STAND

STAND. COM. REP. NO. 361

Honolulu, Hawaii

, 2005

RE: H.B. No. 712

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, & Ocean Resources and Hawaiian Affairs, to which was referred H.B. No. 712 entitled:

"A BILL FOR AN ACT RELATING TO VIOLATIONS OF CHAPTER 6E,"

beg leave to report as follows:

The purpose of this bill is to protect historical and cultural sites and artifacts. Specifically, this bill establishes criminal offenses for any person who:

(1) Takes, appropriates, excavates, injures, destroys, or alters historic property or aviation artifacts, without permission;

(2) Takes, appropriates, excavates, injures, destroys, or alters burial sites located on private lands or lands owned by the State and counties, without permission;

(3) Takes, appropriates, excavates, injures, destroys, or alters a burial site or its contents during the course of certain land development or land alteration activities, without required approval; and

(4) Fails to stop work upon discovery of a burial site if a person discovers a burial site and fails to stop work in the immediate area and report the discovery as required under section 6E-43.6, Hawaii Revised Statutes (HRS).

In addition, this bill clarifies that the unlawful actions set forth in paragraphs (1) through (4) above are civil violations

under section 6E-11, HRS, and establishes that penalties imposed by this section shall be in addition to the criminal penalties provided under the Historic Preservation Law and any other penalties that may be imposed pursuant to law.

The Department of Land and Natural Resources (DLNR) and Office of Hawaiian Affairs supported this bill. A concerned citizen offered conditional support. Pae'Aina Communications, LLP, supported the intent of this bill with amendments.

Your Committees have amended this measure by:

(1) Clarifying that a person commits the criminal offenses established by this bill if the person knowingly commits the actions;

(2) Clarifying that the unlawful actions set forth under section 6E-11, HRS, are civil and administrative violations;

(3) Clarifying that the civil and administrative penalties imposed pursuant to the Historic Preservation Law shall be in addition to the criminal penalties provided under the Historic Preservation Law and any other penalties that may be imposed pursuant to law;

(4) Establishing that it is a civil and administrative violation to knowingly fail to re-inter human remains, discovered on private lands or lands owned by the State or counties, in a reasonable period of time as determined by DLNR; and

(5) Making technical, nonsubstantive amendments for style, clarity, and consistency.

As affirmed by the records of votes of the members of your Committees on Water, Land, & Ocean Resources and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 712, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 712, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water, Land, & Ocean Resources and Hawaiian Affairs,

____________________________ SCOTT K. SAIKI, Chair		____________________________ EZRA R. KANOHO, Chair