REPORT TITLE:
Historic Preservation


DESCRIPTION:
Establishes a burial site program within DLNR to assist island
burial councils with their mandated responsibilities.  Clarifies
and strengthens various laws relating to the preservation of
native Hawaiian burial sites, heiau, and artifacts.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HISTORIC PRESERVATION. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Heiau" means any place of traditional Hawaiian religious
 
 5 worship that is included in the statewide inventory of historic
 
 6 places, or eligible for inclusion through a county, state, or
 
 7 federal historic review process."
 
 8      SECTION 2.  Section 6E-11, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§6E-11  Penalties.(a)  It shall be unlawful for any
 
11 person, natural or corporate, to take, appropriate, excavate,
 
12 injure, destroy, or alter any historic property or aviation
 
13 artifact located upon the private lands of any owner thereof
 
14 without the owner's written permission being first obtained.  It
 
15 shall be unlawful for any person, natural or corporate, to take,
 
16 appropriate, excavate, injure, destroy, or alter any historic
 
17 property or aviation artifact located upon lands owned or
 
18 controlled by the State or any of its political subdivisions,
 
19 except as permitted by the department.
 

 
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 1      (b)  It shall be unlawful for any person, natural or
 
 2 corporate, to knowingly take, appropriate, excavate, injure,
 
 3 destroy, or alter any burial site or the contents thereof,
 
 4 located on private lands or lands owned or controlled by the
 
 5 State or any of its political subdivisions, except as permitted
 
 6 by the department.  Violators of this subsection are also subject
 
 7 to prosecution pursuant to section 711-1107, the penalties for
 
 8 which shall be imposed in addition to, and not in lieu of, any
 
 9 penalties imposed under this section.
 
10      (c)  It shall be unlawful for any person, natural or
 
11 corporate, to knowingly take, appropriate, excavate, injure,
 
12 destroy, or alter any heiau or the contents thereof, located on
 
13 private lands or lands owned or controlled by the State or any of
 
14 its political subdivisions, except as permitted by the
 
15 department.  Violators of this subsection shall be subject to
 
16 prosecution pursuant to section 711-1107, the penalties of which
 
17 shall be imposed in addition to, and not in lieu of, any
 
18 penalties imposed under this section.
 
19      [(c)] (d)  Any person who violates this section shall be
 
20 fined not more than [$10,000] $25,000 for each separate offense.
 
21 If the violator directly or indirectly has caused the loss of, or
 
22 damage to, historic property, heiau, or burial site, the violator
 
23 shall be fined an additional amount determined by the court to be
 

 
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 1 equivalent to the value of the lost or damaged historic property,
 
 2 heiau, or burial site.  Each day of continued violation of this
 
 3 provision shall constitute a distinct and separate offense for
 
 4 which the offender may be punished.  Equipment used by a violator
 
 5 for the taking, appropriation, excavation, injury, destruction,
 
 6 or alteration of historic property, heiau, or a burial site, or
 
 7 for the transportation of the violator to or from the historic
 
 8 property, heiau, or [a] burial site, shall be subject to seizure
 
 9 and disposition by the State without compensation to its owner or
 
10 owners.
 
11      [(d)] (e)  Any person, natural or corporate, who knowingly
 
12 violates this section with respect to burial sites or heiau shall
 
13 also be prohibited from participating in the construction of any
 
14 state or county funded project for ten years.
 
15      (f)  Any owner, natural or corporate, who receives actual
 
16 notice of a violation that occurred on the owner's private lands
 
17 also violates this section if the owner knowingly:
 
18      (1)  Fails to take internal corrective action in a timely
 
19           fashion to prevent further damage to the heiau, or
 
20           burial site; or
 
21      (2)  Fails to report the violation to the department in a
 
22           timely fashion."
 
23      SECTION 3.  Section 6E-43.5, Hawaii Revised Statutes, is
 

 
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 1 amended by amending subsection (c) to read as follows:
 
 2      "(c)  The department, in consultation with the councils,
 
 3 office of Hawaiian affairs, representatives of development and
 
 4 large property owner interests, and appropriate Hawaiian
 
 5 organizations, such as Hui Malama I Na Kupuna O Hawai`i Nei,
 
 6 shall adopt rules pursuant to chapter 91 necessary to carry out
 
 7 the purposes of this section.  The council members shall serve
 
 8 without compensation, but shall be reimbursed for necessary
 
 9 expenses incurred during the performance of their duties.  The
 
10 councils shall be a part of the department for administrative
 
11 purposes.  The department shall have a duty to establish and
 
12 effectively maintain a burial sites program to provide
 
13 administrative support to the councils, and to implement all
 
14 applicable duties and responsibilities relating to burial sites
 
15 and human skeletal remains as stated throughout this chapter."
 
16      SECTION 4.  Section 6E-43.6, Hawaii Revised Statutes, is
 
17 amended by amending subsections (b) and (c) to read as follows:
 
18      "(b)  The discovery shall be reported as soon as possible to
 
19 the department[, the appropriate medical examiner or coroner,]
 
20 and the appropriate police department.  As soon as practicable,
 
21 the department shall notify the appropriate council and the
 
22 office of Hawaiian affairs, where the context suggests the
 
23 remains are Hawaiian.
 

 
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 1      (c)  After notification of the discovery of multiple
 
 2 skeletons, the following shall be done within two working days,
 
 3 if on Oahu, and three working days, if in other council
 
 4 jurisdictions:
 
 5      (1)  A [representative of the medical examiner or coroner's
 
 6           office and a] qualified archaeologist shall [examine]
 
 7           inspect the remains and burial context to determine
 
 8           jurisdiction.  If the remains are the responsibility of
 
 9           the [medical examiner or coroner,] police department,
 
10           the department's involvement shall end.  If the remains
 
11           are historic or prehistoric burials, then the remainder
 
12           of this section shall apply;
 
13      (2)  The department shall gather sufficient information,
 
14           including oral tradition, to document the nature of the
 
15           burial context and determine appropriate treatment of
 
16           the remains.  Members of the appropriate council shall
 
17           be allowed to oversee the on-site [examination]
 
18           inspection and, if warranted, removal; and
 
19      (3)  If removal of the remains is warranted, based on
 
20           criteria developed by the department, in consultation
 
21           with the councils, office of Hawaiian affairs,
 
22           representatives of development and large property owner
 
23           interests, and appropriate Hawaiian organizations, such
 

 
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 1           as Hui Malama I Na Kupuna O Hawai`i Nei, through rules
 
 2           adopted pursuant to chapter 91, the removal of the
 
 3           remains shall be overseen by a qualified archaeologist
 
 4           and a mitigation plan shall be prepared by the
 
 5           department or with the concurrence of the department."
 
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 6.  This Act shall take effect upon its approval.