STAND. COM. REP. NO. 1193-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 3044
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 3044 entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC PROPERTY,"
begs leave to report as follows:
The purpose of the bill is to create a misdemeanor offense for obstructing public access to the sea, the shoreline, any inland recreational area, or any public rights-of-way, transit areas, or public transit corridors.
The Office of Hawaiian Affairs, Life of the Land, Hawaii Audubon Society, and a member of the Maui County Council submitted testimony in support of this measure. The Hawaii Chapter of the Sierra Club and two concerned individuals supported this measure with amendments.
Your Committee finds that criminal prohibitions are needed to enforce and protect public access to public property, like the sea.
Your Committee has amended this bill by deleting its contents and inserting provisions to:
(1) Create a misdemeanor offense for obstructing access to public property such as the sea, shoreline, or any inland public recreational area by action or by having installed a physical impediment;
(2) Provide examples of physical impediments that cannot be installed to prevent the public from traversing a public right-of-way, transit area, or public transit corridor; and
(3) Establish minimum fines upon second and subsequent convictions for this offense.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3044, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3044, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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