Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Media, Arts, Science, and Technology and Water, Land, and Agriculture, to which was referred S.B. No. 821 entitled:

beg leave to report as follows:

The purpose of this measure is to establish criminal penalties for violations against state historic sites and aviation artifacts.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources and received comments from the Native Hawaiian Legal Corporation.

Your Committees find that the State has a strong interest in preserving and protecting Hawaii's historic sites and aviation artifacts. At present, the Department of Land and Natural Resources' only recourse against violators of chapter 6E, Hawaii Revised Statutes, is to pursue civil penalties where historic properties were knowingly destroyed. Your Committees find that this remedy is inadequate and does not deter future violations. Your Committees believe that this measure will strengthen the department's authority and enforcement mechanisms by providing criminal penalties in addition to existing civil penalties.

As affirmed by the records of votes of the members of your Committees on Media, Arts, Science, and Technology and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 821 and recommend that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.