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HB964
HOUSE OF REPRESENTATIVES
H.B. NO.
964
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO TRESPASSING
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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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.
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These activities can
lead to:
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(1)
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Pollution of
waterways, affecting water quality and aquatic ecosystems;
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(2)
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Increased risks to
individuals during adverse weather conditions or flooding events;
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(3)
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Disruption of
state management activities, including conservation and maintenance efforts;
and
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(4)
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Environmental
degradation, such as erosion and destruction of vegetation along streambanks.
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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.
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SECTION 2.
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Chapter 171, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�171-
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Unauthorized
loitering or camping near state-owned streambanks.
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(a)
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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.
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(b)
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Law
enforcement officers or authorized personnel may remove individuals in
violation of this section if the activity:
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(1)
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Poses a risk to
public safety, including risks associated with flooding or adverse weather
conditions;
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(2)
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Results in
pollution or environmental degradation of the stream or surrounding area;
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(3)
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Interferes with
state management or maintenance of the stream and its banks;
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(4)
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Damages
vegetation or habitats, or contributes to erosion along streambanks; or
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(5)
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Violates any
applicable state or local law or ordinance.
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(c)
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Individuals
found in violation of this section shall be issued a written notice to vacate
and given up to twenty-four hours to comply.
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If an individual fails to comply with the notice within the specified
timeframe, law enforcement may:
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(1)
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Remove the
individual and any personal property; and
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(2)
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Store any
personal belongings in accordance with the State's abandoned property
procedures.
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(d)
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Any individual violating this section may be subject to:
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(1)
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A civil fine
not exceeding $500 for each violation;
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(2)
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Mandatory
community service focused on environmental restoration or conservation; or
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(3)
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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.
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(e)
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This section shall not apply to:
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(1)
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Individuals
authorized by the State to perform conservation, maintenance, or other
permitted activities;
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(2)
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Emergency
responders or individuals temporarily seeking refuge due to an imminent threat
to personal safety; or
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(3)
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Activities
expressly permitted by a valid state- or county-issued permit.
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SECTION 3.
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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.
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The sums
appropriated shall be expended by the department of land and
natural resources for the purposes of this Act.
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SECTION 4.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Streambanks;
Loitering; Camping; Removal; Appropriation
Description:
Prohibits
loitering or camping near state-owned streambanks.
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Authorizes law enforcement or authorized
personnel to remove individuals after notice.
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Appropriates funds to support enforcement, public education, and
environmental restoration efforts.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.