CONFERENCE COMMITTEE REP. 6

Honolulu, Hawaii

, 2003

RE: H.B. No. 1285

H.D. 1

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1285, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC SITES,"

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 bill is to provide better protections for historic properties and burial sites. This bill:

(1) Makes it unlawful to damage historic properties or burial sites in the course of land development or land alteration activities when the necessary approvals have not been sought as required by the historic preservation law;

(2) Requires the stopping of work in the immediate area of any discovery of a burial site;

(3) Establishes a procedure to enforce the historic preservation law through the service of written notices to alleged violators that outlines steps to be taken to correct the violations; and

(4) Establishes civil penalties and identifies the conditions under which administrative penalties may be imposed.

Your Committee on Conference has amended this bill by:

(1) Specifying that the amount of civil penalties for violations shall not be less than $500 nor more than $10,000 for each separate offense;

(2) Deleting the provision that specified that state of mind shall not be an element of proof for civil violations;

(3) Exempting land altering activities relating to family burial plots from the provisions of this bill; and

(4) Making technical, nonsubstantive amendments for purposes of clarity and style.

It is not the intent of your Committee on Conference to infringe on the customary and traditional burial rights exercised by native Hawaiians.

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 H.B. No. 1285, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1285, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

LORRAINE R. INOUYE, Co-Chair

____________________________

EZRA KANOHO, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

JERRY CHANG, Co-Chair

____________________________

BLAKE K. OSHIRO, Co-Chair