Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2659, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAVE PROTECTION,"

begs leave to report as follows:

The purpose of this bill is to protect caves and their resources by limiting or prohibiting certain uses and activities within them.

Your Committee received testimony supporting the bill from the Board of Land and Natural Resources, the Department of Transportation, and the Office of Information Practices.

Your Committee amended the bill by making it unlawful to intentionally or recklessly cause damage to a cave or its resources or to harm native organisms in a cave. The bill previously provided that such acts were prohibited when intentional or negligent. Your Committee believes that the previous legal standard of negligence would criminalize accidental acts, and notes that, as already provided by this bill, a violation of the proposed statute or related rules would be a misdemeanor only when intentional or reckless.

Your Committee has also made technical, nonsubstantive amendments to the bill for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2659, H.D. 1, as amended herein, and be referred to the Committee on Finance in the form attached hereto as H.B. No. 2659, H.D. 2,