Bill Text: HI SB2385 | 2012 | Regular Session | Introduced


Bill Title: Burial Site; Native Hawaiian Skeletal Remains; Task Force

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2012-01-23 - (S) Referred to HWN/WLH, WAM. [SB2385 Detail]

Download: Hawaii-2012-SB2385-Introduced.html

THE SENATE

S.B. NO.

2385

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to burial sites.

 

 

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

 


     SECTION 1.  The legislature finds that the island burial councils were established by Act 306, Session Laws of Hawaii 1990, to provide additional protection for Native Hawaiian burial sites of high preservation value, or prehistoric or historic burials associated with important individuals or events or important individuals that have known lineal descendants.  Title 13, Hawaii Administrative Rules, chapter 300, of the department of land and natural resources further clarifies procedures and protocols related to burial sites and human remains.

     The legislature recognizes and respects the difficulties faced by the island burial councils, particularly in those cases where a lineal or cultural descendant of Native Hawaiian skeletal remains that are interred at a burial site cannot be established to the satisfaction of a council.  In these instances, a deferral pending submission of additional information may delay indefinitely a decision regarding the burial treatment plan for the Native Hawaiian skeletal remains.

     The purpose of this Act is to establish a task force to develop additional procedures and protocols in the event a lineal or cultural descendant of Native Hawaiian skeletal remains that are interred at a burial site cannot be established.

     SECTION 2.  (a)  The department of land and natural resources shall convene a task force to develop additional procedures and protocols in the event a lineal or cultural descendant of Native Hawaiian skeletal remains that are interred at a burial site cannot be established.  In its deliberations, the task force shall consider options for reburial, including reburial on the island of Kahoolawe.

     (b)  The task force shall consist of representatives of the following:

     (1)  Department of land and natural resources, historic preservation division;

     (2)  Office of Hawaiian affairs;

     (3)  Island burial councils;

     (4)  Native Hawaiian organizations;

     (5)  Members of the Native Hawaiian community with understanding of the culture, history, burial beliefs, customs, and practices of Native Hawaiians; and

     (6)  Others as appropriate.

     (c)  The department of land and natural resources, historic preservation division shall be responsible for administering the work of the task force, providing a facilitator, and submitting a report to the legislature.

     (d)  Members of the task force shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (e)  The task force shall submit a report of its findings and recommendations, including any recommendations for legislation, to the legislature and the governor no later than twenty days prior to the regular session of 2013.

     (f)  The task force shall cease to exist on June 30, 2013.

     SECTION 3.  This Act shall take effect on July 1, 2012.

 

INTRODUCED BY:

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Report Title:

Burial Site; Native Hawaiian Skeletal Remains; Task Force

 

Description:

Establishes a task force to develop additional procedures and protocols in the event a lineal or cultural descendant of Native Hawaiian skeletal remains that are interred at a burial site cannot be established.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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