Bill Text: HI HB2167 | 2010 | Regular Session | Introduced

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Bill Title: Archaeologists; Licensing

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-22 - (H) Referred to WLO, CPC, FIN, referral sheet 3 [HB2167 Detail]

Download: Hawaii-2010-HB2167-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2167
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to archaeologists.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ARCHAEOLOGISTS

     §   -1  Definitions.  As used in this chapter:

     "Archaeologist" is a person who studies material remains of past human life and activities.

     "Director" means the director of commerce and consumer affairs.

     §   -2  Board of archaeologists.  There shall be a board of archaeologists consisting of the following ten members:

     (1)  The state historic preservation officer or designee;

     (2)  A representative appointed by the historic Hawaii foundation;

     (3)  Five licensed archaeologists who have been actively engaged in the field of archaeology for at least three years preceding the date of their appointment; and

     (4)  Three members from the public.

     §   -3  Powers and duties of board.  In addition to any other powers and duties authorized by law, the board shall:

     (1)  Develop licensing standards and requirements for the purpose of licensing archaeologists in the State;

     (2)  Set licensing fees through rules pursuant to chapter 91;

     (3)  Grant, renew, suspend, and revoke licenses;

     (4)  Adopt, amend, or repeal rules pursuant to chapter 91 to implement the purposes of this chapter;

     (5)  Suspend or revoke any license for any cause, or for any violation of the rules, and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;

     (6)  Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91;

     (7)  Establish penalties for violations of this chapter;

     (8)  Subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications; and

     (9)  Do all things necessary to carry out this chapter.

     §   -4  Application; fees.  (a)  Every applicant for a license under this chapter shall complete and file an application provided by the board and shall furnish any additional information bearing upon the issuance of the license as the board shall require.  In the case of a partnership, joint venture, or corporation, any partner, member, or officer thereof may sign the application on behalf of the applicant.

     (b)  Every applicant shall pay a fee as provided in rules adopted by the board pursuant to chapter 91.

     §   -5  Fees; biennial renewals; inactive license.  (a)  The biennial renewal fee or inactive license fee shall be paid to the board on or before September 30 of each even-numbered year.  These fees shall be as provided in rules adopted by the board pursuant to chapter 91.  Failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before September 30 of each even-numbered year shall constitute a forfeiture of the licensee's license.

     (b)  Any forfeited license may be restored upon submittal of all required documents and fees, plus a penalty fee, within sixty days from September 30 of the even-numbered year.

     (c)  Upon written request of a licensee, the board may place that person's active license in an inactive status.  The licensee, upon payment of the inactive license fee, may continue inactive for the biennial period.  Failure, neglect, or refusal of any licensee in inactive status to pay the inactive license fee shall constitute a forfeiture of the license.  The license may be reactivated at any time during the biennial period by making written request to the board and by fulfilling all the requirements, including the payment of the appropriate fees.  While in an inactive status, a licensee shall not engage in archaeological work; a licensee who violates this prohibition shall be subject to discipline under this chapter and the board's rules.

     (d)  For purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements.

     §   -6  Archaeological activity; license required.  (a) Unless a person applies and is issued a license from the board under this chapter, no person shall do any of the following:

     (1)  Carry out archaeological fieldwork;

     (2)  Alter or remove any artifact or other physical evidence of past human use or activity from a site; and

     (3)  With respect to a marine site in state waters:

         (A)  Dive within five-hundred feet of the site or within such other distance of the site; and

         (B)  Operate any type of submersible vehicle, including remotely operated vehicles, autonomous underwater vehicles, submarines or towed survey equipment such as side scan sonars or underwater cameras within five-hundred feet of the site or within such other distance of the site.

     (b)  No license is required under this section if:

     (1)  The activity undertaken can be classified as normal agricultural work or the routine maintenance of property; or

     (2)  The activity undertaken is allowed by administrative rule.

     §   -7  Issuance of license.  The board may issue a license to an applicant if the applicant proves, to the satisfaction of the board, that:

     (1)  The applicant is competent to conduct archaeological fieldwork in a responsible manner; and

     (2)  The applicant is in compliance with eligibility criteria and other requirements for the issuance of the license as determined by the board."

     §   -8  License revocation or suspension; grounds.  The board may revoke or suspend a license for any of the following:

     (1)  Failure to meet or maintain conditions and requirements necessary to qualify for a license;

     (2)  Engaging in the willful destruction or desecration of historic property; or

     (3)  Any other condition or requirement as determined by the board through rules adopted under chapter 91.

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Archaeologists; Licensing

 

Description:

Requires licensing for archaeologists in the State.  Creates the board of archaeologists.

 

 

 

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