HOUSE OF REPRESENTATIVES

H.B. NO.

892

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to historic preservation.

 

 

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

 


     SECTION 1.  Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§6E-     Culturally valuable site, structure, or artifact on private property.  (a)  Any person with knowledge of the existence, on private property, of any historical or cultural:

     (1)  Site, including burial site;

     (2)  Building or structure;

     (3)  Heiau; or

     (4)  Artifact, including any burial good;

may petition the historic preservation division to have the site, building, structure, heiau, or artifact designated as culturally valuable.  As soon as practicable after receiving the petition, the historic preservation division shall examine the site, building, structure, heiau, or artifact and gather sufficient information to determine whether it is culturally valuable.  If warranted, the historic preservation division shall:

     (1)  Designate the site, building, structure, heiau, or artifact as culturally valuable; and

     (2)  Establish a sufficient buffer zone necessary to ensure the integrity of the site, building, structure, heiau, or artifact.

     (b)  The department shall adopt rules pursuant to chapter 91 for purposes of this section.

     (c)  No person shall excavate, injure, destroy, or alter any site, building, structure, heiau, or artifact that has been designated by the historic preservation division as being culturally valuable pursuant to subsection (a).

     Any person who violates this subsection shall be fined not more than $10,000 for each separate violation."

     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.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Historic Preservation; Culturally Valuable Sites

 

Description:

Prohibits any person from injuring or destroying any site, building, structure, heiau, or artifact that has been designated as culturally valuable by the historic preservation division.  Authorizes any person to petition the historic preservation division for the designation of culturally valuable.

 

 

 

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