STAND. COM. REP. NO. 745

Honolulu, Hawaii

RE: S.B. No. 353

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 353, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRESPASS,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that when trespass involves public land, all state and county law enforcement officers are authorized to and shall enforce trespass laws, without regard to whether the land is owned by the State or by a county.

Your Committee received testimony in support of this measure from the Hawai‘i State Public Library System and University of Hawai‘i System. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that jurisdictional uncertainties have limited cooperation between county and state law enforcement officers to effectively remove trespassers from public property. This measure will make it clear that either state or county law enforcement can enforce trespass violations regardless of which governmental entity owns or controls a parcel of public land.

Your Committee has amended this measure by:

(1) Adding language that specifies that this measure shall not affect native Hawaiian traditional and customary rights as set forth in the Hawaii State Constitution;

(2) Making it effective upon its approval; 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 that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 353, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 353, S.D. 2.

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

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KARL RHOADS, Chair