Bill Text: HI SB2537 | 2020 | Regular Session | Introduced
Bill Title: Relating To Access To Public Property.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Tuesday 03-17-20 2:05PM in conference room 325. [SB2537 Detail]
Download: Hawaii-2020-SB2537-Introduced.html
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THE SENATE |
S.B. NO. |
2537 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to access to public property.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 115-9, Hawaii Revised Statutes, is amended to read as follows:
"§115-9 Obstructing access to public property; penalty. (a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area;
(3) A public transit corridor; or
(4) A beach transit corridor;
and thereby obstructs access to and along the beach, the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards;
(7) Guard dogs or animals; and
(8) A landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $100 for a first
conviction;
[(1)] (2) $1,000 for a second conviction; and
[(2)] (3) $2,000 for any conviction after a
second conviction.
(e) As used in this section:
"Landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee.
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened to the public for recreational use."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Beach; Shoreline; Public Property; Misdemeanor
Description:
Amends section 115-9 of the Hawaii Revised Statutes to include beaches in the list of public property to which a person may not obstruct access and creates a one hundred dollar penalty for a first conviction of the section.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
