Bill Text: HI SR64 | 2012 | Regular Session | Introduced

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Bill Title: Study; Cemetery Decertification; Jurisdictional Issues; Office of Hawaiian Affairs

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-16 - (S) Referred to HWN/WLH. [SR64 Detail]

Download: Hawaii-2012-SR64-Introduced.html

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THE SENATE	S.R. NO.	64
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

SENATE RESOLUTION

 

 

requesting the office of hawaiian affairs, in consultation with the department of health, the department of land and natural resources, and the department of commerce and consumer affairs, to conduct a study of the jurisdictional issues relating to the process of removing burial sites in order to decertify a cemetery.

 

 

     WHEREAS, the existing process to decertify a cemetery lacks sufficient clarity, especially regarding which state department has jurisdiction over the removal of unmarked or unidentified burial sites at a cemetery to be decertified; and

 

     WHEREAS, the Department of Health, Department of Commerce and Consumer Affairs, and Department of Land and Natural Resources collectively provide oversight over the decertification process; and

 

     WHEREAS, the Department of Health issues disinterment permits for human remains; and

 

     WHEREAS, the Department of Commerce and Consumer Affairs maintains licensing requirements and controls cemetery decertification; and

 

     WHEREAS, the Department of Land and Natural Resources, through the State Historic Preservation Division, requires photographic documentation of any existing headstones prior to removal from a cemetery to be decertified; and

 

     WHEREAS, each of these state departments play a significant role in the decertification process, but the lines of jurisdiction of each department are not always clearly delineated and the steps in the decertification process overlap with each other, causing confusion; and

 

     WHEREAS, at least three cemeteries in the process of decertification have encountered challenges due to this jurisdictional confusion; and

 

     WHEREAS, clarifying the jurisdictional responsibilities of these state agencies would ensure that the integrity of burial sites, both Native Hawaiian and non-Native Hawaiian, are preserved and consistent with the State's goal to conserve and develop cultural property within the State for the public good; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, that the Office of Hawaiian Affairs, in consultation with the Department of Health, the Department of Land and Natural Resources, and the Department of Commerce and Consumer Affairs, is requested to conduct a study of the jurisdictional issues relating to the process of removing burial sites in order to decertify a cemetery; and

 

     BE IT FURTHER RESOLVED that the Office of Hawaiian Affairs is requested to submit its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Director of Health, Chairperson of the Board of Land and Natural Resources, and Director of Commerce and Consumer Affairs.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Study; Cemetery Decertification; Jurisdictional Issues; Office of Hawaiian Affairs