Bill Text: HI HB475 | 2010 | Regular Session | Introduced
Bill Title: Historic Preservation
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB475 Detail]
Download: Hawaii-2010-HB475-Introduced.html
Report Title:
Historic Preservation
Description:
Clarifies Act 228, Session Laws of Hawaii 2008, to focus scope on properties that are eligible to be listed or is listed on the Hawaii or national register of historic places.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
475 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition or improvement of any nature, by, for, or permitted by a private landowner may be commenced which will affect an historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department opportunity for review of the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced, or in the event it has already begun, continue, until the department shall have given its concurrence or ninety days have elapsed. Within ninety days after notification, the department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
[(b) In the case of any building over fifty
years old, no demolition, construction, or other alteration of the building
shall occur until after the owner has transmitted to the department, at the
owner's expense, archival quality black and white photographs of the building.
(c)] (b) Nothing in this section
shall be construed to prevent the ordinary maintenance or repair of any feature
in or on an historic property that does not involve a change in design,
material, or outer appearance or change in those characteristics which
qualified the historic property for entry onto the Hawaii register of historic
places.
[(d)] (c) Any person, natural or
corporate, who violates the provisions of this section shall be fined not more
than $1,000, and each day of continued violation shall constitute a distinct
and separate offense under this section for which the offender may be punished.
[(e)] (d) If funds for the
acquisition of needed property are not available, the governor may, upon the
recommendation of the department allocate from the contingency fund an amount
sufficient to acquire an option on the property or for the immediate
acquisition, preservation, restoration, or operation of the property.
[(f)] (e) The department may
enter, solely in performance of its official duties and only at reasonable
times, upon private lands for examination or survey thereof. Whenever any
member of the department duly authorized to conduct investigations and surveys
of an historic or cultural nature determines that entry onto private lands for
examination or survey of historic or cultural finding is required, the
department shall give written notice of the finding to the owner or occupant of
such property at least five days prior to entry. If entry is refused, the
member may make a complaint to the district court in the circuit in which such
land is located. The district court may thereupon issue a warrant, directed to
any police officer of the circuit, commanding the officer to take sufficient
aid, and, being accompanied by a member of the department, between the hours of
sunrise and sunset, allow the member of the department to examine or survey the
historic or cultural property."
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.
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INTRODUCED BY: |
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