HB964

HOUSE OF REPRESENTATIVES	H.B. NO.	964
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRESPASSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that unauthorized loitering or camping near streambanks on state-owned land presents significant risks to public safety, the environment, and the proper management of Hawaii's natural resources. These activities can lead to:

(1) Pollution of waterways, affecting water quality and aquatic ecosystems;

(2) Increased risks to individuals during adverse weather conditions or flooding events;

(3) Disruption of state management activities, including conservation and maintenance efforts; and

(4) Environmental degradation, such as erosion and destruction of vegetation along streambanks.

The purpose of this Act is to authorize law enforcement to remove individuals loitering or camping near state-owned streambanks and establish clear guidelines to protect public and environmental interests.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Unauthorized loitering or camping near state-owned streambanks. (a) It shall be unlawful for any person to loiter or camp within fifty feet of a state-owned streambank unless explicitly authorized by the appropriate state agency.

(b) Law enforcement officers or authorized personnel may remove individuals in violation of this section if the activity:

(1) Poses a risk to public safety, including risks associated with flooding or adverse weather conditions;

(2) Results in pollution or environmental degradation of the stream or surrounding area;

(3) Interferes with state management or maintenance of the stream and its banks;

(4) Damages vegetation or habitats, or contributes to erosion along streambanks; or

(5) Violates any applicable state or local law or ordinance.

(c) Individuals found in violation of this section shall be issued a written notice to vacate and given up to twenty-four hours to comply. If an individual fails to comply with the notice within the specified timeframe, law enforcement may:

(1) Remove the individual and any personal property; and

(2) Store any personal belongings in accordance with the State's abandoned property procedures.

(d) Any individual violating this section may be subject to:

(1) A civil fine not exceeding $500 for each violation;

(2) Mandatory community service focused on environmental restoration or conservation; or

(3) Mandatory participation in mental health services, substance abuse treatment, or other support programs, as deemed appropriate to address any underlying issues contributing to the individual's behavior.

(e) This section shall not apply to:

(1) Individuals authorized by the State to perform conservation, maintenance, or other permitted activities;

(2) Emergency responders or individuals temporarily seeking refuge due to an imminent threat to personal safety; or

(3) Activities expressly permitted by a valid state- or county-issued permit."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to support enforcement, public education, and environmental restoration efforts related to this Act.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________