THE SENATE	S.B. NO.	2591
THIRTY-SECOND LEGISLATURE, 2024
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 individuals and ohana possess the right to access private property to identify and record burials for inclusion in the State's inventory of burial sites, or to conduct cultural practices related to burial sites.

Therefore, the purpose of this Act is to ensure that individuals and ohana members of lineal or cultural descent to individuals buried on privately owned property may access burial sites for the purposes of identifying, monitoring, or recording burial sites, or to conduct cultural practices related to burial sites.

SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The department may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. Whenever any member of the department duly authorized to conduct investigations and surveys of an historic or cultural nature determines that entry onto private lands for examination or survey of historic or cultural finding is required, the department shall give written notice of the finding to the owner or occupant of [such] the property at least five days prior to entry. An individual seeking to identify, record, or monitor burial sites on privately owned lands, or to conduct cultural practices related to burial sites on privately owned lands, may request access to the parcel through the department; provided that the individual can demonstrate lineal or cultural descent to individuals known through oral or written records to have been buried on the property. Private landowners shall provide reasonable access to the individual and may require that the individual be accompanied by a member of the department. If entry is refused, the member, or individual who is a cultural or lineal descendant to the burials on the private property, may make a complaint to the district environmental court in the circuit in which [such] the land is located. The district environmental court may thereupon issue a warrant, directed to any police officer of the circuit, commanding the officer to take sufficient aid, and, being accompanied by a member of the department, and, as appropriate, lineal or cultural descendants of individuals known through oral or written records to have been buried on the property, between the hours of sunrise and sunset, allow the member of the department, or the lineal or cultural descendant, to examine or survey the historic or cultural property."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

State Historic Preservation Division; Native Hawaiians; Cultural Practitioners; Burial Sites; Private Property; Landowners

Description:

Allows individuals and ohana members to access burial sites on privately owned lands to identify, monitor, or record burial sites, or to conduct cultural practices related to burial sites.

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