STAND. COM. REP. NO.2826

Honolulu, Hawaii

, 2002

RE: S.B. No. 2898

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2898, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to protect caves as unique cultural and natural resources of the State of Hawaii.

Testimony in support of this measure was received from the Department of Land and Natural Resources (DLNR), Department of Transportation, Office of Information Practices, Hawaii Leeward Planning Conference, American Public Works Association – Hawaii Chapter, a Maui Councilmember, and two individuals.

Your Committee finds that this measure is the first step in protecting an often hidden, fragile natural and cultural resource. While there is general support for the importance of such a step, implementation and enforcement will require considerable effort on the part of many parties.

Your Committee has amended this measure as follows:

(1) Clarified the applicability of the section relating to disturbance of native organisms to apply to all "caves encountered" within the course of a construction context not only those inadvertently encountered;

(2) Changing the criminal penalties to $250 for the first offense and $500 for the second offense, and clarifying the effect of multiple violations and the effect of civil legal actions by the State;

(3) Changing the effective date to July 1, 2050; and

(4) Making technical changes for style and clarity.

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

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair