STAND. COM. REP. NO. 94-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1581

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.B. No. 1581 entitled:

"A BILL FOR AN ACT RELATING TO HOMELESSNESS,"

begs leave to report as follows:

The purpose of this measure is to help ensure that homeless service providers are able to administer homeless services in a timely manner by:

(1) Requiring the Governor's Coordinator on Homelessness to collect and maintain a database of private property owners who give prior consent for homeless service providers to enter an owner's private property, for purposes of administering homeless services to a homeless individual located on that private property; and

(2) Exempting homeless service providers from civil and criminal liability that may result from the administration of homeless services.

Your Committee received testimony in support of this measure from the National Association of Social Workers - Hawai‘i, Hawai‘i Psychological Association, Kealahou West Oahu, and Hawai‘i Health and Harm Reduction Center. Your Committee received comments on this measure from the Governor's Coordinator on Homelessness and Department of Budget and Finance.

Your Committee finds that addressing homelessness in the State requires several approaches, including the timely administration of appropriate housing and human services. Your Committee further finds that if homeless individuals are on private property, a homeless service provider must first obtain permission from the private property owner before entering the property to provide housing and human services. This measure reduces the delay in the provision of services to homeless individuals located on private property by establishing a database of private property owners who have granted prior consent for homeless services providers to enter their property for the administration of homeless services.

Your Committee has amended this measure by:

(1) Limiting the exemption for homeless service providers to an exemption from any civil liability resulting from trespass rather than a broad exemption from civil and criminal liability;

(2) Changing the effective date to July 1, 2060, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1581, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1581, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair