THE SENATE	S.B. NO.	1358
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to permits.

 

 

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

 

     SECTION 1.  The legislature finds that the right to peaceably assemble and peacefully protest are valuable and vital components of public engagement in the State.  The right to assemble and protest are not absolute, however.  Oftentimes participants at protests ignore traffic signs or block traffic in an unsafe manner.  The right of demonstrators to assemble and express their position must be fairly and justly balanced against the government's interest in providing for the safety and security of the public.

     The purpose of this Act is to encourage any person engaging in any protest to obey existing laws and not obstruct traffic.

     SECTION 2.  Section 711-1105, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1105  Obstructing.  (1)  A person commits the offense of obstructing if, whether alone or with others and having no legal privilege to do so, the person knowingly or recklessly:

    (a)   Obstructs any highway or public passage; or

    (b)   Provides less than thirty-six inches of space for passage on any paved public sidewalk.

     (2)  A person in a gathering commits the offense of obstructing if the person refuses to obey a reasonable request or order by a law enforcement officer:

    (a)   To move to prevent or to cease any activity prohibited under subsection (1); or

    (b)   To move to maintain public safety by dispersing those gathered in dangerous proximity to a public hazard.

     (3)  An order to move under subsection (2)(a), addressed to a person whose speech or other lawful behavior attracts an obstructing audience, is not reasonable if the obstruction can be readily remedied by police control.

     (4)  A person is not guilty of violating subsection (1) solely because persons gather to hear the person speak or because the person is a member of such a gathering.

     (5)  Obstructing is a petty misdemeanor if the person persists in the conduct specified in subsection (1) after a warning by a law enforcement officer; otherwise it is a violation[.] subject to a fine of $100 in addition to any other penalties."

     SECTION 3.  For any permit or special use permit for a parade, public gathering, protest, or activity:

     (a)  The department of accounting and general services, the department of transportation, the police department of the respective county, and any other agency or organization that has responsibility for the issuance of permits for parades, public gatherings, protests, or other activities shall require, along with a completed application, an attestation from the permittee that during the protest or activity all laws will be obeyed, including all traffic laws, that vehicular traffic will not be hindered, obstructed, or delayed for the duration of the protest or activity, and that any participant in the protest or activity who obstructs traffic will be in violation of section 711-1105, Hawaii Revised Statutes.

     (b)  Any permit for a protest or other activity shall require approval by:

     (1)  The department to whom the application is submitted;

     (2)  A representative from the county in which the protest or activity is to take place; and

     (3)  The chief of police of the respective county.

     (c)  For the purpose of this section:

     (1)  "Activity" means the occupation, use or participation in any endeavor other than a parade that requires the exclusive use of streets as defined in section 15-2.23, Revised Ordinances of Honolulu.

     (2)  "Chief of police" means the chief of police of the city, or the chief's authorized subordinate.

     (d)  The department of accounting and general services, the department of transportation, the police department, and any other agency shall adopt rules pursuant to section 91, Hawaii Revised Statutes, or adopt ordinances, as applicable, to provide for the enforcement of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Permits; Department of Accounting and General Services; Department of Transportation

 

Description:

Requires an applicant for a permit for a protest or activity to submit an attestation that all law, including traffic laws, will be obeyed.  Any permit application requires approval from the department, the county, and the police.  Amends the offense of disorderly conduct to include a fine of $100 for obstruction.

 

 

 

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