SB2894

SECTION 1. Chapter 6E, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§6E-A Development and maintenance of a statewide survey and inventory to identify and document burial sites. The state historic preservation officer, in consultation with the island burial councils, shall be responsible for developing and maintaining a comprehensive statewide survey of all known burial sites in the State. The survey shall be updated every five years. The survey shall include categorization, in writing and in picture, of all contents found at a site, including human skeletal remains and burial goods, according to generally approved archaeological methods. The survey also shall make recommendations on preserving the site and its contents. The society for Hawaiian archaeology shall be permitted to review the survey upon request by its board through its president. The survey shall not be made public except to carry out the purposes of this chapter and for legal enforcement purposes; provided that any public disclosure shall be limited strictly to those parts of the survey that are necessary to carry out such purposes.

§6E-B Hawai‘i burial sites special fund. (a) There is established a Hawai‘i burial sites special fund into which shall be deposited the following moneys:

(1) Appropriations by the legislature to the special fund;

(2) Gifts, donations, and grants from public agencies and private persons; and

(3) Civil, criminal, and administrative penalties, fines, and other charges collected under this chapter or any rule adopted pursuant to this chapter.

All interest earned or accrued on moneys deposited in the fund shall become part of the fund. The fund shall be administered by the department; provided that the department may contract with the Society for Hawaiian Archaeology to provide the day-to-day management of the fund.

(b) Subject to legislative authorization, the department may expend moneys from the fund:

(1) For permanent and temporary staff positions;

(2) To replenish supplies;

(3) To develop and maintain a statewide survey pursuant to section 6E-A;

(4) To provide financial assistance in accordance with chapter 42F to public agencies and private agencies involved in burial site preservation activities other than those covered by section 6E-9; and

(5) To cover the administrative and operational costs of burial site preservation activities.

SECTION 2. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "burial good" to read as follows:

""Burial good" means any item reasonably believed to have been intentionally placed in close proximity to or with the human skeletal remains of an individual or individuals at the time of burial."

SECTION 3. Section 6E-7, Hawaii Revised Statutes, is amended to read as follows:

"§6E-7 State title to historic property. (a) All historic property located on lands or under waters owned or controlled by the State shall be the property of the State. The control and management of the historic property shall be vested in the department.

(b) The department shall enter into an agreement or agreements with any agency or officer of the State managing public lands, including public land set asides, to identify and evaluate historic property, including burial sites, on such lands and to manage historic property on such lands. The department shall develop such agreements through rules adopted pursuant to chapter 91.

[~~(b)~~] (c) The department may dispose of the historic property subject to chapter 171 and subject further to those reservations, restrictions, covenants, or conditions which relate to the preservation of the historic property, such as rights of access, public visitation, operation, maintenance, restoration, and repair. The department shall determine the conditions for any research affecting the historic property and may issue permits for the research.

[~~(c)~~] (d) The State shall hold known burial sites located on lands or under waters owned or controlled by the State in trust for preservation or proper disposition by the lineal or cultural descendants.

[~~(d)~~] (e) The State shall not transfer any historic property or aviation artifact under its jurisdiction without the concurrence of the department, and shall not transfer any burial site under its jurisdiction without consulting the appropriate island burial council."

SECTION 4. Section 6E-72, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6E-72[]] Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty. (a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of a burial site if the person knowingly:

(1) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof, located on private land or land owned or controlled by the State or any of its political subdivisions, except as permitted by the department; or

(2) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof during the course of land development or land alteration activities to which section 6E-42 applies, without obtaining the required approval.

(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is a misdemeanor for which a fine not to exceed $25,000 may be imposed, in addition to any other penalty authorized by chapter 706 for a misdemeanor.

(d) All moneys collected under this section shall be deposited into the Hawai‘i burial sites special fund."

SECTION 5. Section 708-800, Hawaii Revised Statutes, is amended by amending the definition of "property" to read as follows:

""Property" means any money, personal property, real property, thing in action, evidence of debt or contract, human skeletal remains or burial goods as defined in chapter 6E, or article of value of any kind. Commodities of a public utility nature such as gas, electricity, steam, and water constitute property, but the supplying of [~~such a~~] the commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property."

SECTION 6. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2894
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII