Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1828, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit urinating and defecating in public places.

Testimony in support of this measure was submitted by the City and County of Honolulu's Downtown Neighborhood Board number thirteen, Chinatown Merchants Association, Fort Street Business Improvement District Association, Hawaii Theatre Center, and four individuals. Testimony in opposition to this measure was submitted by the Honolulu Police Department. Comments were also submitted by the Office of the Public Defender.

Your Committee finds that urinating and defecating in public has become increasingly common in Hawaii. These behaviors are vile, create health risks stemming from human waste, and discourage people from patronizing establishments in the area because of the smell and unsightliness. Currently there are no laws that make these acts illegal. However, your Committee believes that this measure will deter many from urinating and defecating in public and equip law enforcement with a tool to penalize individuals that continue to urinate and defecate in public.

Your Committee adopted the amendments suggested by the Honolulu Police Department by:

Your Committee further amended this measure by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1828, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1828, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.