RESOLUTION

WHEREAS, the State of Hawaii is a repository of countless cultural sites containing invaluable cultural material and resources; and

WHEREAS, the loss or destruction of these invaluable cultural and historical sites is irreparable; and

WHEREAS, the entire populace of the State of Hawaii benefits from the proper identification, interpretation, appropriate mitigation, preservation, and protection of exceptionally unique cultural sites; and

WHEREAS, the historic review process set forth under chapter 6E, Hawaii Revised Statutes, oversees the care, management, and protection of historic properties; and

WHEREAS, the profession of archaeology currently plays a pivotal role in the identification, protection, and mitigation of these important cultural sites; and

WHEREAS, the practices, understanding, and methods of modern archaeology can contain vastly different understandings and interpretations of both the professional expertise and opinion and the underlying cultural basis for these opinions; and

WHEREAS, landowners and developers are often subject to obtaining the professional services of archaeologists as mandated in various government approval processes and directives; and

WHEREAS, the consumers of archaeological services often find themselves with a nebulous understanding of the exact nature of services being rendered, the applicability of existing rules and laws, and at an extreme disadvantage in gauging the associated equity in the quality of work and financial costs associated with archaeological services; and

WHEREAS, the public and private sector engaged in obtaining archaeological services can expend substantial amounts of money for archaeological services; and

WHEREAS, the recent findings of the Office of the Auditor regarding the State Historic Preservation Division were critical of its management; and

WHEREAS, the Auditor's findings questioned the appearance of a "quid-pro-quo" atmosphere between State Historic Preservation Division regulator archaeologists and private contract archaeologists; and

WHEREAS, the consumer of archaeological services is at a serious disadvantage without proper oversight and regulation of the profession; and

WHEREAS, the lack of proper regulation leaves the Native Hawaiian community, and State of Hawaii community at large, at a serious disadvantage in protecting and preserving irreplaceable cultural resources that make Hawaii unique to the world; and

WHEREAS, members of the Native Hawaiian community have lodged numerous complaints with various state agencies regarding destruction of historical sites, inadequate archaeological surveys, and conflicts of interest in the archaeological community; and

WHEREAS, members of the Native Hawaiian community involved in the historic preservation review process have reported direct harm to cultural resources as a result of the lack of oversight and regulation of contract archaeologists in the rendering of services to private and public sector consumers; and

WHEREAS, the profession of archaeology is not licensed, but instead adheres to rules of professional conduct with little recourse for aggrieved individuals; and

WHEREAS, the Department of Commerce and Consumer Affairs maintains a Regulated Industries Complaints Office to oversee the regulation of licensed professional service providers; and

WHEREAS, the establishment of a license for professional archaeologists under the Department of Commerce and Consumer Affairs may provide necessary and proper oversight; and

WHEREAS, the establishment of a licensing board for archaeology, consisting of four peer members of the profession, two members of the public at large, and one member of the Native Hawaiian community, to oversee the performance and practices of contract archaeologists in disputes with consumers may be beneficial; and

WHEREAS, under section 26H-6, Hawaii Revised Statutes, a sunrise analysis by the Office of the Auditor must occur prior to the new regulation of an industry; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Office of the Auditor is requested to conduct a sunrise analysis of the regulation of the profession of archaeology, as proposed in Senate Bill No. 2149 of the Nineteenth Legislature 1998, except that the audit is requested to examine the licensing board composition described herein, rather than the board composition proposed in section 4 of S.B. No. 2149; and

BE IT FURTHER RESOLVED that the Office of the Auditor is requested to transmit the findings of the sunrise analysis to the Legislature no later than twenty days prior to the beginning of the 2006 Legislative Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Commerce and Consumer Affairs, Chairperson of the Board of Land and Natural Resources, Chairperson of the Office of Hawaiian Affairs, Auditor, and the Society for Hawaiian Archaeology.

Report Title:

Sunrise Analysis; Archaeology