STAND. COM. REP. NO. 802

Honolulu, Hawaii

, 2023

RE: H.B. No. 364

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 364 entitled:

"A BILL FOR AN ACT RELATING TO TRESPASS,"

begs leave to report as follows:

The purpose of this measure is to authorize and require all state and county law enforcement officers to enforce trespass laws, regardless of jurisdiction, when trespass involves public lands.

Your Committee received testimony in support of this measure from the Hawaii State Public Library System and University of Hawai‘i System. Your Committee received testimony in opposition to this measure from three individuals.

Your Committee finds that jurisdictional uncertainties over who owns a piece of public land can deter a response from law enforcement to remove trespassers. This absence of action by law enforcement can hinder the ability of public agencies in the provision of public services and impact public safety. This measure is intended to remove jurisdictional confusion by authorizing all state and county law enforcement officers to respond to instances of people trespassing on public lands regardless of who owns the land.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 364 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

____________________________

DAVID A. TARNAS, Chair