STAND. COM. REP. NO.1240-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2898

S.D. 2

H.D. 2

 

 

 

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 S.B. No. 2898, S.D. 2, 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, Department of Transportation, Office of Hawaiian Affairs, Oahu Island Burial Council and the Hawaii Leeward Planning Conference. Comments were received from the Consumer Lawyers of Hawaii.

Your Committee has amended this bill by:

(1) Amending the definition of "cave" to include the requirement that the cave must have archeological, geological, or cultural significance;

(2) Amending the definition of the term "construction context" to include all permitted activities necessary to construct subsurface tunnels for highways and utilities;

(3) Making an exception to the offense of unlawful burning in a cave for caves encountered within the normal course of a construction context;

(4) Clarifying that the offense of burning in a cave requires that the alleged perpetuator committed the offense "intentionally, knowingly, or recklessly;"

(5) Clarifying that the offense of disturbing native organisms in a cave requires that the alleged perpetuator committed the offense "knowingly or recklessly;"

(6) Clarifying that the offense of disturbing or harming the surfaces of caves includes the requirement that the alleged perpetrator knowingly committed the offense;

(7) Clarifying that harming native organisms in a cave must be substantial for an offense to have occurred;

(8) Clarifying that the offense against cave organisms occurs when it affects not only native organisms but also endemic organisms as well as organisms that are threatened or endangered;

(9) Clarifying that liability exists where a cave owner fails to guard or warn against a dangerous condition or activity that the owner knowingly perpetuates or where a cave owner charges a fee to any person who enters or uses the cave for educational, native Hawaiian cultural, or scientific purposes;

(10) Clarifying that persons violating the new chapter shall be guilty of a petty misdemeanor instead of a misdemeanor;

(11) Establishing fines of not less than $250 for a first offense and $500 for any subsequent offenses; and

(12) Making technical, nonsubstantive amendments for purposes of style and clarity.

 

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 S.B. No. 2898, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2898, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

 

____________________________

ERIC G. HAMAKAWA, Chair