Bill Text: HI SB2441 | 2024 | Regular Session | Introduced
Bill Title: Relating To Burial Sites.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-01-22 - Referred to WTL/HWN, JDC. [SB2441 Detail]
Download: Hawaii-2024-SB2441-Introduced.html
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THE SENATE |
S.B. NO. |
2441 |
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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:
SECTION 1. The legislature finds that "lineal descendant," as defined in section 13-300-2, Hawaii Administrative Rules, is excessively strict as it requires applicants to know the name of the individual whose remains were encountered, which is a difficult prospect. The legislature further finds that there have been instances where an applicant seeking lineal descent was denied, despite having established their connection to the burial site through oral or written records, an ʻohana's historical residence on the parcel of land, and their genealogical descent from that ʻohana. The legislature also finds that knowledge of the name of the individual whose remains were encountered is discriminatory as Hawaiian cultural practices, even a few generations ago, did not adhere to the western practice of headstones. Furthermore, land ownership transfers, in some cases, have made it impossible for ʻohana to maintain burial sites.
Therefore, the purpose of this Act is to direct the department of land and natural resources to amend the definition of "lineal descendant" in section 13-300-2, Hawaii Administrative Rules, to allow applicants to claim lineal descent status through an indirect, though still genealogical connection, to Native Hawaiian remains found in burial sites.
SECTION 2. The department of land and natural resources shall amend the definition of "lineal descendent" in section 13‑300-2, Hawaii Administrative Rules, to mean: "with respect to Native Hawaiian skeletal remains, a claimant who has established to the satisfaction of the council, direct or collateral genealogical connections to certain Native Hawaiian skeletal remains, or to family members who were granted use or ownership rights of the parcel in which the burial was encountered, or with respect to non-Native Hawaiian skeletal remains, a claimant who has established to the satisfaction of the department, direct or collateral genealogical connections to certain non-Native Hawaiian skeletal remains. Highest consideration should be given to the wishes of lineal descendants, above that of cultural descendants."
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DLNR; State Historic Preservation Division; Hawaii Administrative Rules; Burial Sites; Native Hawaiians
Description:
Requires the Department of Land and Natural Resources to amend the definition of "lineal descent", in HAR, to allow applicants to better claim lineal descent status to remains found at burial sites.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
