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 and artifacts.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           568
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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      ""Burial specialist" means a person within the department or
 
 5 member of an island burial council who possesses at least five
 
 6 years experience with human skeletal remains as a result of
 
 7 inadvertent discovery, repatriation, or reinternment."
 
 8      SECTION 2.  Section 6E-11, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (c) to read as follows:
 
10      "(c)  Any person who violates this section shall be fined
 
11 not more than $10,000 for each separate offense.  If the violator
 
12 directly or indirectly has caused the loss of, or damage to,
 
13 historic property or burial site, the violator shall be fined an
 
14 additional amount determined by the court to be equivalent to the
 
15 value of the lost or damaged historic property or burial site.
 
16 Each day of continued violation of this provision shall
 
17 constitute a distinct and separate offense for which the offender
 
18 may be punished.  Equipment used by a violator for the taking,
 
19 appropriation, excavation, injury, destruction, or alteration of
 

 
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 1 historic property or a burial site, or for the transportation of
 
 2 the violator to or from the historic property or a burial site,
 
 3 shall be subject to seizure and disposition by the State without
 
 4 compensation to its owner or owners.  Violators of this section
 
 5 also shall be subject to forfeiture of the historic property or
 
 6 burial site to the State without compensation."
 
 7      SECTION 3.  Section 6E-43.5, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (c) to read as follows:
 
 9      "(c)  The department, in consultation with the councils,
 
10 office of Hawaiian affairs, representatives of development and
 
11 large property owner interests, and appropriate Hawaiian
 
12 organizations, such as Hui Malama I Na Kupuna O Hawai`i Nei,
 
13 shall adopt rules pursuant to chapter 91 necessary to carry out
 
14 the purposes of this section.  The council members shall serve
 
15 without compensation, but shall be reimbursed for necessary
 
16 expenses incurred during the performance of their duties.  The
 
17 councils shall be a part of the department for administrative
 
18 purposes.  The department shall establish, maintain, and support
 
19 a burial sites program to provide administrative support to the
 
20 councils, and to implement applicable duties and responsibilities
 
21 relating to burial sites and human skeletal remains as stated
 
22 throughout this chapter."
 
23      SECTION 4.  Section 6E-43.6, Hawaii Revised Statutes, is
 
24 amended by amending subsections (b) and (c) to read as follows:
 

 
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 1      "(b)  The discovery shall be reported as soon as possible to
 
 2 the department[, the appropriate medical examiner or coroner,]
 
 3 and the appropriate police department.  As soon as practicable,
 
 4 the department shall notify the appropriate council and the
 
 5 office of Hawaiian affairs[.], where the context suggests the
 
 6 remains are Hawaiian.
 
 7      (c)  After notification of the discovery of multiple
 
 8 skeletons, the following shall be done within two working days,
 
 9 if on Oahu, and three working days, if in other council
 
10 jurisdictions:
 
11      (1)  A [representative of the medical examiner or coroner's
 
12           office and a] qualified archaeologist or burial
 
13           specialist shall [examine] inspect the remains to
 
14           determine jurisdiction.  If the remains are the
 
15           responsibility of the [medical examiner or coroner,]
 
16           police department, the department's involvement shall
 
17           end.  If the remains are historic or prehistoric
 
18           burials, then the remainder of this section shall
 
19           apply;
 
20      (2)  The department shall gather sufficient information,
 
21           including oral tradition, to document the nature of the
 
22           burial context and determine appropriate treatment of
 
23           the remains.  Members of the appropriate council shall
 

 
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 1           be allowed to oversee the on-site [examination]
 
 2           inspection and, if warranted, removal; and
 
 3      (3)  If removal of the remains is warranted, based on
 
 4           criteria developed by the department, in consultation
 
 5           with the councils, office of Hawaiian affairs,
 
 6           representatives of development and large property owner
 
 7           interests, and appropriate Hawaiian organizations, such
 
 8           as Hui Malama I Na Kupuna O Hawai`i Nei, through rules
 
 9           adopted pursuant to chapter 91, the removal of the
 
10           remains shall be overseen by a qualified archaeologist
 
11           or burial specialist and a mitigation plan shall be
 
12           prepared by the department or with the concurrence of
 
13           the department."
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:  _______________________