THE SENATE

S.B. NO.

471

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to living ACCOMMODATIONS.

 

 

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

 


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) Violation of this section is a petty misdemeanor.

(c) 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, such as 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.

(d) 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 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 2023-2024 and the same sum or so much thereof as may be necessary fiscal year 2024-2025 for the establishment of a drop off center.

The sums 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 governor to establish safe zones for homeless persons on lands to be designated by the governor.

SECTION 5. (a) No later than December 31, 2023, the governor shall establish safe zones, in which homeless persons may reside, on lands to be designated by the governor.

(b) The governor may:

(1) Contract with a public or private agency to operate the safe zones; and

(2) Delegate the duties established pursuant to this section to an executive agency.

(c) A designated agency shall assess, coordinate, and refer those residing in a safe zone to appropriate 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 2023-2024 and the same sum or so much thereof as may be necessary fiscal year 2024-2025 for the establishment of safe zones for homeless persons and expenses related to facility construction, provision of services, staffing, and administrative costs.

The sums appropriated shall be expended by the office of the governor for the purposes of this Act.

PART III

SECTION 7. 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 8. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that sections 3 and 6 of this Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

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Report Title:

Illegal Camping; Prohibition; Homelessness; Safe Zones; Drop Off Center; Judiciary; Appropriation

 

Description:

Prohibits camping in public areas that are not designated as camping locations by the State or a county. Allows the court to order participation in homeless services in lieu of prosecution or sentencing. Requires the Governor to establish safe zones for homeless persons. Makes appropriations.

 

 

 

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