STAND. COM. REP. NO. 2617

Honolulu, Hawaii

RE:    S.B. No. 2900

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, 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 measure is to:

     (1)  Establish that any county has the power to enforce laws and rules applicable to the use of public streets or highways whose ownership is in dispute between the State and county; and

     (2)  Ensure that the general public retains the right to use public roads whose ownership is in dispute to access coastal and inland recreational areas, including beaches, shores, parks, and trails.

     Comments on this measure were submitted by a Maui County Council member.

     Your Committee finds that this measure will safeguard the public's right to use roadways whose ownership is in dispute between the State and the counties.  As stated in the measure, the counties' enforcement of traffic laws on these roadways will not result in a presumption of county ownership of these roadways.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2900, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair