STAND. COM. REP. NO.  1681-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2900

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2900, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

begs leave to report as follows:

     The purpose of this bill is to clarify jurisdiction over public streets and highways, the ownership of which is in dispute between the State and county.  Specifically, this bill:

     (1)  Authorizes any county to enforce laws and rules applicable to the use of these public streets and highways without claiming their ownership; and

     (2)  Ensures that the general public retains the right to use these public streets and highways to access the shoreline and other public recreational areas.

     The Kauai Group of the Hawaii Chapter of the Sierra Club testified in support of this bill.  The Office of Hawaiian Affairs supported the intent of this measure.

     Your Committee has amended this bill by:

     (1)  Specifying that the bill applies to public streets, roads, and highways;

     (2)  Authorizing any county to repair and provide maintenance of these public streets, roads, or highways without claiming their ownership; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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. 2900, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2900, S.D. 1, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair