SB 1301 Hawaii Senate · 2026 Regular Session

RELATING TO HISTORIC PRESERVATION.

Summary

Establishes conditions under which archaeological inventory surveys and reconnaissance surveys are required. Establishes conditions under which archaeological permits may be issued and revoked and the practice of archaeology may be temporarily revoked. Modifies the composition and operations of island burial councils. Modifies procedures upon the inadvertent discovery of burial sites. Effective 7/1/2050. (SD1)

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Governor

Introduced Jan 21, 2025 Last action Feb 20, 2026

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What changed between versions

SB1301 → SB1301_SD1 · 5 edits

MODERATE

This bill updates the historic preservation and archaeological protection laws in Hawaii to modernize definitions, clarify council compositions, and establish a future effective date. Key changes include refining the definition of 'historic property' to explicitly include underwater sites and Native Hawaiian cultural values, adjusting the composition of island burial councils to better represent regional interests, and shifting the law's effective date to July 1, 2050.

Scope change

The bill modifies the applicability of island burial councils by clarifying their geographic regions and membership ratios, and updates the definition of historic properties to ensure broader inclusion of cultural sites.

DEFINITION

The definition of 'historic property' was updated to explicitly include underwater sites and to emphasize the importance of associations with Native Hawaiian cultural practices and beliefs.

REQUIREMENT

Requirements for archaeological inventory surveys and field inspections were clarified for project proponents, with specific attention to areas where historic sites have been previously identified.

ENFORCEMENT

Penalties for violating archaeological permit provisions were updated to reference the 'chapter' instead of 'part,' and the maximum suspension period for violators remains at five years.

SCOPE

The composition and appointment procedures for island burial councils were revised to clarify member counts, regional representation, and the ratio of community representatives to development interests.

TIMELINE

The effective date of the Act was changed from immediate approval to July 1, 2050, indicating a significant delay in implementation.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 20, 2026

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

upper

Feb 20, 2026

Committee

Reported from WLA/HWN (Stand. Com. Rep. No. 2599) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Feb 13, 2026

Upper · Passed

The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 4 Aye(s): Senator(s) Lee, C., Inouye, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Chang.

upper

Feb 12, 2026

Upper · Passed

The committee(s) on HWN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HWN were as follows: 5 Aye(s): Senator(s) Richards, Lamosao, Ihara, Keohokalole, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 6, 2026

Upper · Passed

The committee(s) on WLA/HWN has scheduled a public hearing on 02-10-26 1:00PM; Conference Room 224 & Videoconference.

upper

Jan 21, 2026

Committee

Re-Referred to WLA/HWN, JDC.

upper

Jan 27, 2025

Committee

Referred to WTL/HWN, JDC.

upper

Jan 23, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 21, 2025

Introduced

Pending Introduction.

upper

1 primary · 0 co-sponsors