Bill Text: HI HB516 | 2016 | Regular Session | Introduced

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Bill Title: Historic Preservation; Fee Schedule

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB516 Detail]

Download: Hawaii-2016-HB516-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	516
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to a fee schedule for the historic preservation program.

 

 

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

 

     SECTION 1.  Section 6E-3, Hawaii Revised Statutes, is amended to read as follows:

     "§6E-3  Historic preservation program.  There is established within the department a division to administer a comprehensive historic preservation program, which shall include but not be limited to the following:

     (1)  Development of an ongoing program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, signage, and publications on the State's historical and cultural resources;

     (2)  Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property;

     (3)  Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties;

     (4)  Preparation of information for the Hawaii register of historic places and listing on the national register of historic places;

     (5)  Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations;

     (6)  Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter;

     (7)  Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities;

     (8)  Coordination of activities of the counties in accordance with the state plan for historic preservation;

     (9)  Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places;

    (10)  Coordination of the evaluation and management of burial sites as provided in section 6E-43;

    (11)  Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust;

    (12)  Submittal of an annual report to the governor and legislature detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund;

    (13)  Regulation of archaeological activities throughout the State;

    (14)  Employment of sufficient professional and technical staff for the purposes of this chapter which shall be in accordance with chapter 76;

    (15)  The charging of fees to be determined by the department that are proportional to the nature and complexity of the projects or services provided, and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this chapter, do not surpass the annual operating costs of the comprehensive historic preservation program; provided that:

         (A)  Fees shall be charged in accordance with a schedule adopted by the board of land and natural resources;

         (B)  Any fee schedule proposed for adoption shall be posted on the department's website at least forty-five days prior to the meeting of the board of land and natural resources at which the adoption will be considered;

         (C)  The board of land and natural resources shall consider and adopt a fee schedule at a regular meeting after taking public testimony; and

         (D)  Setting of the fees shall not be subject to chapter 91;

    (16)  Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of this chapter; and

    (17)  Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments."

     SECTION 2.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Historic Preservation; Fee Schedule

 

Description:

Authorizes the BLNR to adopt a fee schedule for the historic preservation program at a public meeting.  Exempts the adoption of the fee schedule from the Administrative Procedure Act.

 

 

 

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