STAND. COM. REP. NO. 566

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1481

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1481 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to protect residents from obstruction of public access by:

 

     (1)  Amending the offense of obstructing access to public property to include the installment of certain visual impediments; and

 

     (2)  Creating a private right of action to enable a person to enforce the prohibition of access obstruction.

 

     Your Committee received comments on this measure from the Department of Land and Natural Resources and one individual.

 

     Your Committee finds that although public access is protected by state law, development pressure is making it difficult for residents to access beach and shoreline areas.  Although attempts have been made to address the obstruction of public access routes and public access to the shoreline, your Committee believes that further action is necessary to protect public access to beach and shoreline areas for the enjoyment of the State's residents and visitors.

 

     Your Committee has amended this measure by:

 

     (1)  At the Department of Land and Natural Resources' recommendation, clarifying the definition of "public access corridor" to ensure consistency with section 115-5, Hawaii Revised Statutes, to avoid, among other things, the possibility of frivolous civil actions related to unmaintained features that may not legally qualify as a public transit corridor pursuant to section 115-5;

 

     (2)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     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. 1481, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1481, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair