STAND. COM. REP. NO. 2886

Honolulu, Hawaii

RE: S.B. No. 2501

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2501, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HOMELESSNESS,"

begs leave to report as follows:

The purpose and intent of this measure is to establish safe zones for homeless persons.

Specifically, this measure:

(1) Requires the Department of Human Services to establish safe zones where homeless persons may reside in the State;

(2) Establishes requirements for, and permissible behavior at, safe zones;

(3) Requires that safe zones operate until the Legislature determines that homelessness is no longer a crisis in the State; and

(4) Appropriates funds for safe zones.

Your Committee received written comments in support of this measure from the Governor's Coordinator on Homelessness; OCC Legislative Priorities Committee, Democratic Party of Hawaii; IMUAlliance; Hoomanapono Political Action Committee; and one individual.

Your Committee received written comments in opposition to this measure from the Department of Human Services and Department of Land and Natural Resources.

The Hawaii Association for Justice submitted written comments on this measure.

Your Committee finds that safe zones are one of the many innovated ways to address homelessness and designate locations where individuals have a temporary yet safe place to reside until obtaining more permanent housing.

Your Committee notes that this measure requires the Department of Human Services to maintain and operate safe zones until the Legislature determines that homelessness is no longer a crisis in the State. However, the procedure by which the Legislature will determine that homelessness is no longer a crisis is not clearly defined in the measure. Additionally, this measure absolves the State from liability but does not specify whether the limitation on liability applies only to claims against the State brought by residents of safe zones or whether it includes other persons, such as visitors to the safe zones or public employees and contractors who perform work-related functions at safe zones. Your Committee has passed this measure with an effective date of July 1, 2050, so that these issues may be addressed as this measure moves through the legislative process.

Your Committee has amended this measure by making a technical nonsubstantive amendment for the purpose of clarity.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2501, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2501, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair