Bill Text: HI SB2562 | 2016 | Regular Session | Introduced
Bill Title: State Property Cleanup Program; Sheriff Patrol Program; Appropriation ($)
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2016-03-10 - Referred to JUD, FIN, referral sheet 26 [SB2562 Detail]
Download: Hawaii-2016-SB2562-Introduced.html
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THE SENATE |
S.B. NO. |
2562 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The purpose of this part is to provide for the removal from state real property of debris deposited by occupants of illegal encampments.
More specifically, this part requires the department of accounting and general services to establish a temporary program for removal of debris and litter from state real property after the departure of homeless persons who had illegally camped or lodged there. The program encompasses state real property under the control and management of the department of accounting and general services and other real property of state agencies, including the judiciary, that choose to participate in the program.
The legislature intends that the temporary program take a consolidated approach to cleaning state real property after the departure of homeless persons. At present, many different state agencies control and manage state real property. The legislature finds that consolidating cleanup efforts should result in efficiencies and cost savings to the State.
The legislature also intends that the temporary cleanup program under this part should be operated in conjunction and coordination with the temporary sheriff patrol program under part II.
The legislature further intends to later evaluate the temporary program to determine whether it should be extended, permanently established, or allowed to terminate.
SECTION 2. Temporary cleanup program; establishment, operation. The department of accounting and general services shall establish a temporary program to clean state real property of debris and litter after the departure of homeless persons who had illegally camped or lodged on the state real property.
The department of accounting and general services may:
(1) Operate the program directly; or
(2) Enter into a memorandum of agreement with a county agency to perform the cleanup on behalf of the department of accounting and general services.
The department of accounting and general services shall operate the temporary cleanup program in conjunction and coordination with the temporary sheriff patrol program under part II.
SECTION 3. State real property subject to temporary program. (a) The temporary program shall encompass state real property:
(1) Under the control and management of the department of accounting and general services; or
(2) Under the ownership, control, or management of any other state agency that enters into a memorandum of agreement with the department of accounting and general services to participate in the temporary program. For the purpose of this paragraph, "state agency" includes the judiciary, but not the office of Hawaiian affairs.
(b) Nothing in this part shall prohibit a state agency from engaging in the cleanup of its own state real property and refraining from participating in the temporary program.
SECTION 4. No charge to other state agencies. For the duration of the temporary program, the department of accounting and general services shall not charge any participating state agency for the cleanup of the state real property under the ownership, control, or management of the state agency.
SECTION 5. Temporary program; planning and preparation, commencement, termination. (a) Beginning on July 1, 2016, the department of accounting and general services shall plan and prepare to implement the temporary cleanup program established by this part.
(b) Beginning on January 1, 2017, the department of accounting and general services shall commence implementing the temporary program in accordance with this part.
Subject to the availability of funds for fiscal year 2017-2018 and fiscal year 2018-2019, the department of accounting and general services shall implement and operate the temporary program until December 31, 2018. The temporary program shall terminate on December 31, 2018.
SECTION 6. Appropriation. There is appropriated out of the general revenues of the State of Hawaii the sum of $550,000 or so much thereof as may be necessary for fiscal year 2016-2017 as follows:
(1) $50,000 to be expended from July 1, 2016, to December 31, 2016, for planning and preparation for implementation of the temporary program to clean state real property established under this part; and
(2) $500,000 for implementation and operation of the temporary program.
The sum appropriated shall be expended by the department of accounting and general services for the purposes of this part.
SECTION 7. Report, recommendation. No later than twenty days prior to the convening of the regular session of 2018, the department of accounting and general services shall submit a report to the legislature regarding the implementation of the temporary program, including a recommendation to extend the temporary program, permanently establish the program, or allow the program to terminate.
If the department of accounting and general services recommends that the program be permanently established, the report shall include the:
(1) Projected annual cost of operating the permanent program;
(2) Number and type of positions needed for the permanent program; and
(3) Method proposed to deliver the program's consolidated cleanup services, whether by the department itself, another state agency, contract with a county, or contract with a private entity.
