STAND. COM. REP. NO.853-02
Honolulu, Hawaii
, 2002
S.D. 2
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 S.B. No. 2898, S.D. 2, entitled:
begs leave to report as follows:
The purpose of this bill is to protect caves as unique cultural and natural resources of the State of Hawaii by:
(1) Limiting or prohibiting certain uses and activities within the cave;
(2) Establishing administrative and criminal penalties; and
(3) Allowing a cave owner to require the Department of Land and Natural Resources to keep information regarding the cave and its resources confidential.
A member of the Maui County Council and Hawaii Leeward Planning Conference supported this bill. The Department of Transportation supported the intent of this measure. The Office of Hawaiian Affairs, Department of Land and Natural Resources (DLNR), and the Office of Information Practices submitted comments on this measure.
It is the intent of your Committee to strike a fair balance between the various competing interests in the protection of Hawaii's caves. Specifically, your Committee believes objectivity should be a primary criterion in determining whether information regarding a cave's location and resources should be confidential. Further, while construction activity in certain cases are exempt from liability under this bill, your Committee believes that the construction activity should still be subject to regulations.
Accordingly, your Committee has amended this measure by:
(1) Providing that upon the request by a cave owner, DLNR shall determine whether disclosure of information regarding cave location or resources could reasonably be detrimental to protection of the cave and upon such determination, DLNR shall not disclose the information, except as permitted by section 92F, HRS;
(2) Requiring exempt construction activities to adhere to cave protection mitigative measures disclosed through environmental review or land use permitting processes; and
(3) Prohibiting reckless, rather than negligent, acts with respect to damaging a cave;
(4) Eliminating provisions allowing the State to pursue civil legal action for violations of this chapter;
(5) Amending language regarding fines imposed for violations of this chapter from $250 to not less than $250 nor more than $1000 for a first conviction and from $500 to not less than $500 nor more than $1000 for a second or subsequent conviction;
(6) Adding language providing for cumulative penalties;
(7) 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; and
(8) Making 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 S.B. No. 2898, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2898, S.D. 2, 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 |