HB 877: RELATING TO ENCAMPMENTS.

A BILL FOR AN ACT

RELATING TO ENCAMPMENTS.

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

     SECTION 1.  The legislature finds that encampments, including tents, makeshift shelters, and other temporary structures used for habitation, create a complex and pressing problem when close to school grounds.  When close to schools, these encampments can threaten the safety, health, and overall well-being of students, school staff, and surrounding communities.  Encampments can introduce environmental hazards, obstruct public access, and pose public safety concerns.

     The purpose of this Act is to prohibit the erection, placement, construction, or maintenance of an encampment within one hundred feet from the property line of a pre-K-12 public or private school or school facility on public or private property.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

school encampment buffer zone

     §   -1  Definitions.  As used in this chapter:

     "Buffer zone" means one hundred feet from the property line of a pre-K-12 public or private school or school facility on public or private property.

     "Encampment" means a tent, makeshift shelter, or any other temporary structure used for habitation.

     §   -2  Buffer zone; schools.  (a)  No person shall erect, place, construct, or maintain an encampment within a buffer zone of a pre-K-12 public or private school or school facility.

     (b)  Violation of subsection (a) shall be a petty misdemeanor.

     (c)  Nothing in this section shall preclude a person from being charged with a trespassing violation pursuant to chapter 708 or any other violation.

     (d)  The department of education, charter schools, and private schools may collaborate with law enforcement officers to identify and remove encampments within the buffer zone.

     (e)  Law enforcement personnel enforcing this section shall provide information related to temporary housing and homelessness assistance programs to individuals displaced from encampments.

     (f)  Law enforcement personnel shall take the personal belongings of individuals displaced from encampments into custody and store them at the police station or other designated location, to be returned to the individual upon release from custody."

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Encampments; Buffer Zone; Schools; Prohibition

Description:

Prohibits the erection, placement, construction, or maintenance of an encampment within one hundred feet from the property line of a pre-K-12 public or private school or school facility on public or private property.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relatING to encampments.

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

     SECTION 1.  The legislature finds that encampments, including tents, makeshift shelters, and other temporary structures used for habitation, create a complex and pressing problem when close to school grounds.  When close to schools, these encampments can threaten the safety, health, and overall well-being of students, school staff, and surrounding communities.  Encampments can introduce environmental hazards, obstruct public access, and pose public safety concerns.

     The purpose of this Act is to prohibit the erection, placement, construction, or maintenance of an encampment within one hundred feet from the property line of a K-12 public or private school or school facility.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

school encampment buffer zone

     §   -1  Definitions.  As used in this chapter:

     "Buffer zone" means one hundred feet from the property line of a K-12 public or private school or school facility.

     "Encampment" means a tent, makeshift shelter, or any other temporary structure used for habitation.

     §   -2  Buffer zone; schools.  (a)  No person shall erect, place, construct, or maintain an encampment within a buffer zone of a K-12 public or private school or school facility.

     (b)  Any person who violates subsection (a) shall be subject to immediate removal.

     (c)  Nothing in this section shall preclude a person from being charged with a trespassing violation pursuant to chapter 708 or any other violation.

     (d)  The department of education, charter schools, and private schools may collaborate with law enforcement officers to identify and remove encampments within the buffer zone.

     (e)  Law enforcement personnel enforcing this section shall provide information related to temporary housing and homelessness assistance programs to individuals displaced from encampments."

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Encampments; Buffer Zone; Schools; Prohibition

Description:

Prohibits the erection, placement, construction, or maintenance of an encampment within one hundred feet from the property line of a K-12 public or private school or school facility.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  62

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 877

      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. 877 entitled:

"A BILL FOR AN ACT RELATING TO ENCAMPMENTS,"

begs leave to report as follows:

     The purpose of this measure is to prohibit the erection, placement, construction, or maintenance of an encampment within one hundred feet from the property line of a K-12 public or private school or school facility.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Department of Education.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that homeless encampments near school grounds pose significant safety, health, and environmental risks to students, school staff, and the surrounding community.  These encampments, which often consist of tents and makeshift shelters, can obstruct public access, introduce hazardous conditions, and create public safety concerns.  This measure seeks to prohibit the establishment of encampments within one hundred feet of public and private school property, ensuring a safer and more secure environment for students, educators, and other staff.

     Your Committee has amended this measure by:

     (1)  Clarifying the definition of "buffer zone" to include pre-K classrooms and public or private property;

     (2)  Making a violation of the school encampment buffer zone a petty misdemeanor, rather than subjecting violators to immediate removal;

     (3)  Requiring law enforcement personnel to take the personal belongings of individuals displaced from encampments into custody for storage, to be returned to the individual upon release from custody;

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

     (5)  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. 877, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 877, H.D. 1, and be referred to your Committee on Education.

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