STAND. COM. REP. NO.154-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2659
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 2659 entitled:
"A BILL FOR AN ACT RELATING TO CAVE PROTECTION,"
begs leave to report as follows:
The purpose of this bill is to protect and preserve Hawaii's caves and the unique cultural, spiritual, and scientific resources that these caves contain. This bill reflects recommendations of the Hawaii Caves Task Force, which was convened in response to S.C.R. No. 85, H.D. 1, that was adopted by the Legislature in the Regular Session of 2001.
Your Committee received testimony, many with concerns, supporting this measure from the Department of Land and Natural Resources, Hawaii Leeward Planning Conference, Activity Owners Association of Hawaii, and several concerned individuals. Comments were provided by the Office of Information Practices. A concerned individual submitted testimony opposing the bill.
Your Committee finds that this bill protects Hawaii's irreplaceable cave resources through the establishment of prohibited uses and activities, regulation of commercial and non-commercial access, and the provision of penalties. Your Committee further finds that this measure provides a fair balancing of the various interests of the community in the cultural, spiritual, and scientific resources that caves provide.
Your Committee has amended this measure by:
(1) Making theft of funerary objects, including human bones, in caves, punishable as first degree theft, a B felony punishable by up to a $25,000 fine and 10 years imprisonment;
(2) Clarifying that DLNR shall determine whether cave information should be kept confidential upon request of a cave owner, and may adopt rules to provide applicable standards and procedures; and
(3) Providing that procedures for State seizure and disposition of equipment used by a person who damages or removes cave resources shall be as provided by chapter 712A, the forfeiture law.
Your Committee has also made technical, nonsubstantive amendments for purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2659, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2659, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,
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____________________________ HERMINA M. MORITA, Chair |