Report Title:

Burial Councils

Description:

Changes the time frame for Island Burial Councils to make determinations to relocate or preserve native Hawaiian burial sites from forty-five days to thirty days.

THE SENATE

S.B. NO.

2813

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TIME FRAMES FOR BURIAL COUNCIL DETERMINATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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 Kapuna O Hawai'i Nei, through rules adopted pursuant to chapter 91. A council's determination shall be rendered within [forty-five] thirty days of referral by the department unless otherwise extended by agreement between the landowner and the department. Should a determination not be made within the thirty-day or agreed upon extension period, the landowner's request for preservation in place or relocation shall be deemed approved."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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