Bill Text: HI SB2438 | 2024 | Regular Session | Introduced
Bill Title: Relating To Burial Sites.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-24 - Re-Referred to WTL/HWN, JDC/WAM. [SB2438 Detail]
Download: Hawaii-2024-SB2438-Introduced.html
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THE SENATE |
S.B. NO. |
2438 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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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:
Therefore, the purpose of this Act is to clarify statutory language to provide equal protection for Hawaiian burial sites and non-Hawaiian burial sites.
SECTION 2. Section 6E-10.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If the board determines that any person is
continuing to violate this chapter or any rule adopted pursuant to this chapter
after having been served notice of violation, the board shall serve written
notice by certified mail or personal service upon the alleged violator or
violators specifying the alleged violation.
With the notice, the board:
(1) Shall order the alleged violator or violators
to submit a written schedule within thirty days specifying the measures to be
taken and the time within which the measures shall be taken to bring that
person into compliance with this chapter or any rule adopted thereunder. The board shall accept or modify the
submitted schedule within sixty days of receipt of the schedule. Any schedule not acted upon after sixty days
of receipt by the board shall be deemed accepted by the board;
(2) Shall order the alleged violator or violators
to cease and desist from the activities that violate this chapter or any rule
adopted thereunder, if that person does not submit a written schedule to the
board within thirty days. This order
shall remain in effect until the board accepts the written schedule;
(3) [May] Shall impose penalties as
provided in section 6E-11.6; and
(4) [May] Shall order the alleged
violator or violators to appear before the board for a hearing to answer the
charges issued, at a time and place specified in the notice or otherwise set by
the board."
SECTION 3. Section 6E-11.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
In addition to any other administrative or judicial remedy provided by
this chapter, or by rules adopted pursuant to this chapter, the board [may]
shall impose by order the penalties specified in section 6E-11.5."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Department of Land and Natural Resources; State Historic Preservation Division; Burial Sites
Description:
Requires, rather than allows, any person who violates chapter 6E, Hawaii Revised Statutes, to appear before the Board of Land and Natural Resources. Requires, rather than allows, the Board of Land and Natural Resources to impose fines.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
