STAND. COM. REP. NO. 2475

Honolulu, Hawaii

RE: S.B. No. 2863

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.B. No. 2863 entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the offenses of property damage in the first, second, and third degrees to include damaging property holding cultural or historical significance to Native Hawaiians.

Your Committee received testimony in support of this measure from the Historic Hawai‘i Foundation; Ho‘omana Pono, LLC; Ho‘omanapono Political Action Committee; Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii; and six individuals. Your Committee received testimony in opposition to this measure from the Center for Hawaiian Sovereignty Studies. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that there has been intentional desecration to property that holds cultural or historical significance to Native Hawaiians, such as the damage done to the ‘Iolani Palace, statute of Prince Kūhiō, and King Kamehameha statue in the County of Hawai‘i. Your Committee believes that there needs to be a more fitting penalty for those who willfully damage culturally and historically important property that Native Hawaiians consider significant in order to better protect and preserve the Hawaiian culture and to educate the public on Hawaiian history. Your Committee recognizes that the definition of property holding cultural or historical significance to Native Hawaiians in this measure, as drafted, is vague and needs refinement.

Your Committee notes for consideration by your Committee on Judiciary that rather than incarcerating an individual who has damaged culturally and historically significant property, requiring the individual to work with organizations that work toward the revitalization or preservation of Hawaiian culture and history may be a more appropriate penalty, as it presents an opportunity to teach the individual the importance and meaning of the property that was damaged.

Your Committee has amended this measure by:

(1) Clarifying the definition of "property holding cultural or historical significance to Native Hawaiians"; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2863, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2863, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

MAILE S.L. SHIMABUKURO, Chair