THE SENATE	S.B. NO.	183
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to concurrent jurisdiction.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Hawaii and the United States currently have concurrent jurisdiction over properties controlled or owned by the United States for defense or Coast Guard purposes pursuant to the Admission Act of 1959 and State v. Thomas, 8 Haw. App. 497, 810 P.2d 668 (1991).  The purpose of this Act is to cede concurrent legislative jurisdiction to the United States as to specific property for defense purposes, which has already been acquired by or for the United States Department of the Navy after the Admission Act of 1959, to achieve uniformity in the jurisdiction of the Navy's land in Hawaii and to allow reciprocal law enforcement authority over those lands.

     SECTION 2.  Section 1-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§1-4.5[]]  Cession of concurrent jurisdiction.  (a)  Notwithstanding the provisions of any other law, the State of Hawaii hereby cedes concurrent legislative jurisdiction to the United States over the lands and improvements located in the State presently owned or hereafter acquired, whether acquired by condemnation or otherwise, leased, occupied, or controlled by or for the United States Department of Justice, or any of its component agencies or bureaus, for correctional purposes.

     (b)  Notwithstanding the provisions of any other law, the State of Hawaii hereby cedes concurrent legislative jurisdiction to the United States over the lands and improvements located in the State presently owned, whether acquired by condemnation or otherwise, by or for the United States Department of the Navy, or any of its component agencies or bureaus, for defense purposes, for lands identified by tax map key numbers 4-8-14:6, 9-1-10:11, 9-1-10:15, 9-1-10:16, 9-7-18:3, 9-7-18:10, 9-7-18:19, 9-9-71:45, 9-9-01:08, 9-9-01:12, 4-1-2-02:11, 4-1-2-02-12, 4-1-2-02:15, 7-1-01-28, 7-1-01:39, 7-1-1:40, 7-1-01:41, 7-1-01:42, 7-1-01:43, 7-1-01-44, 7-1-02:35, 7-1-02:36 and portions of 7-1-02-05, 7-1-02:09, 7-1-02:31, 7-1-02:32, and 7-1-02:33, and the portion of Lehua avenue situated at Waimano and Manana, Ewa, Oahu, Hawaii, as described in the deed of conveyance filed December 17, 1965, in the bureau of conveyances beginning at liber 5212, page 348.

     [(b)] (c)  Cession of concurrent legislative jurisdiction, in accordance with [subsection (a),] subsections (a) and (b), shall only take effect upon the acceptance of such jurisdiction by the United States.  The concurrent legislative jurisdiction so ceded shall end as to any such lands, improvements, or such portions thereof, that cease to be owned, leased, occupied, or controlled by or on behalf of the United States for correctional or defense purposes.

     (d)  Other than for defense purposes, the State of Hawaii retains concurrent legislative jurisdiction, both civil and criminal, with the United States over all lands specified in subsections (a) and (b)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Concurrent Legislative Jurisdiction; Land; United States Navy

 

Description:

Cedes concurrent legislative jurisdiction to the United States over certain lands acquired by the United States Navy after statehood for defense purposes.  Creates uniformity of jurisdiction over all United States Navy land in Hawaii.

 

 

 

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