HOUSE OF REPRESENTATIVES	H.B. NO.	826
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to the state traffic code.

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

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C-     Human habitation in cars. (a) Notwithstanding any law to the contrary, a person may use any vehicle for the purposes of human habitation if the vehicle is parked in a public parking lot operated by a state department between the hours of 6:00 p.m. and 6:00 a.m., or during hours as otherwise designated by the appropriate departmental director so as not to interfere with the parking lot's open hours for the general public; provided that:

(1) The vehicle enters and exits the parking lot in accordance with the hours designated by this section;

(2) Each person within the vehicle has registered with departmental staff or other personnel authorized by the appropriate departmental director upon entering the parking lot; and

(3) No person within the vehicle engages in any cooking, including on a grill or hibachi, while in the parking lot during the hours designated by this section.

(b) In any public parking lot operated by a state department in which human habitation in a vehicle is allowed pursuant to subsection (a), the department operating the parking lot shall:

(1) Ensure at least one gate to the parking lot remains unlocked at all times; and

(2) Ensure the public parking lot is monitored by department staff or other personnel authorized by the appropriate departmental director,

during the hours established by subsection (a).

(c) Nothing in this section shall be construed to exempt any person from any applicable state, county, or federal laws, rules, or regulations relating to general prohibitions applicable to all public parking lots operated by a state department."

SECTION 2. Section 291C-112, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [No] Except as provided in section 291C-   , no person shall use any vehicle for purposes of human habitation, whether or not the vehicle is designed or equipped for that purpose, while the vehicle is parked on any roadway, street, or highway or other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private property without authorization of the owner or occupant authorizing both the parking of the vehicle there and its use for purposes of human habitation."

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

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

State Traffic Code; Vehicles; Human Habitation; State Operated Public Parking Lots

Description:

Permits the use of a vehicle for the purposes of human habitation in any public parking lot operated by a state department, subject to certain conditions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.