Bill Text: HI SCR68 | 2010 | Regular Session | Introduced

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Bill Title: Requesting The Auditor To Perform A Sunrise Analysis Of The Regulation Of The Profession Of Archaeology

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-29 - (S) Referred to WTL/CPN, WAM. [SCR68 Detail]

Download: Hawaii-2010-SCR68-Introduced.html

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THE SENATE	S.C.R. NO.	68
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE AUDITOR TO PERFORM A SUNRISE ANALYSIS OF THE REGULATION OF THE PROFESSION OF ARCHAEOLOGY.

 

 

     WHEREAS, the State of Hawaii is a repository of countless cultural sites containing invaluable cultural material and resources; and

 

WHEREAS, the loss or destruction of these invaluable cultural and historical sites is irreparable; and

 

WHEREAS, the entire populace of the State of Hawaii benefits from the proper identification, interpretation, appropriate mitigation, preservation, and protection of exceptionally unique cultural sites; and

 

WHEREAS, the historic review process set forth under chapter 6E, Hawaii Revised Statutes, oversees the care, management, and protection of historic properties; and

 

WHEREAS, the profession of archaeology currently plays a pivotal role in the identification, protection, and mitigation of these important cultural sites; and

 

WHEREAS, the practices, understanding, and methods of modern archaeology can contain vastly different understandings and interpretations of both the professional expertise and opinion and the underlying cultural basis for these opinions; and

 

WHEREAS, these differences can lead to vastly different interpretations of an archaeological site; and

 

WHEREAS, the Department of Land and Natural Resources, State Historic Preservation Division provides permits to archaeologists qualified under section 13-281-3, Hawaii Administrative Rules, but does not regulate the practice of archaeology; and

 

WHEREAS, the consumer of archaeological services is at a serious disadvantage without proper oversight and regulation of the profession; and

 

WHEREAS, the lack of proper regulation leaves the public at a serious disadvantage in protecting and preserving irreplaceable cultural resources that make Hawaii unique to the world; and

 

WHEREAS, members of the public have no avenue for recourse or investigation in the event lack of professional standards or oversight of the profession results in the destruction of cultural resources; and

 

WHEREAS, the profession of archaeology is not subject to licensure; and

 

WHEREAS, the Department of Commerce and Consumer Affairs oversees the regulation of licensed professional service providers; and

 

WHEREAS, the establishment of a license for professional archaeologists under the Department of Commerce and Consumer Affairs will provide necessary and proper oversight; and

 

WHEREAS, under section 26H-6, Hawaii Revised Statutes, a sunrise analysis by the Auditor must occur prior to the new regulation of an industry; now, therefore,

 

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Auditor is requested to perform an analysis of the proposed regulation of the profession of archaeology, as proposed in Senate Bill No. _____ of the Twenty-fifth Legislature 2010; and

 

BE IT FURTHER RESOLVED that the Auditor consult with the State Historic Preservation Division of the Department of Land and Natural Resources, the Society For Hawaiian Archaeology, the University of Hawaii at Manoa School of Anthropology, representatives of the Island Burial Councils, the Office of Hawaiian Affairs, and Hui Malama I Na Kupuna O Hawaii Nei in developing a sunrise analysis; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to set forth the probable effects of the proposed regulation and to assess whether the proposed regulation is consistent with the policies set forth in section 26H-2, Hawaii Revised Statutes, and whether there are alternative forms of regulation; and

 

BE IT FURTHER RESOLVED that the Office of the Auditor is requested to transmit the findings of the sunrise analysis to the Legislature no later than twenty days prior to the beginning of the 2011 Legislative Session; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Commerce and Consumer Affairs, the Chairperson of the Board of Land and Natural Resources, the Chairperson of the Office of Hawaiian Affairs, the State Auditor, the Dean of the University of Hawaii at Manoa School of Anthropology, Hui Malama I Na Kupuna O Hawaii Nei, the Island Burial Councils, and the Society for Hawaiian Archaeology.

 

 

 

	OFFERED BY:	_____________________________
		BY REQUEST

Report Title: 

Requesting The Auditor To Perform A Sunrise Analysis Of The Regulation Of The Profession Of Archaeology