Bill Text: HI SB2249 | 2020 | Regular Session | Amended
Bill Title: Relating To Historic Preservation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-05-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Thielen excused (1). [SB2249 Detail]
Download: Hawaii-2020-SB2249-Amended.html
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THE SENATE |
S.B. NO. |
2249 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-11, Hawaii Revised Statutes, is amended to read as follows:
"§6E-11 Civil and administrative violations.
(a)
It shall be a civil and administrative violation for any person to [take,]:
(1) Take,
appropriate, excavate, injure, destroy, or alter any historic property or aviation
artifact located upon the private lands of any owner thereof without the
owner's written permission being first obtained[. It shall be a civil and administrative
violation for any person to take,]; or
(2) Take,
appropriate, excavate, injure, destroy, or alter any historic property or
aviation artifact located upon lands owned or controlled by the State or any of
its political subdivisions, except as permitted by the department[, or to
knowingly violate the conditions set forth in an approved mitigation plan that
includes monitoring and preservation plans].
(b)
It shall be a civil and administrative violation for any person to [knowingly]:
(1) Knowingly and
intentionally take, appropriate, excavate, injure, destroy, or alter any
burial site, or the contents thereof, located on private lands or lands owned
or controlled by the State or any of its political subdivisions, except as
permitted by the department[, to knowingly]; or
(2) Knowingly and
intentionally fail to re-inter human remains discovered on the lands in a
reasonable period of time as determined by the department[, or to knowingly
violate the conditions set forth in an approved mitigation plan that includes
monitoring and preservation plans].
(c)
It shall be a civil and administrative violation for any person to take,
appropriate, excavate, injure, destroy, or alter any historic property or
burial site, or to use explosives, during the course of land development
or land alteration activities to which [section 6E-42 applies,] section
6E-8 or 6E-42 applies, without obtaining the required approval[.] from
the department.
(d)
It shall be a civil and administrative violation for any person to violate
or fail to carry out any agreed upon mitigation condition or commitment.
[(d)] (e) It shall be a civil and administrative
violation for any person who inadvertently discovers a burial site to fail to
stop work in the immediate area and report the discovery, as required by
section 6E-43.6.
[(e)] (f) It shall be a civil and administrative violation
for any person to knowingly glue together any human skeletal remains, label any
human skeletal remains with any type of marking pen, or conduct any tests that
destroy human skeletal remains, as defined in section 6E-2, except as permitted
by the department.
[(f)] (g) Any person who violates this section shall be
fined not more than $10,000 for each separate violation. If the violator directly or indirectly has
caused the loss of, or damage to, any historic property or burial site, the
violator shall be fined an additional amount determined by the environmental court
or an administrative adjudicative authority to be equivalent to the value of
the lost or damaged historic property or burial site. Each day of continued violation of this
provision shall constitute a distinct and separate violation for which the
violator may be punished. Equipment used
by a violator for the taking, appropriation, excavation, injury, destruction,
or alteration of any historic property or burial site, or for the transportation
of the violator to or from the historic property or burial site, shall be
subject to seizure and disposition by the State without compensation to its
owner or owners.
[(g)] (h) Any person who knowingly violates this
chapter with respect to burial sites shall also be prohibited from
participating in the construction of any state or county funded project for ten
years.
[(h)] (i) Nothing in this section shall apply to land
altering activities relating to family burial plots under section 441-5.5.
[(i)] (j) The civil and administrative penalties
imposed pursuant to this chapter shall be in addition to the criminal penalties
provided by this chapter and any other penalties that may be imposed pursuant
to law."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Historic Preservation; Civil and Administrative Violation; Archaeological Activities
Description:
Makes it a civil and administrative violation for any person to knowingly and intentionally engage in certain archaeological activities without obtaining the required permission or approval from the department of land and natural resources, use explosives in land development or alteration activities subject to historic review, and violate or fail to carry out any agreed upon mitigation condition or commitment. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
