CONFERENCE COMMITTEE REP. NO.77-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2898

S.D. 2

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2898, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CAVE PROTECTION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to establish a caves protection law to protect the unique cultural and natural resources found in caves throughout the State of Hawaii.

Your Committee on Conference finds that this measure is a critical step in protecting the fragile natural and cultural resources in Hawaii's caves, including human burials and other evidence of native Hawaiian use and traditions.

Your Committee on Conference has considered a number of concerns raised regarding this measure.

It is the intent of the Committee on Conference that if a "charge" is assessed, as defined in chapter 520, Hawaii Revised Statutes (HRS), a person shall be deemed to be engaged in commercial entry, as defined in this measure. It is also the intent of the Committee on Conference that the permitted land-altering activities in the definition of "construction context" refers to all activities allowed by law, including activities for which a formal permit may not be required. With regards to confidentiality issues raised by the Office of Information Practices, it is not the intent of your Committee on Conference to restrict access to information on cave locations and resources that is already a matter of public record.

Your Committee on Conference has amended this measure to:

(1) Revise the confidentiality provisions to require the department to keep all government information on a cave confidential if an owner believes, after consultation with the department, that disclosure would be detrimental to protection of the cave;

(2) Under criminal penalties, raise the fine for a first offense to $1,000, and for any subsequent offense to $1,500, clarify that penalties under this section do not limit imposition of penalties under chapter 6E, HRS, and that fines under this section shall not be suspended or waived;

(3) Further detail and clarify the cumulative penalties;

(4) Delete the theft provisions regarding funerary objects; and

(5) Make technical, nonsubstantive amendments for the purposes of clarity and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2898, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2898, S.D. 2, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

HERMINA M. MORITA, Co-Chair

____________________________

LORRAINE R. INOUYE, Co-Chair

____________________________

BLAKE K. OSHIRO, Co-Chair

____________________________

JONATHAN CHUN, Co-Chair

____________________________

BRIAN KANNO, Co-Chair