HOUSE OF REPRESENTATIVES	H.C.R. NO.	294
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting the city and county of honolulu department of transportation services, in collaboration with other agencies, to assist in resolving issues related to homeless living in abandoned vehicles.

     WHEREAS, residents and businesses have complained about homeless individuals living in abandoned vehicles; and

     WHEREAS, some of these individuals reportedly have dogs and cats living with them in these vehicles; and

     WHEREAS, this presents a health and safety hazard to surrounding residents and businesses, particularly when there is broken glass, vehicle parts, and food scraps littering the area; and

     WHEREAS, there has also been an ongoing problem with abandoned vehicles on Queen Street in Honolulu, in particular, an area near 945 Queen Street, and some of these abandoned vehicles are occupied by homeless individuals; and

     WHEREAS, it is unclear whether the City and County of Honolulu (C&C of Honolulu), State, Hawaii Community Development Authority (HCDA), or a private entity, has jurisdiction over the area near 945 Queen Street; and

     WHEREAS, HCDA reportedly was to take over control over a portion of the land in question, which reportedly was previously owned by a private individual; and

     WHEREAS, in addition to the jurisdictional issue, it is also unclear whether a vehicle is considered "abandoned" when occupied by homeless individuals; and

     WHEREAS, Chapter 290, Hawaii Revised Statutes (HRS), identifies an abandoned vehicle, if not defined by county ordinance, as one "left unattended for a continuous period of more than twenty-four hours and it is unlawfully parked on any public highway or other public property or private lands defined as a setback, shoulder, easement, or right of way that is adjacent to or part of a public highway"; and

     WHEREAS, the combined issues of jurisdiction and classification of an "abandoned vehicle" make it unclear as to how homeless individuals living in vehicles should be dealt with to keep communities healthy and safe; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the C&C of Honolulu Department of Transportation Services, in collaboration with the C&C of Honolulu Department of Customer Services, state Department of Transportation, and Hawaii Public Housing Authority, is requested to determine:

     (1)  Who has jurisdiction over the land near 945 Queen Street; and

     (2)  Methods to regulate or prohibit homeless living in abandoned vehicles, including the possibility of clarifying laws pertaining to "abandoned vehicles" under Chapter 290, HRS;

and

     BE IT FURTHER RESOLVED that C&C of Honolulu Department of Transportation Services is requested to submit a report to the Legislature on its findings and recommendations, including any suggested legislation, no later than 20 days prior to the convening of the Regular Session of 2010; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Transportation Services, Director of Customer Services, Director of Transportation, and Executive Director of the Hawaii Public Housing Authority.

OFFERED BY:

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Report Title: 

Homeless in Abandoned Vehicles