REPORT TITLE:
Historic Preservation


DESCRIPTION:
Defines burial specialist and heiau.  Establishes a burial site
program within DLNR to assist island burial councils with their
mandated responsibilities.  Clarifies and strengthens various
laws relating to the preservation of native Hawaiian burial sites
and artifacts.  (SB568 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        568
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HISTORIC PRESERVATION.



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

 1      SECTION 1.  Section 6E-2, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Burial specialist" means a person within the department or
 
 5 member of an island burial council who possesses experience over
 
 6 a period of at least three years with human skeletal remains as a
 
 7 result of inadvertent discovery, repatriation, or reinterment.
 
 8      "Heiau" means any site currently identified on the state
 
 9 inventory of historic places as a heiau or any site identified as
 
10 a heiau as a result of county, state or federal historic
 
11 preservation review processes."
 
12      SECTION 2.  Section 6E-11, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "6E-11  Penalties.(a)  It shall be unlawful for any
 
15 person, natural or corporate, to take, appropriate, excavate,
 
16 injure, destroy, or alter any historic property or aviation
 
17 artifact located upon the private lands of any owner thereof
 
18 without the owner's written permission being first obtained.  It
 
19 shall be unlawful for any person, natural or corporate, to take,
 

 
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 1 appropriate, excavate, injure, destroy, or alter any historic
 
 2 property or aviation artifact located upon lands owned or
 
 3 controlled by the State or any of its political subdivisions,
 
 4 except as permitted by the department.
 
 5      (b)  It shall be unlawful for any person, natural or
 
 6 corporate, to knowingly take, appropriate, excavate, injure,
 
 7 destroy, or alter any burial site or the contents thereof,
 
 8 located on private lands or lands owned or controlled by the
 
 9 State or any of its political subdivisions, except as permitted
 
10 by the department.  Violators of this subsection are also subject
 
11 to prosecution pursuant to section 711-1107, the penalties for
 
12 which shall be imposed in addition to, and not in lieu of, any
 
13 penalties imposed under this section.
 
14      (c)  It shall be unlawful for any person, natural or
 
15 corporate, to knowingly take, appropriate, excavate, injure,
 
16 destroy, or alter any heiau or the contents thereof, located on
 
17 private lands or lands owned or controlled by the State or any of
 
18 its political subdivisions, except as permitted by the
 
19 department.  Violators of this subsection shall be subject to
 
20 prosecution pursuant to section 711-1107, the penalties of which
 
21 shall be imposed in addition to, and not in lieu of, any
 
22 penalties imposed under this section.
 

 
 
 
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 1      [(c)] (d)  Any person who violates this section shall be
 
 2 fined not more than $10,000 for each separate offense.  If the
 
 3 violator directly or indirectly has caused the loss of, or damage
 
 4 to, historic property, heiau, or burial site, the violator shall
 
 5 be fined an additional amount determined by the court to be
 
 6 equivalent to the value of the lost or damaged historic property,
 
 7 heiau, or burial site.  Each day of continued violation of this
 
 8 provision shall constitute a distinct and separate offense for
 
 9 which the offender may be punished.  Equipment used by a violator
 
10 for the taking, appropriation, excavation, injury, destruction,
 
11 or alteration of historic property, heiau, or a burial site, or
 
12 for the transportation of the violator to or from the historic
 
13 property or a burial site, shall be subject to seizure and
 
14 disposition by the State without compensation to its owner or
 
15 owners.  Violators of this section also shall be subject to
 
16 forfeiture of the historic property, heiau, or burial site to the
 
17 State without compensation.
 
18      [(d)] (e)  Any person, natural or corporate, who knowingly
 
19 violates this section with respect to burial sites or heiau shall
 
20 also be prohibited from participating in the construction of any
 
21 state or county funded project for ten years."
 
22      SECTION 3.  Section 6E-43.5, Hawaii Revised Statutes, is
 
23 amended by amending subsection (c) to read as follows:
 

 
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 1      "(c)  The department, in consultation with the councils,
 
 2 office of Hawaiian affairs, representatives of development and
 
 3 large property owner interests, and appropriate Hawaiian
 
 4 organizations, such as Hui Malama I Na Kupuna O Hawai`i Nei,
 
 5 shall adopt rules pursuant to chapter 91 necessary to carry out
 
 6 the purposes of this section.  The council members shall serve
 
 7 without compensation, but shall be reimbursed for necessary
 
 8 expenses incurred during the performance of their duties.  The
 
 9 councils shall be a part of the department for administrative
 
10 purposes.  The department shall establish, maintain, and support
 
11 a burial sites program to provide administrative support to the
 
12 councils, and to implement applicable duties and responsibilities
 
13 relating to burial sites and human skeletal remains as stated
 
14 throughout this chapter."
 
15      SECTION 4.  Section 6E-43.6, Hawaii Revised Statutes, is
 
16 amended by amending subsections (b) and (c) to read as follows:
 
17      "(b)  The discovery shall be reported as soon as possible to
 
18 the department, the appropriate medical examiner or coroner, and
 
19 the appropriate police department.  As soon as practicable, the
 
20 department shall notify the appropriate council and the office of
 
21 Hawaiian affairs[.], where the context suggests the remains are
 
22 Hawaiian.
 

 
 
 
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 1      (c)  After notification of the discovery of multiple
 
 2 skeletons, the following shall be done within two working days,
 
 3 if on Oahu, and three working days, if in other council
 
 4 jurisdictions:
 
 5      (1)  A representative of the medical examiner or coroner's
 
 6           office and a qualified archaeologist or burial
 
 7           specialist shall [examine] inspect the remains to
 
 8           determine jurisdiction.  If the remains are the
 
 9           responsibility of the [medical examiner or coroner,]
 
10           police department, the department's involvement shall
 
11           end.  If the remains are historic or prehistoric
 
12           burials, then the remainder of this section shall
 
13           apply;
 
14      (2)  The department shall gather sufficient information,
 
15           including oral tradition, to document the nature of the
 
16           burial context and determine appropriate treatment of
 
17           the remains.  Members of the appropriate council shall
 
18           be allowed to oversee the on-site [examination]
 
19           inspection and, if warranted, removal; and
 
20      (3)  If removal of the remains is warranted, based on
 
21           criteria developed by the department, in consultation
 
22           with the councils, office of Hawaiian affairs,
 
23           representatives of development and large property owner
 

 
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 1           interests, and appropriate Hawaiian organizations, such
 
 2           as Hui Malama I Na Kupuna O Hawai`i Nei, through rules
 
 3           adopted pursuant to chapter 91, the removal of the
 
 4           remains shall be overseen by a qualified archaeologist
 
 5           or burial specialist and a mitigation plan shall be
 
 6           prepared by the department or with the concurrence of
 
 7           the department."
 
 8      SECTION 5.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 6.  This Act shall take effect upon its approval.