Hawaii 2023 Regular Session

Hawaii House Bill HB364

Introduced
1/20/23  
Refer
1/25/23  
Report Pass
3/2/23  
Engrossed
3/3/23  
Refer
3/9/23  
Report Pass
3/16/23  
Refer
3/16/23  
Report Pass
4/4/23  
Enrolled
4/28/23  
Chaptered
7/6/23  

Caption

Relating To Trespass.

Impact

The passage of HB 364 will have implications on the enforcement of trespass regulations in Hawaii. By allowing law enforcement officials greater authority to address trespass issues on public lands, the bill aims to enhance the state's ability to manage and protect those lands effectively. However, it also anticipates potential challenges related to the preservation of cultural and historical rights of Native Hawaiians, which could arise from increased law enforcement activity. Ensuring these rights remain intact while enhancing enforcement capabilities is a delicate balance that the legislation tries to achieve.

Summary

House Bill 364 seeks to clarify the enforcement of trespass laws on public lands in Hawaii. The bill stipulates that both state and county law enforcement officers may enforce trespass laws without consideration of land ownership between the State and counties. This provision intends to streamline enforcement actions related to trespass, thereby allowing law enforcement to take a more unified approach to such issues on public lands. Additionally, the bill includes specific language that ensures that it does not alter existing rights and privileges of the Native Hawaiian people, thus indicating an awareness of the unique social dynamics at play regarding land use in Hawaii.

Sentiment

The sentiment surrounding HB 364 appears to be cautiously supportive, particularly amongst law enforcement agencies who may welcome clearer enforcement protocols on public land. However, some advocates for Native Hawaiian rights may express concerns about the implications of enhanced law enforcement authority, fearing it may lead to increased conflicts between law enforcement and community members regarding land use. The dialogue surrounding the bill suggests a recognition of the need for both effective regulation and cultural sensitivity.

Contention

A notable point of contention raised during discussions of HB 364 centers on the rights of the Native Hawaiian people. While the bill explicitly states that it will not diminish those rights, critics worry that increased trespass enforcement could lead to more confrontations and potential criminalization of cultural practices related to land. There is a broader concern about maintaining the respect for traditional land use while still providing robust law enforcement options to protect public lands from unauthorized trespass.

Companion Bills

HI SB353

Same As Relating To Trespass.

Similar Bills

HI SR195

Urging The City And County Of Honolulu To More Vigorously Enforce Existing Trespass Laws.

HI SCR202

Urging The City And County Of Honolulu To More Vigorously Enforce Existing Trespass Laws.

WV HB4273

Related to fines for trespassing

HI SB128

Relating To Trespass.

UT SB0055

Unauthorized Use of Real Property Amendments

UT HB0126

Unauthorized Use of Residential Real Property Modifications

HI HB1355

Relating To Civil Trespass.

HI HB1355

Relating To Civil Trespass.