Bill Text: HI HB320 | 2022 | Regular Session | Amended
Bill Title: Relating To Historic Preservation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB320 Detail]
Download: Hawaii-2022-HB320-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
320 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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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:
SECTION 1. Section 6E-11, Hawaii Revised Statutes, is amended to read as follows:
"§6E-11 Civil and administrative violations.
(a)
It shall be a civil and administrative violation for any person to [take,]:
(1) Take, appropriate,
excavate, injure, destroy, or alter any historic property or aviation artifact
located upon the private lands of any owner thereof without the owner's written
permission being first obtained[. It
shall be a civil and administrative violation for any person to take,]; or
(2) Take, appropriate,
excavate, injure, destroy, or alter any historic property or aviation artifact
located upon lands owned or controlled by the State or any of its political
subdivisions, except as permitted by the department[, or to knowingly
violate the conditions set forth in an approved mitigation plan that includes
monitoring and preservation plans].
(b)
It shall be a civil and administrative violation for any person to [knowingly]:
(1) Knowingly
take, appropriate, excavate, injure, destroy, or alter any burial site, or the
contents thereof, located on private lands or lands owned or controlled by the
State or any of its political subdivisions, except as permitted by the
department[, to knowingly]; or
(2) Knowingly fail
to re-inter human remains discovered on the lands in a reasonable period of time
as determined by the department[, or to knowingly violate the conditions set
forth in an approved mitigation plan that includes monitoring and preservation
plans].
(c)
It shall be a civil and administrative violation for any person to take,
appropriate, excavate, injure, destroy, or alter any historic property or
burial site, or to use explosives, during the course of land development
or land alteration activities to which [section 6E-42 applies,] section 6E-8
or 6E-42 apply, without obtaining the required approval[.] from the
department.
(d) It shall be a civil and administrative violation
for any person to:
(1) Conduct archaeological
work that is not consistent with the activities authorized by the permit or any
permit stipulations;
(2) Conduct archaeological
work without an archaeological permit;
(3) Conduct archaeological
monitoring prior to approval by the department of an archaeological monitoring plan;
(4) Violate or fail
to carry out any of the terms or conditions of an archaeological monitoring plan
or a preservation plan approved by the department;
(5) Carry out data recovery
activities without a data recovery plan approved by the department; or
(6) Violate or fail
to carry out any agreed upon mitigation condition or commitment.
[(d)] (e) It shall be a civil and administrative violation
for any person who inadvertently discovers a burial site to fail to stop work
in the immediate area and report the discovery, as required by section 6E-43.6.
[(e)] (f) It shall be a civil and administrative
violation for any person to knowingly glue together any human skeletal remains,
label any human skeletal remains with any type of marking pen, or conduct any
tests that destroy human skeletal remains, as defined in section 6E-2, except
as permitted by the department.
[(f)] (g) Any person who violates this section shall be
fined not more than $10,000 for each separate violation. If the violator directly or indirectly has caused
the loss of, or damage to, any historic property or burial site, the violator
shall be fined an additional amount determined by the environmental court or an
administrative adjudicative authority to be equivalent to the value of the lost
or damaged historic property or burial site.
Each day of continued violation of this provision shall constitute a
distinct and separate violation for which the violator may be punished. Equipment used by a violator for the taking,
appropriation, excavation, injury, destruction, or alteration of any historic
property or burial site, or for the transportation of the violator to or from the
historic property or burial site, shall be subject to seizure and disposition
by the State without compensation to its owner or owners.
[(g)] (h) Any person who knowingly violates this chapter
with respect to burial sites shall also be prohibited from participating in the
construction of any state or county funded project for ten years.
[(h)] (i) Nothing in this section shall apply to land
altering activities relating to family burial plots under section 441-5.5.
[(i)] (j) The civil and administrative penalties imposed
pursuant to this chapter shall be in addition to the criminal penalties
provided by this chapter and any other penalties that may be imposed pursuant
to law."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Historic Preservation; Civil and Administrative Violation; Archaeological Activities
Description:
Makes it a civil and administrative violation for any person to engage in certain archaeological activities without obtaining the required permission or approval from the department of land and natural resources. Effective 1/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
