Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Ocean Resources, to which was referred H.B. No. 354 entitled:

begs leave to report as follows:

The purpose of this bill is to repeal the approach taken by Act 50, Session Laws of Hawaii 2004 (Act 50), in addressing the "squatter" situation at parks, beaches, and other areas by deleting the applicability of the criminal trespass law to persons on public property.

The Honolulu Police Department, Office of the Public Defender, American Civil Liberties Union of Hawaii, The Center, Kahaluu United Methodist Church, Honolulu Community Action Program, Inc., Affordable Housing and Homeless Alliance, Gay Liberation Program of the American Friends Services Committee, The Interfaith Alliance Hawaii, Partners In Care, and numerous concerned individuals submitted testimony in support of this bill.

Your Committee finds that the addition of "public property" under Act 50 to the criminal trespass law made its applicability too broad, including banning a person from the public library. A new approach to the "squatter" situation must be designed more thoughtfully.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 354 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.