Hawaii 2023 Regular Session

Hawaii Senate Bill SB680 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 680 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to historic preservation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 680
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	680
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to historic preservation.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that there is a small sand bar situated in Kaneohe bay, known to Native Hawaiians as Ahu o Laka. While news articles in the past have described the sand bar as being named after an Oahu chief, Laka, who died there, other oral historical sources from Native Hawaiians residing on the windward side of Oahu indicate that the sand bar is named as an altar to the ancient goddess of hula, Laka. When the sacred art of hula was banned by western influences, many followers would practice hula surreptitiously in hidden and remote places. For this reason, Ahu o Laka was deemed to be an excellent locale for hula practice; further, the sand made for an excellent medium to dance upon. The legislature further finds that since at least 2006, news articles have brought public attention to Ahu o Laka. According to these news articles, Ahu o Laka has been the site of public concerts and large gatherings, resulting in drinking, littering, and fights. These reports raise concerns relating to the desecration of a culturally significant place and the degradation of an important aesthetical resource of the State. Accordingly, the purpose of this Act is to designate Ahu o Laka as a state monument and to restrict certain activities there. SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows: "§6E- Ahu o Laka state monument. (a) There is established the Ahu o Laka state monument on Oahu to be administered by the department of land and natural resources and to consist of those lands that the department determines to be essential to the preservation of the visual, cultural, and historical aspects and significance of Ahu o Laka. The lands identified as significant to the preservation of Ahu o Laka shall consist of: (1) The approximately three-acre sand bar in Kaneohe bay off of Heeia, that is above the water's surface at low tide; and (2) The surrounding state marine waters, as that term is defined in section 190D-3, that the department of land and natural resources determines is necessary for the preservation of the visual, cultural, and historical aspects and significance of the Ahu o Laka state monument. (b) The following uses or activities shall be prohibited within the Ahu o Laka state monument: (1) Commercial activities, including but not limited to commercial filming activities; (2) Use of equipment for the amplification of sound; and (3) Possession of any bottle, can, or other receptacle containing any intoxicating liquor, as defined in section 281-1, that has been opened or had a seal broken or the contents of which have been partially removed. (c) The department of land and natural resources may adopt rules, pursuant to chapter 91, for the protection of the Ahu o Laka state monument, including but not limited to determining a maximum size vessel as that term is defined in section 291E-1 that may enter the Ahu o Laka state monument at any given time during any day." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that there is a small sand bar situated in Kaneohe bay, known to Native Hawaiians as Ahu o Laka. While news articles in the past have described the sand bar as being named after an Oahu chief, Laka, who died there, other oral historical sources from Native Hawaiians residing on the windward side of Oahu indicate that the sand bar is named as an altar to the ancient goddess of hula, Laka. When the sacred art of hula was banned by western influences, many followers would practice hula surreptitiously in hidden and remote places. For this reason, Ahu o Laka was deemed to be an excellent locale for hula practice; further, the sand made for an excellent medium to dance upon.
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51	51	The legislature further finds that since at least 2006, news articles have brought public attention to Ahu o Laka. According to these news articles, Ahu o Laka has been the site of public concerts and large gatherings, resulting in drinking, littering, and fights. These reports raise concerns relating to the desecration of a culturally significant place and the degradation of an important aesthetical resource of the State.
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53	53	Accordingly, the purpose of this Act is to designate Ahu o Laka as a state monument and to restrict certain activities there.
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55	55	SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
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57	57	"§6E- Ahu o Laka state monument. (a) There is established the Ahu o Laka state monument on Oahu to be administered by the department of land and natural resources and to consist of those lands that the department determines to be essential to the preservation of the visual, cultural, and historical aspects and significance of Ahu o Laka. The lands identified as significant to the preservation of Ahu o Laka shall consist of:
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59	59	(1) The approximately three-acre sand bar in Kaneohe bay off of Heeia, that is above the water's surface at low tide; and
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61	61	(2) The surrounding state marine waters, as that term is defined in section 190D-3, that the department of land and natural resources determines is necessary for the preservation of the visual, cultural, and historical aspects and significance of the Ahu o Laka state monument.
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63	63	(b) The following uses or activities shall be prohibited within the Ahu o Laka state monument:
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65	65	(1) Commercial activities, including but not limited to commercial filming activities;
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67	67	(2) Use of equipment for the amplification of sound; and
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69	69	(3) Possession of any bottle, can, or other receptacle containing any intoxicating liquor, as defined in section 281-1, that has been opened or had a seal broken or the contents of which have been partially removed.
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71	71	(c) The department of land and natural resources may adopt rules, pursuant to chapter 91, for the protection of the Ahu o Laka state monument, including but not limited to determining a maximum size vessel as that term is defined in section 291E-1 that may enter the Ahu o Laka state monument at any given time during any day."
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73	73	SECTION 3. New statutory material is underscored.
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75	75	SECTION 4. This Act shall take effect upon its approval.
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79	79	INTRODUCED BY: _____________________________
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81	81	INTRODUCED BY:
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89	89	Report Title: Historic Preservation; Ahu o Laka State Monument; Kaneohe Bay Description: Establishes the Ahu o Laka State Monument. Prohibits certain activities at the Ahu o Laka State Monument. 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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95	95	Report Title:
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97	97	Historic Preservation; Ahu o Laka State Monument; Kaneohe Bay
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101	101	Description:
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103	103	Establishes the Ahu o Laka State Monument. Prohibits certain activities at the Ahu o Laka State Monument.
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111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.