairs budget bill, received in-person and written support from beneficiaries and stakeholders. OHA staff stood on their testimony. The committee approved the bill with amendments and set a defective date of July 31, 2050. The record listed 44 submissions in support.

SB 624 — Prince Jonah Kuhio portraits and public recognition
SB 624 would encourage portraits or displays recognizing the historical contributions of Prince Jonah Kuhio. Testimony in support came from Hawaiian homestead beneficiaries, the Waianae community, and OHA. Patty Kahanamoku Teruya and Germaine Myers urged placing portraits in high-traffic public buildings and on Hawaiian homelands to educate residents and visitors; OHA’s Lena Alalei testified in strong support. During decision-making, Chair Richards asked the Department of Hawaiian Home Lands (DHHL) to work with the community to identify an official portrait and community process; the committee passed SB 624 with technical amendments.

SB 625 — Changes to Hawaiian Homes Commission selection (deferred)
SB 625, a proposal that would alter whether Hawaiian Homes Commission members and the director are appointed or elected, prompted the sharpest legal pushback. Deputy Attorney General Okulei Lindsey told the committee the measure may conflict with Article V, section 6 of the Hawaii Constitution because the governor nominates and the senate confirms heads of principal departments. Testimony from beneficiaries and former commissioners urged more beneficiary control; others cautioned that federal approval and constitutional constraints create legal risk. The committee deferred SB 625 indefinitely to continue discussions and to seek further legal analysis.

Votes at a glance
- SB 109 (Hawaiian-language interpretation): Passed with amendments (Chair Richards recorded aye; Vice Chair Joy San Buenaventura recorded aye; Senator Keohokalole and Senator Descartes recorded aye; Senator Ihara excused).
- SB 199 (state cultural center): Passed with amendments and defective date of July 1, 2050 (committee adopted OHA amendments; Senator Keohokalole recorded a reservation).
- SB 268 (island burial councils/burial protections): Passed with amendments (record shows extensive public support; 65 written supporters).
- SB 269 (OHA budget): Passed with amendments and defective date of July 31, 2050 (44 written supporters recorded).
- SB 624 (Prince Kuhio portrait/recognition): Passed with technical amendments; committee requested DHHL coordinate a community process to identify an official portrait.
- SB 625 (Hawaiian Homes Commission selection): Deferred indefinitely for further legal review and discussion.

What happened next and follow-ups
Chair Richards said committee notes will ask DHHL to work with communities to identify an official portrait of Prince Kuhio and to develop a community process for input. The Attorney General agreed to provide further analysis on the constitutional and federal-law questions raised by proposals to change Hawaiian Homes Commission selection. Several testifiers asked the chairs to pursue clearer enforcement and staffing for island burial councils so they can meet and act locally.

Community reaction and concerns
Speakers from Molokai, Kauai and other islands expressed both support for stronger protections and frustration that some island burial councils lack capacity or were not consulted in working groups. Multiple testifiers framed the measures as steps to protect culture and to repair long-standing grievances. Legal and procedural concerns from the Attorney General and voting-rights precedents (cited in testimony) shaped the committee’s decision to defer the Hawaiian Homes selection measure.

The committee adjourned after the votes and deferred SB 625 to allow more legal review and continued stakeholder engagement.

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