STAND. COM. REP. NO. 1063

Honolulu, Hawaii

, 2005

RE: H.B. No. 712

H.D. 2

S.D. 1

 

 

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 H.B. No. 712, H.D. 2, entitled:

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

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 the Office of Hawaiian Affairs.

Previously, your Committees heard S.B. No. 821, the Senate companion to this measure, and found 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 and administrative penalties.

Your Committees have amended this measure by making technical amendments for consistency and style.

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 H.B. No. 712, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 712, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Media, Arts, Science, and Technology and Water, Land, and Agriculture,

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RUSSELL S. KOKUBUN, Chair

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CAROL FUKUNAGA, Chair