THE SENATE	S.B. NO.	2315
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to the department of the attorney general.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that an understanding of the scope of Hawai‘ian shoreline public access rights law in the State of Hawai‘i is critical to the fair and even-handed application of relevant law by the legal staff of the department of the attorney general.

Further, the executive departments, boards, and commissions are obligated to properly apply the law of the State of Hawai‘i, including shoreline public access rights, on matters relevant to their executive and administrative decision making. Therefore, it is desirable for the State of Hawai‘i to provide such legal advice utilizing deputy attorneys general with the appropriate educational background and training in the Hawai‘ian language and Hawai‘ian culture.

SECTION 2. There is established in the department of the attorney general a division dedicated exclusively to providing legal advice to the governor, executive departments, boards and commissions, and the legislature, or its members, regarding Hawai‘ian shoreline public access rights.

SECTION 3. The division established pursuant to section 2 shall have a staff of at least three deputy attorneys general with at least four years of formal education in the Hawai‘ian language and Hawai‘ian culture. The division shall also have one or more staff members who have at least a baccalaureate degree in Hawai‘ian studies, Hawai‘ian history, or the equivalent to assist the division's attorneys.

SECTION 4. Beginning with the 2019-2020 fiscal year, the department of attorney general shall request as a separate line item in the budget the sum of $400,000 or so much thereof as may be necessary to fund the annual operating costs of the division established pursuant to section 2.

SECTION 5. For purposes of this Act, the term "Hawai‘ian shoreline public access rights" shall include the traditional Hawai‘ian rights to gather firewood, house timber, aho cord, thatch, and ki leaf; to access drinking water and running water; to have right of way to the ocean and shoreline; any other such rights so recognized; and any related or similar rights.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Department of the Attorney General; Hawaiian Shoreline Public Access Rights

Description:

Creates a division within the Department of the Attorney General to provide legal advice regarding Hawaiian shoreline public access rights.

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