Bill Text: HI SB2739 | 2010 | Regular Session | Introduced

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Bill Title: Archaeology Practice; Licensing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-03 - (S) The committee on WTL deferred the measure. [SB2739 Detail]

Download: Hawaii-2010-SB2739-Introduced.html

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THE SENATE	S.B. NO.	2739
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE LICENSING OF ARCHAEOLOGISTS.

 

 

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

 

     SECTION 1.  The legislature finds that it is the public policy of the State of Hawaii to protect significant archaeological and burial sites.

     The practice of archaeology is often affected and driven by development needs.  Accordingly, the practice of archaeology should be subject to regulation and control to ensure the public that standards to preserve and protect archaeological sites are being met.

     The legislature further finds that the practice of archaeology is dynamic and continues to evolve with more sophisticated techniques and the incorporation of knowledge from past work in the field.  Additionally, the public is increasingly interested in the archaeology and history of the places that they live in.  As the bridge between the past and present, archaeologists have both a public and private duty to ensure that significant archaeological and burial sites are protected.

     The purpose of this Act is to regulate the practice of archaeology by authorizing the director of commerce and consumer affairs to establish licensure requirements for and regulate archaeologists.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding to title 25 a new chapter to be appropriately designated and to read as follows:

"CHAPTER

ARCHAEOLOGY

     §   -1  Definitions.  For the purposes of this chapter:

     "Archaeologist" means a person who shall have the following professional qualifications to practice archaeology in Hawaii: 

     (1)  A graduate degree from an accredited institution in archaeology, or anthropology, with a specialization in archaeology, or an equivalent field;

     (2)  At least one year of cumulative archaeological experience in Hawaii or the Pacific;

     (3)  At least four months of supervised archaeological field and analytic experience in Hawaii;

     (4)  At least one year of archaeological research, administration, or management at a supervisory level with at least four months of field experience;

     (5)  A demonstrated ability to carry research to completion, as shown by completed theses, publications, and manuscripts; and

     (6)  A demonstrated knowledge of historic preservation laws, rules, and guidelines.

     "Department" means the department of commerce and consumer affairs.

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

     §   -2  Limitations.  Nothing in this chapter shall override the requirements of chapter 6E or any rules adopted thereunder.

     §   -3  License required.  No person shall use the title "archaeologist" or like title, or serve as principal investigator on an archaeological study permitted by the State of Hawaii unless licensed as an archaeologist under this chapter.

     §   -4  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Adopt rules pursuant to chapter 91 to develop standards for licensure;

     (2)  Work with the University of Hawaii anthropology program to prepare and administer examinations sponsored by the Society for Hawaiian Archaeology;

     (3)  Issue, deny, renew, refuse to renew, suspend, revoke, fine, and condition licenses;

     (4)  Conduct hearings regarding any violation of this chapter or any rules adopted to implement this chapter; and

     (5)  Establish a fee schedule for the administration and enforcement of this chapter, including but not limited to fees for original licensure, renewal, and license restoration.

     §   -5  Qualifications for license.  Notwithstanding any other law to the contrary, to qualify for an archaeologist's license an individual shall meet:

     (1)  Apply in writing on a form prescribed by the director and submit the fee set by the director for application;

     (2)  Meet the requirements specified in section 13-281-3, Hawaii Administrative Rules, as amended; and

     (3)  Pass a background check that shall include a review of the applicant's archaeological practice in other jurisdictions and a review of any alleged misconduct or neglect in the practice of archaeology on the part of the applicant.

     §   -6  Disciplinary actions.  (a)  The director may revoke, suspend, deny, or refuse to renew a license, place a licensee on probation, or issue a letter of admonition upon proof that the licensee:

     (1)  Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

     (2)  Has willfully acted in a manner inconsistent with the public policy to protect archaeological resources; or

     (3)  Has committed a fraudulent act.

     (b)  In addition to suspension, revocation, denial, or refusal to renew a license, the director shall fine a person found to have violated any provision of this chapter or any rule adopted by the director under this chapter not less than $100 nor more than $5,000 for each violation."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Archaeology Practice; Licensing

 

Description:

Establishes licensing requirements for archaeologists practicing archaeology in the State of Hawaii.

 

 

 

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