Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 378 entitled:

begs leave to report as follows:

The purpose of this measure is to add accreted lands to the definition of public lands, and to define "accreted lands".

Testimony in support of this measure was received from the Life of the Land and three individuals. Comments were received from the Department of Land and Natural Resources and the Office of Hawaiian Affairs.

This measure defines accreted lands as lands formed by the gradual accumulation of land on a beach or shore along the ocean by the action of natural forces. This measure deems accreted lands to be public lands, but a private property owner whose eroded land has been restored by accretion may file an accretion claim to regain title to the restored portion.

Your Committee agrees with the Committee on Water, Land, and Agriculture that this measure will help protect Hawaii's public lands and fragile beaches.

Your Committee has amended this measure by deleting the amendment to section 343-3, Hawaii Revised Statutes, that would have required the office of environmental quality control to inform the public of an application filed with the land court for the registration of accreted land. Technical, nonsubstantive amendments were also made for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 378, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 378, S.D. 1.