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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1957 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SAFE ENTRYWAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, according to the 2024 point‑in‑time count, the number of individuals experiencing homelessness on Oahu increased by about twelve per cent from 2023 to 2024, with unsheltered homelessness on Oahu rising by one hundred ten per cent over the past twelve years. This increase has resulted in more unsheltered individuals residing in public spaces, especially in urban areas such as public sidewalks, often in front of residential, commercial, and school entrances, thereby obstructing access and creating hazards for kupuna, keiki, persons with disabilities, and individuals with limited mobility.
Maintaining clear and accessible entrances is essential to protecting public safety, preserving access to essential services, and ensuring that all members of the community can safely enter and exit their homes, schools, and places of work.
The purpose of this Act is to establish, for cities with a population of three hundred thousand or more, enforcement procedures to prevent domiciling or storing personal property on public property in a manner that blocks, obstructs, or otherwise impedes ingress or egress to private doorways or entranceways.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Safe
entrances; unlawful domiciling or storage of personal property. (a) In any city with a population of three
hundred thousand or more, no person shall domicile or store personal property
on public property:
(1) In a manner
that blocks, obstructs, or otherwise impedes ingress or egress to a private
doorway or entranceway; or
(2) Within ten feet
of a private doorway or entranceway,
unless
the person intends to immediately access the premises for lawful purposes.
(b) A
person in violation of this section shall remove oneself and all personal
property at least ten feet away from the private doorway or entranceway to
allow ingress or egress to the private doorway or entranceway. When
a person is found in violation, a county law enforcement officer shall:
(1) Issue a verbal
warning, which shall include:
(A) Notice
that the person is unlawfully domiciling or storing personal property in
violation of this section;
(B) Instructions
for the person to move oneself and all personal property at least ten feet away
from the private doorway or entranceway to allow ingress or egress to the
private doorway or entranceway; and
(C) Notice
that failure to make reasonable or measurable efforts to comply with this
subsection within one hour will result in a citation;
(2) Issue an
initial citation if, after one hour from receipt of the verbal warning, the person
has not made reasonable or measurable efforts to comply with this subsection and
continues to violate subsection (a);
(3) Issue a second
citation if, after one hour from the issuance of the initial citation, the
person has not made reasonable or measurable efforts to comply with this subsection
and continues to violate subsection (a); and
(4) Initiate the
county's encampment or obstruction clearance protocol, in accordance with
applicable county standard operating procedures, if the person continues to
violate subsection (a) after one hour from the issuance of the second citation. If the clearance protocol is initiated under
this paragraph:
(A) All
personal property shall be removed within one hour; and
(B) Any
remaining unclaimed property may be removed and disposed of in accordance with
county procedures.
(c) County
law enforcement agencies shall have authority to enforce this section, including
issuing warnings and citations and effecting arrests as authorized by law.
(d) Complaints
regarding individuals domiciling or storing personal property in violation of this
section shall be directed primarily to county law enforcement agencies;
provided that all law enforcement agencies shall work collaboratively to
coordinate enforcement efforts and ensure effective compliance.
(e) This
section shall supplement and shall not replace or preempt any existing state or
county laws, ordinances, or rules prohibiting obstruction, domiciling, or
unlawful storage of personal property on public property adjacent to private doorways
or entranceways. Citations issued
pursuant to this section shall be in addition to any other penalties or
enforcement actions authorized under law.
(f) County
law enforcement officers shall not presume an immediate violation and shall
make reasonable, polite inquiries when responding to complaints or suspected
violations. At each stage of
enforcement, officers shall assess whether the person is making reasonable
efforts to comply, recognizing that some persons may require additional time to
safely remove personal belongings.
(g) For purposes of this section, "private
doorway or entranceway" includes but is not limited to:
(1) Doorways
serving residential spaces, businesses, educational institutions, community
centers, or religious centers;
(2) Doorways of
vacant or unoccupied commercial properties;
(3) Service or
delivery entrances to residential or commercial structures; and
(4) Fire escape
doors, emergency exits, and other designated egress points for buildings or
homes."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Counties; Law Enforcement Officers; Private Entranceways; Obstruction
Description:
Establishes, for a city with a population greater than three hundred thousand, enforcement procedures to prevent domiciling or storing personal property on public property in a manner that blocks, obstructs, or otherwise impedes ingress or egress to private doorways or entranceways.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.