Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 712, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish various criminal offenses and penalties as well as civil and administrative fines relating to the taking, appropriating, excavating, injuring, destroying, or altering a historic property, aviation artifact, or burial site.

Testimony in support of the measure was submitted by the Department of Land and Natural Resources, the Office of Hawaiian Affairs, Pae `Aina Communications LLP, Hui Malama i na Kupuna o Hawai`i Nei, Anonui Builders, Inc. and five individuals. The Office of the Public Defender testified in opposition to the measure.

This measure creates criminal sanctions as well as authorizes a court or administrative adjudicative authority to impose civil and administrative fines for violations of Chapter 6E, Hawaii Revised Statutes. Your Committee finds that this measure is designed to protect and preserve important historic and cultural burial sites and properties as well as artifacts located within those sites.

Your Committee has amended this measure by making it a civil and administrative violation to glue together human remains, label them with a marking pen, or conduct any destructive tests, except as permitted by the department.

Your Committee has also amended this measure by making technical, non-substantive changes for purposes of clarity and consistency as well as making the measure effective upon its approval.

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. 712, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 712, H.D. 2, S.D. 2.