HB1958

SECTION 1. The legislature finds that, according to the annual Point in Time Count, there were over four thousand individuals experiencing homelessness, with a notable twelve per cent increase in homelessness on Oahu between 2023 and 2024. The State's homelessness crisis continues to grow, particularly on the island of Oahu, where urban Honolulu has seen an increasing number of individuals residing in public spaces. One area of growing concern is the use of public bus stops as locations for domiciling and long-term storage of personal property, transforming essential transit infrastructure into areas of prolonged occupation.

In many instances, bus stops become obstructed by accumulated belongings, displacing transit riders and forcing them to stand in unsafe conditions while waiting for public transportation. Kupuna, keiki, persons with disabilities, and individuals with limited mobility are particularly affected, as they may be unable to safely stand for extended periods or navigate around obstructions. The presence of personal property within bus stops also creates hazards for passengers disembarking from buses, increasing the risk of falls and injury.

The legislature finds that maintaining clear and accessible bus stops is essential to ensuring public safety, preserving the dignity of transit riders, and promoting equitable access to transportation for all residents of the State.

Accordingly, the purpose of this Act is to establish, for cities with a population of three hundred thousand or more, enforcement procedures to prevent the domiciling or storage of personal property on public property within bus stop areas without the intent to utilize the public transportation services.

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 bus stops; unlawful domiciling at bus stop areas. (a) In any city with a population of three hundred thousand or more, no person shall domicile or store personal property on public property within a bus stop area, unless the person intends to use the public transportation services.

(b) A person in violation of this section shall remove oneself and all personal property outside of the bus stop area. 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 outside of the bus stop area; and

(C) Notice that failure to make reasonable or measurable efforts to comply with this subsection within two hours will result in a citation;

(2) Issue an initial citation if, after two hours 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 two hours 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 two hours from the issuance of the second citation. If the clearance protocol is initiated under this paragraph:

(A) The county law enforcement agency shall make reasonable efforts to notify and coordinate with homeless outreach agencies, including the statewide office on homelessness and housing solutions and any similar county office that assists persons experiencing homelessness;

(B) All personal property shall be removed within one hour; and

(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 within bus stop areas. 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:

"Bus stop" means any place at which the county transportation authority has directed the placement of a bus stop sign designating the location where public bus service stops to service passengers.

"Bus stop area" means the area at a bus stop occupying:

(1) The entire width of the sidewalk that extends twenty feet before and after a bus stop sign or bus stop route sign; or

(2) For bus stops furnished with a shelter, the footprint of the shelter, and the entire width of the sidewalk that extends twenty feet before and twenty feet after the footprint of the shelter,

and any area extending away from the street within twenty feet of a bus stop sign or the footprint of the shelter.

"Footprint of a shelter" means the vertical planes, perpendicular to the ground, extending down from the outermost edges of the shelter overhang or roof."

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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1958
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII