STAND. COM. REP. NO. 775

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1088

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 1088, S.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to create a private right of action to enforce public access to public property in the courts.

 

     This measure also amends the offense of obstructing access to public property to include installing visual and other impediments to intentionally prevent a member of the public from accessing the sea, the shoreline, or an inland public recreational area.

 

     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.  On Oahu, insufficient public access to the shore has prompted multiple studies by State agencies to address conflicts between beachfront property owners and the general public.  Similarly on Maui, coastline development plans have raised the issue of adequate public access to the beach from Paia through Baldwin beaches.  On Kauai, public access routes have not been claimed by either the State or the County and are obstructed, preventing public access to the shoreline.

 

     Your Committee further finds that providing a private right of action to enforce public access will allow communities to enforce laws when the agencies responsible for enforcing public access lack necessary resources or are unresponsive.  This measure also ensures that needless litigation will not occur by requiring that notice an opportunity to cure the violation are given to the violator prior to the filing of a lawsuit.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1088, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1088, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair