Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 1285, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide protections and penalties for damaging historic properties or burial sites found on private lands when the necessary approvals have not been sought as required by historic preservation law.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, Hawaii County Planning Department, and the Representative from the fourth House District. Testimony in support of the intent of this measure was submitted by the Board of Land and Natural Resources and Ka Lahui Hawai`i Political Action Committee.

Your Committee finds that this measure works within the current process, which is appreciated by the Department of Land and Natural Resources (DLNR). DLNR has often felt frustrated by its inability to protect clearly significant historic properties on private lands or to pursue penalties when historic properties were destroyed because no agency permitting action was required or those requirements were ignored.

DLNR offered amendments to bring the language into conformance with the enforcement, civil and administrative penalties, and injunctive relief provisions of S.B. No. 1213, S.D. 1. Accordingly, your Committee has amended the measure to effectuate the suggested amendments by adding new sections to the Historic Preservation Chapter of the Hawaii Revised Statutes. These new sections describe the process by which DLNR shall serve notice upon the alleged violator, impose penalties, provide for a hearing, and institute civil actions if penalties are not paid. The amendments also enable DLNR to impose civil or administrative penalties in addition to the existing criminal penalties.

Your Committee has also changed the language of proposed section 6E-43.6(g) to read "treatment" instead of "removal" when referring to a burial discovered inadvertently in the course of land altering activities to encompass any outcome of such a find.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1285, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1285, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.