STAND. COM. REP. NO.  1327

 

Honolulu, Hawaii

                , 2007

 

RE:   S.B. No. 870

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Sir:

 

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred S.B. No. 870, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE DESIGNATION OF A HAWAII ARCHAEOLOGICAL DATA SURVEY,"

 

begs leave to report as follows:

 

     The purpose of this bill is to provide public access to existing documentation of archaeological work of the Hawaiian archipelago, beginning with the collections of Bishop Museum, by:

 

     (1)  Establishing a Hawaii Archaeological Data Survey

          (Survey), that consists of an online database; and

 

     (2)  Designating the Survey as a program of the Bishop              Museum, which has been designated as the State of Hawaii      Museum of Natural and Cultural History (Museum) under            Section 6E-40, Hawaii Revised Statutes. 

 

The bill also authorizes the Museum, in consultation with the Office of Hawaiian Affairs (OHA), to withhold from the database sensitive information that if disclosed, may threaten the protection of valuable archaeological sites and artifacts.

 


     OHA and the Bishop Museum testified in support of this bill.  The Department of Land and Natural Resources supported the intent of this measure.  The Office of Information Practices and the President of the Society for Hawaiian Archaeology provided comments.

 

     Your Committee has amended this bill by changing the effective date to July 1, 2050, to encourage further discussion.

 

     Your Committee notes that concerns were raised regarding language to ensure that confidentiality of sensitive information is balanced with the public's right to the information under information practices laws.  Your Committee respectfully requests the Committee on Finance to consider inserting language to clarify the State's authority when various state agencies and the Bishop Museum differ in opinion as to whether certain information should be disclosed or withheld.  Specifically, your Committee requests that the Committee on Finance consider authority the State should have to mandate the Museum to:

 

     (1)  Withhold information the State concludes is sensitive,

          but Bishop Museum seeks to disclose on the Survey; and

    

     (2)  Disclose information the State concludes is not

          sensitive, but Bishop Museum seeks to withhold from the

          Survey.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 870, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 870, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

 

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

 

 

 

 

____________________________

KEN ITO, Chair