STAND. COM. REP. NO.3127

Honolulu, Hawaii

, 2002

RE: H.B. No. 2315

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2315, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE OBSTRUCTION OF INGRESS OR EGRESS,"

begs leave to report as follows:

The purpose of this measure is to clarify the law regarding refusal to provide ingress or egress to persons or vehicles lawfully seeking entry or departure into or from a specific location.

Testimony in support of this measure was received from the Honolulu Prosecuting Attorney, ILWU Local 142, and an individual.

Chapter 852, Hawaii Revised Statutes (HRS), relating to refusal to provide ingress or egress, was originally enacted by Act 9, Special Session Laws of Hawaii 1949, and was last amended by Act 9, Session Laws of Hawaii 1972. This measure clarifies the law to conform with existing style and provides a definition of "law enforcement officer", to replace the phrase "police or other peace officer".

Your Committee believes that the offense described in this measure should not be applicable when obstruction of ingress or egress involves labor disputes at places of employment. Your Committee notes that Chapter 377, HRS, provides a comprehensive scheme of labor dispute regulation, with its own prohibitions and penalties.

Your Committee has amended this measure by:

(1) Adding a new section to chapter 852, HRS, to exempt labor disputes involving obstruction of ingress or egress at any place of employment; and

(2) Changing the subsection and paragraph designations to conform to drafting style of statutes that are not within the penal code.

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 H.B. No. 2315, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2315, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN KANNO, Chair