HB 1958

HOUSE OF REPRESENTATIVES
H.B. NO.
1958
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PUBLIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� 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 counties 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 county 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 state
or 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 state's or county's encampment
or obstruction clearance protocol, in accordance with applicable state or 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 state or 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)� Any
remaining unclaimed property may be removed and disposed of in accordance with state
or county procedures.
���� (c)� State
or 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 state or 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)� State
or 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 on July 1, 3000.
Report Title:
Counties;
State; Law Enforcement Officers; Bus Stop Areas
Description:
Establishes,
for a county with a population greater than three hundred thousand, enforcement
procedures to prevent domiciling or storing of personal property on public
property within a bus stop area, if a person does not intend to use the public
transportation services.� Effective
7/1/3000.� (HD1)
The summary description
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not legislation or evidence of legislative intent.