Communication No. 2017-08- Access Group Notes August

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Communication no. 2017-8 ❖ Kohala Waterfront ➢ NSTR - Need update from county planning department. ❖ Rails to Trails ➢ NSTR. ❖ New Items ➢ Jack will talk about the access group status at out next meeting. ➢ HRS 708-814 (criminal trespass) and Senate Bill 895 (amending HRS 708-814) Debbie Chang gave presentation. ■ Purpose of this bill. o The intent of this bill was to stop squatting by the homeless on public land, & agriculture theft & trespassing. ■ What existing laws say & what was approved this year. o This is an existing law." Section 28-2 H.R.S. provides, "The attorney general shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence." and "...the attorney general shall likewise be diligent in prosecuting all persons who may obstruct any street, channel, harbor, wharf, or other highway, etc." o Senate Bill 895 (which authorizes the posting of no trespassing signs on unfenced or unenclosed government, agricultural lands) was approved in this year's legislative session. It does state that Native Hawaiian traditional and customary rights will not be affected by this law. o By including unfenced or unenclosed government, agricultural lands, the bill is making it possible to post no trespassing signs on lands containing old government roads and public trails. The law (HRS 708-814) makes it "criminal trespassing" to ignore the no trespassing signs. ■ What the State's Attorney General (AG) & Suzanne Case said? They indicate that no private landowner has the right to block old government roads and government-owned trails. They do not know of any problems where the public is being stopped from using old government roads or government owned trails. Lingering questions: what are the best ways to get answers to these questions? o Legislators or a core group of legislators should ask the attorney general to address the lingering questions in the annual report required of the AG. ■ How does a citation for criminal trespass show up in a background check? o It is a criminal trespass in the 2nd degree offense. ■ Should the law clearly exempt Native Hawaiian rights & public rights to access government-owned trails and roads? o Can a non -Native Hawaiian be arrested for trespassing if he/she is accompanying a Native Hawaiian who is exercising his/her gathering rights? ■ Should the "no trespassing" signs be required to include what the exemptions are? ■ If the law is not clarified, will people have to go through the court process (hire attorneys etc.) to defend themselves if they are arrested for if using a public trail or road? ■ If a known public trail needs to be surveyed to determine its actual location, can the surveyors be cited for criminal trespass (if a private landowner doesn't give permission for the public trail to be surveyed)? ❖ Next meeting ➢ September 6„ 2017 starting 4:30pm at Hisaoka Gym arts room. Page 1 2