STAND. COM. REP. NO. 1038-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2537

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water, Land, & Hawaiian Affairs, to which was referred S.B. No. 2537, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ACCESS TO PUBLIC PROPERTY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit the obstruction of access to beaches; and

(2) Establish a minimum $100 fine for the first conviction of obstructing access to public property.

Your Committee received testimony in support of this measure from Ho‘okipa Network-Kauai, Hawaii Youth Climate Coalition, Americans for Democratic Action, and ten individuals. Your Committee received comments on this measure from Pono Hawai‘i Initiative, Livable Hawaii Kai Hui, and twenty-one individuals.

Your Committee finds that existing law prohibiting the obstruction of access to public property prevents obstructing access to the sea, shoreline, and inland public recreation areas, but does not prohibit obstructing access to beaches and beach parks. This measure protects public access to beaches by explicitly prohibiting obstructing access to beaches.

Your Committee has amended this measure by:

(1) Adding beach parks to the list of public property where it will be an offense to obstruct access; and

(2) Changing the effective date to July 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2537, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2537, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,

____________________________

RYAN I. YAMANE, Chair