Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1442, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to enable the public to easily and safely traverse shoreline areas by requiring each county to adopt ordinances mandating a subdivider or developer to dedicate land for public access by right-of-way or easement to implement lateral public access connecting existing or proposed access points to the shoreline.

The Office of the County Attorney of the County of Kauai and Life of the Land testified in support of this bill. The Department of Land and Natural Resources supported the intent of this measure. The Land Use Research Foundation of Hawaii and the Hawaii Association of Realtors opposed this bill.

Your Committee finds that this bill's provisions will help improve public access to and along the shoreline, but also notes that concerns have been raised about the potential difficulties of implementing lateral public access along shorelines with topographical limitations or other impediments caused by existing adjacent land uses.

Accordingly, your Committee has amended this bill by:

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 H.B. No. 1442, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1442, H.D. 2.