STAND. COM. REP. NO. 221
RE: H.B. No. 1358
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Culture, Arts, & International Affairs, to which was referred H.B. No. 1358 entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Clarify that the State Historic Preservation Program includes developing informational material about protections for burials, historic sites, and archaeological resources and providing consultation to counties and public and private agencies involved in historic preservation and development;
(2) Amend the composition and duties of the Hawaii Historic Places Review Board; and
(3) Increase civil and administrative fines and make violators liable for costs associated with mitigation or restoration measures for certain violations of historic and preservation requirements.
Your Committee finds that additional clarification on the duties of the State Historic Preservation Program and increased civil and administrative penalties are needed to emphasize the vulnerability and importance of Native Hawaiian historic properties and Objects and to protect and preserve cultural and historic sites in Hawaii that may be disturbed or destroyed as the result of a development project.
Your Committee has amended this measure by:
(1) Removing language requiring the State Historic Preservation Division provide consultation to counties and public and private agencies involved in historic preservation activities;
(2) Removing language adding an additional member to the Hawaii Historic Places Review Board and altering the duties of the Hawaii Historic Places Review Board;
(3) Making consultation with the Office of Hawaiian Affairs on determinations of loss or damage to pre-contact historic property permissive, rather than required;
(4) Changing the effective date to July 1, 2065, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Culture, Arts, & International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1358, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1358, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Culture, Arts, & International Affairs,
CEDRIC ASUEGA GATES, Chair