HB194 HD1.DOC

SECTION 1. The legislature finds that the state historic preservation officer's duties, pursuant to the National Historic Preservation Act, as amended, 16 United States Code section 470, et seq., include reviewing nominations for the National Register of Historic Places and maintaining data on historic places in Hawaii that have not yet been nominated for the National Register of Historic Places. Pursuant to the National Historic Preservation Act, the state historic preservation officer also serves as the State's consultant to federal agencies regarding their historic preservation responsibilities in Hawaii including determining the impact of federal agency undertakings on properties that are listed on or eligible for listing on the National Register of Historic Places. Federal agencies also consult with the appropriate state historic preservation officer during their identification of historic properties and their assessment of the effect of an undertaking on a historic property.

Due to the important role that the state historic preservation officer serves with regard to federal and state historic preservation matters, the legislature in 1976 required the Hawaii state historic preservation officer to be appointed on the basis of professional competence and experience in the field of historic preservation. The legislature finds that these broadly worded qualifications should be clarified and that this appointment should be based on nationally accepted and applied professional standards that will bring greater accountability and consistency to the appointment of the Hawaii state historic preservation officer.

The purpose of this Act is to strengthen the state historic preservation division by requiring that the state historic preservation officer meet the required professional qualification standards established by the United States Secretary of the Interior and by converting certain positions within the division to civil service status.

SECTION 2. Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:

"§6E-3 Historic preservation program. There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following:

(1) Development of an on-going program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, signage, and publications on the State's historical and cultural resources;

(2) Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property;

(3) Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties;

(4) Preparation of information for the Hawaii register of historic places and listing on the national register of historic places;

(5) Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations;

(6) Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter;

(7) Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities;

(8) Coordination of activities of the counties in accordance with the state plan for historic preservation;

(9) Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places;

(10) Coordination of the evaluation and management of burial sites as provided in section 6E-43;

(11) Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust;

(12) Submittal of an annual report to the governor and legislature detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund;

(13) Regulation of archaeological activities throughout the State;

(14) Employment of sufficient professional and technical staff for the purposes of this chapter, which [~~may~~] shall be in accordance with chapter 76;

(15) The charging of fees to be determined by the department that are proportional to the nature and complexity of the projects or services provided, and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this chapter, do not surpass the annual operating costs of the comprehensive historic preservation program;

(16) Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of this chapter; and

(17) Development and adoption, in consultation with the office of Hawaiian affairs native Hawaiian historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments."

SECTION 3. Section 6E-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6E-5[]] State historic preservation officer. (a) The governor shall appoint a state historic preservation officer, which shall not be subject to the advice and consent of the senate, and may appoint the officer without regard to chapter 76, who shall be responsible for the comprehensive historic preservation program and who shall be the state liaison officer for the conduct of relations with the federal government and the respective states with regard to matters of historic preservation.

(b) The state historic preservation officer shall [~~be appointed on the basis of professional competence and experience in the field of historic preservation and~~]:

(1) Be a qualified historic preservation professional in architecture, architectural history, archaeology, history, Hawaiian studies, or a closely related field, who meets the professional qualification standards established by the United States Secretary of the Interior; and

(2) Have professional experience with respect to historic preservation in Hawaii.

(c) The state historic preservation officer shall be the administrator of the state historic preservation division and shall be placed in the department for the purposes of the state program. The state historic preservation officer shall ensure that the division fulfills all the responsibilities of a state historic preservation office as established under federal law and regulations.

(d) Upon the appointment of a state historic preservation officer, the governor shall immediately notify the president of the senate and the speaker of the house of representatives of the appointment and the appointee's identity and qualifications to serve in that position."

SECTION 4. The employee occupying the division administrator position of the department of land and natural resources state historic preservation division on the effective date of this Act shall not be transferred, demoted, or otherwise dislocated from that position solely as a consequence of this Act.

SECTION 5. Each position exempt from chapter 76, Hawaii Revised Statutes, assigned to the department of land and natural resources state historic preservation division, except for the division administrator position, shall be converted to civil service status pursuant to chapter 76, Hawaii Revised Statutes. Any incumbent employee of the state historic preservation division whose position prior to this Act was exempt from civil service shall remain in their position and be appointed to the converted civil service position without the loss of any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employee possesses the minimum qualifications and public employment requirements for the class or position to which appointed; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	194
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
STATE OF HAWAII