STAND. COM. REP. NO. 2032-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2363

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2363, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

The purpose of this measure is to authorize the counties to close or restrict the public use of any property under the county's management or control when necessary to protect public health, ensure public safety, or preserve natural or cultural resources.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Department of Facility Maintenance of the City and County of Honolulu. 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 and two individuals.

Your Committee finds that county agencies frequently face hazardous conditions requiring prompt action to protect public safety, including flooding, wildfire risk, landslides, erosion, contamination, and similar threats. Your Committee further finds that many county-managed lands contain culturally significant sites, fragile ecosystems, and natural resources that warrant protection from damage caused by overuse, trespassing, illegal dumping, or unsafe activities. This measure would provide counties with clear statutory authority to restrict access when necessary, reducing legal uncertainty and strengthening their ability to respond and protect these lands for present and future generations.

Your Committee has amended this measure by:

(1) Requiring the county to consult with Native Hawaiian organizations, including the Office of Hawaiian Affairs, the relevant island burial council, and the relevant aha moku advisory committee, before implementing a closure, or as soon thereafter as practicable, to minimize adverse impacts to the exercise of traditional and customary practices in the area; and

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

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 S.B. No. 2363, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2363, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair