STAND. COM. REP. NO.  540

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 245

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 245 entitled:

"A BILL FOR AN ACT RELATING TO DESIGNATION OF A HAWAII ARCHEOLOGICAL SURVEY,"

begs leave to report as follows:

     The purpose of this bill is to provide access to existing documentation of archeological work of the Hawaiian archipelago by:

     (1)  Establishing a Hawaii Archeological Data Survey (Survey) that consists of an online database; and

     (2)  Designating the Survey as a program of the State of Hawaii Museum of Natural and Cultural History.

     The Bishop Museum testified in support of this bill.  The Office of Hawaiian Affairs supported this measure with amendments.  The President of the Society for Hawaiian Archaeology opposed this bill.

     Recognizing the concerns of disclosing sensitive information regarding certain archeological sites and artifacts, your Committee has amended this bill by:

(1)  Authorizing the State of Hawaii Museum of Natural and Cultural History, in consultation with the Office of Hawaiian Affairs, to withhold from the database, temporarily or permanently, information that is not required to be disclosed under section 92F-13(3), Hawaii Revised Statutes, due to a valid threat that disclosure may frustrate the legitimate government function of protecting valuable archeological sites and artifacts; and

     (2)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 245, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 245, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair