STAND. COM. REP. NO. 61

Honolulu, Hawaii

, 2025

RE: H.B. No. 1486

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1486 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC ORDER,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Make it a disorderly conduct offense to remain or loiter within twenty feet of a bus stop with no intent to utilize any bus service;

(2) Authorize law enforcement officers to immediately remove any person committing the offense, including confiscating any of their personal property and determining if the confiscated property is to be saved or discarded; and

(3) Appropriate funds to the counties for enforcement.

Your Committee received testimony in support of this measure from the Office of the Mayor of the City and County of Honolulu; Honolulu Police Department; and five individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual.

Your Committee finds that Hawaii's homelessness crisis has reached a critical point, creating safety concerns for the general public. A growing issue is the use of bus stops as makeshift residences, where individuals occupy entire shelters and store personal belongings, leaving little to no space for riders. This not only displaces commuters, especially kupuna and those with mobility issues, but also poses hazards for those boarding or exiting buses. To ensure public safety and accessibility, this measure seeks to prohibit loitering near bus stops without intent to use transit, empower law enforcement to address obstructions, and provide necessary funding to enforce these measures.

Your Committee notes the concerns regarding the constitutionality of certain provisions in this measure and requests the Department of the Attorney General to examine this issue further should your Committee on Judiciary & Hawaiian Affairs choose to deliberate on this measure.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 3000, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1486, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1486, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,

____________________________

LISA MARTEN, Chair