PART II
SECTION 8. The legislature finds that laws and rules should be enforced. If not, violators start to realize that there are no consequences to the violations. This realization may lead violators to become more brazen and continue the violations, or embolden them to violate other more serious laws and rules. The result is detrimental to public safety and should not be tolerated.
The legislature recognizes that many violators of laws prohibiting trespassing, camping, or being present after closing hours on state real property require health, social, or housing services, rather than incarceration. The legislature intends to provide for the health, social, and housing programs through other Acts.
The purpose of this part is to require the department of public safety to establish a temporary program for the enforcement of laws and rules prohibiting trespassing, camping, or being present after closing hours on state real property. The temporary program is intended to encompass state real property under the ownership, control, or management of state agencies that choose to participate in the program.
The legislature intends that the temporary program take a consolidated approach to enforcing the laws and rules for participating state agencies. The legislature finds that the consolidated approach may result in efficiencies and cost savings to the State.
The legislature also intends that the temporary sheriff patrol program under this part should be operated in conjunction and coordination with the temporary state real property cleanup program under part I.
In the future, the legislature intends to evaluate the temporary program to determine whether it should be extended or permanently established.
SECTION 9. Definitions. For the purpose of this part:
"Law prohibiting an individual from trespassing on state real property" means an offense under section 708-813, 708-814, 708-814.5, or 708-815, Hawaii Revised Statutes.
"Law or rule prohibiting an individual from being present after closing hours on state real property" means any statute or rule that prohibits an individual from being on the state real property when closed to the public; provided that this does not include laws prohibiting an individual from trespassing on state real property.
"Law or rule prohibiting an individual from camping on state real property" means any statute or rule that prohibits camping on state real property, even when the state real property is open to the public for non-camping use.
"State real property" means real property under the ownership, control, or management of the State, except real property leased, assigned, or otherwise conveyed by a state agency to the federal or a county government or private person.
SECTION 10. Temporary state real property enforcement program; establishment, operation. (a) The department of public safety shall establish a temporary program to enforce laws and rules prohibiting an individual from trespassing, camping, or being present after closing hours on state real property.
The department of public safety shall operate the temporary sheriff patrol program in conjunction and coordination with the temporary state real property cleanup program under part I.
(b) The department of public safety shall operate the temporary program by creating a team of deputy sheriffs to patrol among state real property that is subject to the temporary program and enforce laws or rules prohibiting trespassing, camping, or being present after closing hours on the state real property. The teams shall enforce violations of the laws or rules with or without receipt of complaints.
(c) To the extent possible, when observing or discovering a violation of a law or rule prohibiting trespassing, camping, or being present after closing hours on state real property, the deputy sheriffs first shall request the violator to leave the state real property. If the violator refuses to leave the state real property or leaves and then returns to the state real property in violation of the law or rule, the deputy sheriffs shall cite or arrest the violator.
(d) The team of deputy sheriffs may also enforce laws or rules other than those prohibiting trespassing, camping, or being present after closing hours on state real property.
SECTION 11. State real property subject to temporary program. (a) The temporary program shall encompass state real property under the ownership, control, or management of any state agency that enters into a memorandum of agreement with the department of public safety to participate in the temporary program. For the purpose of this paragraph, "state agency" includes the judiciary, but not the office of Hawaiian affairs.
(b) Nothing in this Act shall prohibit any state or county agency from engaging in its own effort to enforce laws prohibiting trespassing, camping, or being present after closing hours on state real property under the state agency's ownership, control, or management.
SECTION 12. No charge to other participating state agency. For the duration of the temporary program, the department of public safety shall not charge any participating state agency for participation in the temporary program.
SECTION 13. Temporary program; planning and preparation, commencement, termination. (a) Beginning July 1, 2016, the department of public safety shall plan and prepare to implement the temporary program of this part.
(b) The department of public safety shall commence implementation of the temporary program, in accordance with this part, on January 1, 2017.
Subject to the availability of funds for fiscal year 2017-2018 and fiscal year 2018-2019, the department of public safety shall implement the temporary program until December 31, 2018. On December 31, 2018, the temporary program shall terminate.
