Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2167 entitled:

begs leave to report as follows:

The purpose of this bill is to ensure public access to shoreline and inland areas.

This bill requires the counties to adopt ordinances prohibiting the development of private gated communities that would deny public access to any shoreline area or any inland area customarily used for recreational or cultural purposes. This bill also amends the law relating to all subdivisions by:

The Sierra Club, Hawaii Chapter, testified in support of this measure. The Office of Hawaiian Affairs and an employee of the Native Hawaiian Legal Corporation supported the intent of this bill. An individual opposed this measure.

Your Committee finds that intimidating gates and ominous signs deter access to public beaches and trails. Public access to the state's recreational and cultural resources is imperative, and legislative action is necessary to provide the public with opportunities to enjoy the state's beauty.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2167 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.