If enacted, this bill will amend existing laws under Chapter 6E of the Hawaii Revised Statutes to mandate the Board of Land and Natural Resources to enforce compliance when violations occur. Previously, the board had discretion in determining penalties; however, under this bill, they will be required to impose specific penalties for violations, thereby strengthening accountability and oversight in historic preservation matters.
Summary
SB2438, relating to burial sites, aims to enhance the implementation of laws regarding historic preservation in Hawaii. It seeks to clarify the statutory language to provide equal protection for both Hawaiian and non-Hawaiian burial sites. The legislation is grounded in the belief that a comprehensive approach is necessary to address the complexities surrounding the preservation and regulations of burial sites, which reflect the cultural heritage of the state.
Conclusion
Overall, SB2438 presents a significant shift in how Hawaii regulates burial sites, promoting equal protection for all cultural heritage sites while enhancing compliance measures. The effects of this legislation may reverberate through local communities, influencing how historical and cultural sites are treated in the face of modern development pressures.
Contention
One of the notable points of contention surrounding SB2438 is the potential impact on land use and private property rights. Critics argue that the mandatory enforcement measures may impose undue burdens on landowners, especially in areas where burial sites may not be well documented. Furthermore, there are concerns that the bill could lead to increased fines and penalties, potentially deterring development and creating legal challenges for property owners.