SECTION 14. Appropriation; position authorization. (a) There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2016-2017 for the following:
(1) $50,000 to be expended between July 1, 2016, to December 31, 2016, for planning and preparation for implementation of the temporary program established under this part to enforce laws prohibiting trespassing, camping, and being present after closing hours on state real property; and
(2) $200,000 for implementation of the temporary program commencing January 1, 2017.
The sum appropriated shall be expended by the department of public safety for the purposes of this part.
(b) The department of public safety may establish 12.00 temporary full-time equivalent deputy sheriff positions, the compensation of which may be paid from the appropriation under subsection (a). The department of public safety shall use the temporary positions to employ deputy sheriffs for the team under the temporary program or to backfill for other deputy sheriffs assigned to the temporary program.
SECTION 15. Report, recommendation. The department of public safety shall submit a report to the legislature on the temporary program, including a recommendation on whether it should be extended, permanently established, or allowed to terminate. The department shall submit the report no later than twenty days prior to the convening of the regular session of 2018.
If the department of public safety recommends that the program should be permanently established, the report shall include the following:
(1) The projected annual cost of operating the permanent program;
(2) The number and type of positions needed for the permanent program; and
(3) The method proposed to deliver the program's consolidated patrol services, whether by the department itself, another state agency, a contract with a county, or a contract with a private entity.
PART III
SECTION 16. The purpose of this part is to amend certain statutes relating to trespass to improve enforcement capability.
SECTION 17. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§708-A Criminal trespass onto public real property. (1) A person commits the offense of criminal trespass onto public real property if the person remains unlawfully in or upon public real property after a request to leave is made by any law enforcement officer, when the request is based upon a violation by the person of any:
(a) Term of use specified on a sign or notice posted on the property;
(b) Term of use contained in, or the expiration of, any permit relating to the person's presence on the property; or
(c) Statute or administrative rule personally known by the officer, who possesses a written copy when making the request to leave.
(2) For the purposes of this section, unless the context requires otherwise:
"Law enforcement officer" has the same meaning as in section 710-1000.
"Public real property" means any real property under the control, maintenance, and management of the State or any of the counties; except that the term shall not include a public park or recreational ground as defined under section 708-814.5.
(3) Criminal trespass onto public real property is a petty misdemeanor."
SECTION 18. Section 708-800, Hawaii Revised Statutes, is amended by amending the definition of "enter or remain unlawfully" to read as follows:
""Enter or remain unlawfully"
means to enter or remain in or upon premises when the person is not licensed,
invited, or otherwise privileged to do so. A person who, regardless of
the person's intent, enters or remains in or upon premises which are at the
time open to the public does so with license and privilege unless the person
defies a lawful order not to enter or remain, personally communicated to the
person by the owner of the premises or some other authorized person. A license
or privilege to enter or remain in [a building which is] or upon premises
that are only partly open to the public is not a license or privilege to
enter or remain in that part of the [building which is] premises that
are not open to the public."
SECTION 19. Section 708-814.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of
criminal trespass onto public parks and recreational grounds if the person
remains unlawfully in or upon a public park or recreational ground after a
request to leave is made by any law enforcement officer, when the request is
based upon violation by the person of any [term]:
(a) Term of use specified on a sign or
notice posted on the property[, or based on violation of any term];
(b) Term of use contained in, or the
expiration of, any permit relating to the person's presence on the property[.];
or
(c) Statute or administrative rule personally known by the officer, who possesses a written copy when making the request to leave."
PART IV
SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 21. This Act shall take effect on January 1, 2017; provided that:
(1) Sections 5, 13, 16, 17, 18, 19, and 20 shall take effect upon approval;
(2) Sections 6 and 14 shall take effect on July 1, 2016; and
(3) Parts I and II shall be repealed on December 31, 2018.
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INTRODUCED BY: |
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Report Title:
State Property Cleanup Program; Establishment; Appropriation
Description:
Establishes temporary programs in debris removal from, and trespass to, public property to be run by DAGS and DPS in coordination and conjunction with each other. Temporarily amends and temporarily creates criminal trespass offenses relating to public property. Makes appropriations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
