Bill Text: HI HB155 | 2011 | Regular Session | Amended
Bill Title: Burial Sites
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2011-02-18 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting no (0) and Carroll, Herkes, McKelvey excused (3). [HB155 Detail]
Download: Hawaii-2011-HB155-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
155 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BURIAL SITES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-43, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(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 or inadvertently discovered native Hawaiian burial
sites is warranted, following criteria [which] that 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,] through rules adopted pursuant to chapter 91. A
council's determination on previously identified native Hawaiian burial
sites shall be rendered within forty-five days of referral by the
department [unless otherwise]. A council's determination on
inadvertently discovered native Hawaiian burial sites shall be rendered within fifteen
days of referral by the department. These deadlines may be extended by
agreement between the landowner and the department.
If a council's determination of a previously identified or inadvertently discovered burial site proves to be other than a Hawaiian burial site, the department shall determine the treatment of the non-Hawaiian burial site under subsection (e)."
2. By amending subsection (d) to read:
"(d) Within ninety days following the
final determination[,] for previously identified native Hawaiian
burial sites and within thirty days following the final determination for
inadvertently discovered native Hawaiian burial sites, a preservation or
mitigation plan shall be approved by the department in consultation with any
lineal descendants, the respective council, other appropriate Hawaiian
organizations, and any affected property owner."
SECTION 2. Section 6E-43.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) to (d) to read:
"(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]. 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,] 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 incurred during the performance of their duties. The councils shall
be a part of the department for administrative purposes.
(d) The councils shall hold meetings and acquire information as they deem necessary and shall communicate their determinations, findings, and recommendations to the department. Notwithstanding section 92-3, whenever the location and description of burial sites are under consideration, the councils may hold closed meetings. Concurrence of a majority of the members present at a meeting shall be necessary to make any action of a council valid."
2. By amending subsection (f) to read:
"(f) The councils shall:
(1) Determine the preservation or relocation of previously identified and inadvertently discovered native Hawaiian burial sites;
(2) Assist the department in the inventory and identification of native Hawaiian burial sites;
(3) Make recommendations regarding appropriate management, treatment, and protection of native Hawaiian burial sites, and on any other matters relating to native Hawaiian burial sites;
(4) Review mitigation plans for the inadvertent discovery of native Hawaiian burial sites;
[(4)] (5) Elect a chairperson for a
four-year term who shall serve for not more than two consecutive terms; and
[(5)] (6) Maintain a list of appropriate
Hawaiian organizations, agencies, and offices to notify regarding the discovery
of remains."
SECTION 3. Section 6E-43.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (c) and (d) to read:
"(c) After notification of the discovery
of multiple skeletons, the following shall be done within [two] three
working days, if on Oahu, and [three] four 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] assist in the determination of
appropriate treatment of the remains[.] as set forth in section 6E-43.
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,] 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.
(d) In cases involving the discovery of a
single skeleton, the requirements of subsection (c) shall be fulfilled in [one]
two working [day] days if on Oahu, and [two] three
working days, if in other council jurisdictions."
2. By amending subsection (f) to read:
"(f) In cases where remains are
archaeologically removed, the department shall determine the place of
relocation, after consultation with the appropriate council, affected property
owners, representatives of the relevant ethnic group, and any identified lineal
descendants[, as appropriate]. Relocation shall conform with
requirements imposed by the department of health, and may be accompanied by
traditional ceremonies, as determined by the lineal descendants, or, if no
lineal descendants are identified, the appropriate council or representatives
of the relevant ethnic group that the department deems appropriate. Specific
or special reinterment requests from lineal or cultural descendants may be
accommodated provided that the additional expenses incurred are paid by the
affected descendants."
SECTION 4. Notwithstanding any other law to the contrary, the provisions of this Act shall not apply to any public-works projects undertaken by state or county agencies.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Burial Sites
Description:
Clarifies provisions relating to inadvertently discovered native Hawaiian burial sites by amending sections 6E-43, 6E-43.5, 6E‑43.6, Hawaii Revised Statutes. Provides for the treatment of inadvertently discovered native Hawaiian burial sites. (HB155 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
