STAND. COM. REP. NO. 2516

Honolulu, Hawaii

RE: S.B. No. 2589

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs and Water and Land, to which was referred S.B. No. 2589 entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to increase the penalty for the desecration of burial sites from a misdemeanor to a felony.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, Society for Hawaiian Archaeology, one member of the Maui Lanai Islands Burial Council, and nine individuals.

Your Committees received testimony in opposition to this measure from Pacific Rim Land, Inc.

Your Committees received comments on this measure from one individual.

Your Committees find that it is necessary for the law to reflect the seriousness of the act of disturbing human remains from burial sites without consent. This measure will increase the penalty for the desecration of burial sites from a misdemeanor to a felony to deter potential violators from harming burial sites.

Your Committees have amended this measure by:

(1) Specifying that the first offense for desecrating a burial site without permission is a misdemeanor for which a fine of not more than $10,000 shall be imposed;

(2) Specifying that any subsequent offense for desecrating a burial without permission is a felony for which a fine not to exceed $25,000 per offense shall be imposed;

(3) Amending section 1 to reflect its amended purpose; and

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

As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2589, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2589, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Water and Land,

________________________________ LORRAINE R. INOUYE, Chair

________________________________ MAILE S.L. SHIMABUKURO, Chair