The bill modifies Chapter 708 of the Hawaii Revised Statutes and would grant law enforcement broader authority in matters of trespass, which is particularly significant given the diverse interests and historical contexts surrounding land use in Hawaii. A key aspect of SB353 is its assurance that this enforcement does not interfere with the rights of native Hawaiians to exercise traditional practices related to land use for subsistence, cultural, and religious purposes. This clarification seeks to balance the need for law enforcement with respect for indigenous rights under Article XII, Section 7 of the Hawaii State Constitution.
Summary
Senate Bill 353 (SB353) aims to enhance the enforcement of trespass laws specifically concerning public lands in Hawaii. The bill stipulates that law enforcement officers, both state and county, are authorized to enforce trespass laws without distinction between whether the land in question is owned by the state or by a county. This provision is intended to streamline law enforcement’s ability to address trespassing issues on public lands, thereby potentially increasing accountability in preserving these areas.
Contention
While the bill appears straightforward in its intent to bolster enforcement capabilities, there may be underlying tensions regarding how this increased authority could impact local communities and their interactions with law enforcement. Supporters argue that this change is necessary to protect public lands and ensure that trespassing is effectively managed. However, concerns have been raised about the potential for overreach by law enforcement in enforcing these laws and how it might affect the exercise of traditional rights among native Hawaiians. It remains crucial for ongoing discussions to address these sensitivities to ensure that the enactment of this bill does not inadvertently infringe upon established cultural practices.