SB471 SD1

PART I

SECTION 1. The purpose of this part is to prohibit camping in public areas that are not designated as camping locations by the State or a county.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708- Unauthorized camping on public property. (a) No person shall camp on public property that is not designated as a location for camping by the State or any county after a request to leave is made by any law enforcement officer.

(b) Any person in violation of this section shall be guilty of a violation subject to a fine of not less than $50, except that any person who violates this section within three months of a prior conviction under this section shall be guilty of a petty misdemeanor.

(1) There are no safe zones designated by the county or State within five miles of the area in which overnight stays from 7:00 p.m. to 7:00 a.m. by individuals are prohibited; or

(2) The person has no access to the person's residence or a shelter due to a state of emergency declared pursuant to section 127A-14.

(d) The court may order participation in homeless services in lieu of prosecution or sentence, including:

(1) Referral to a drop off center for individuals who appear to be in clear or questionable mental health distress; provided that the drop off center shall assess the individual, provide any crisis stabilization needed, and connect the individuals with follow-up services in the community, including case management and in-patient treatment;

(2) Relocation programs, which may provide transportation to locations where support may be provided; and

(3) Placement in an emergency or transitional shelter via the homeless programs office of the department of human services.

(e) For the purposes of this section:

"Camp" or "camping" means the use of a public area for living accommodation purposes, including:

(1) Using a tent, shelter, other structure, or vehicle for a living accommodation;

(2) Storing personal belongings for an extended period of time;

(3) Making a campfire;

(4) Eating; and

(5) Sleeping.

"Law enforcement officer" has the same meaning as defined in section 710-1000.

"Public property" means any area or facility owned by or under the control, maintenance, and management of the State or any of the counties.

"Shelter" shall include but not be limited to any tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of a drop off center.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

PART II

SECTION 4. The purpose of this part is to require the counties or State to establish safe zones for homeless persons on lands to be designated by the county or State.

SECTION 5. (a) No later than December 31, 2024, each county or the State shall establish safe zones, in which homeless persons may reside, on lands to be designated by the county or State.

(b) In designating a safe zone, the county or State may collaborate with private landowners and contract with public and private organizations to operate the safe zones.

(c) The statewide office on homelessness and housing solutions shall assess, coordinate, and refer those residing in a safe zone to appropriate resources and make available wrap-around supports and community resources along the entire continuum of care with the goal of reducing the number of persons experiencing homelessness across the State.

(d) The State shall not be liable for any injury, damage, conduct, or unlawful activity that may occur as a result of establishing or operating a safe zone pursuant to this section.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of safe zones.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

PART III

SECTION 7. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 8. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 9. New statutory material is underscored.

SECTION 10. This Act shall take effect on December 31, 2050; provided that sections 3 and 6 of this Act shall take effect on July 1, 2024.

THE SENATE	S.B. NO.	471
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII