SB1083 SD1.DOC

SECTION 1. Section 6E-43, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) All burial sites are significant and shall be preserved in place until compliance with this section is met, except as provided in section 6E-43.6. The appropriate island burial council shall determine whether preservation in place or relocation of previously identified native Hawaiian burial sites is warranted, following criteria which shall include recognition that burial sites of high preservation value, such as areas with a concentration of skeletal remains, or prehistoric or historic burials associated with important individuals and events, or areas that are within a context of historic properties, or have known lineal descendants, shall receive greater consideration for preservation in place. The criteria shall be developed by the department in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei, Alu Like, Inc., the Association of Hawaiian Civic Clubs, the Council for Native Hawaiian Advancement, the Kanaka Council, and representatives of the Hawaiian benevolent societies and the Hawaiian royal orders, through rules adopted pursuant to chapter 91. A council's determination shall be rendered within forty-five days of referral by the department unless otherwise extended by agreement between the landowner and the department."

SECTION 2. Section 6E-43.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Appointment of members to the councils shall be made by the governor, in accordance with section 26-34, from a list provided by the department, provided that a minimum of twenty per cent of the regional representatives shall be appointed from a list of at least nine candidates provided by the office of Hawaiian affairs. The department shall develop the list in consultation with appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei[.], Alu Like, Inc., the Association of Hawaiian Civic Clubs, the Council for Native Hawaiian Advancement, the Kanaka Council, and representatives of the Hawaiian benevolent societies and the Hawaiian royal orders. The membership of each council shall include at least one representative from each geographic region of the island as well as representatives of development and large property owner interests. Regional representatives shall be selected from the Hawaiian community on the basis of their understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians. The councils shall have a minimum of nine and a maximum of fifteen members, and have a ratio of not more than three to one and no less than two to one in favor of regional representatives.

(c) The department, in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei, Alu Like, Inc., the Association of Hawaiian Civic Clubs, the Council for Native Hawaiian Advancement, the Kanaka Council, and representatives of the Hawaiian benevolent societies and the Hawaiian royal orders, shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. The council members shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred during the performance of their duties. The councils shall be a part of the department for administrative purposes."

SECTION 3. Section 6E-43.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) After notification of the discovery of multiple skeletons, the following shall be done within two working days, if on Oahu, and three working days, if in other council jurisdictions:

(1) A representative of the medical examiner or coroner's office and a qualified archaeologist shall examine the remains to determine jurisdiction. If the remains are the responsibility of the medical examiner or coroner, the department's involvement shall end. If the remains are historic or prehistoric burials, then the remainder of this section shall apply;

(2) The department shall gather sufficient information, including oral tradition, to document the nature of the burial context and determine appropriate treatment of the remains. Members of the appropriate council shall be allowed to oversee the on-site examination and, if warranted, removal; and

(3) If removal of the remains is warranted, based on criteria developed by the department, in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei, Alu Like, Inc., the Association of Hawaiian Civic Clubs, the Council for Native Hawaiian Advancement, the Kanaka Council, and representatives of the Hawaiian benevolent societies and the Hawaiian royal orders, through rules adopted pursuant to chapter 91, the removal of the remains shall be overseen by a qualified archaeologist and a mitigation plan shall be prepared by the department or with the concurrence of the department."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1083
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII