Bill Text: HI SB717 | 2017 | Regular Session | Amended

Hawaii Senate Bill 717 (Prior Session Legislation)

Bill Title: Relating To Public Real Property.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2017-04-25 - Conference committee meeting scheduled for 04-26-17 4:10PM in conference room 312. [SB717 Detail]

Download: Hawaii-2017-SB717-Amended.html

THE SENATE	S.B. NO.	717
TWENTY-NINTH LEGISLATURE, 2017		S.D. 2
STATE OF HAWAII		H.D. 2

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 and litter deposited by occupants of illegal encampments.

More specifically, this part requires a department designated by the governor to establish a temporary program for the removal of debris and litter from state real property after the departure of persons known or suspected to have illegally or without permission camped or lodged on the state real property. The program applies to state real property under the control and management of state agencies, including the judiciary, University of Hawaii, department of education, and stadium authority, that choose to participate in the program.

The legislature intends that the temporary program take a consolidated approach to cleaning state real property. 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 further finds that the governor is the appropriate authority to designate the state executive department that should be responsible for the program.

The legislature also intends that the temporary cleanup program under this part be operated in conjunction and coordination with the temporary sheriff patrol program under part II of this Act.

The legislature further intends to later evaluate the temporary program to determine whether it should be extended, permanently established, or terminated.

SECTION 2. Definitions. For the purpose of this part:

"Designated state department" means the state executive department designated by the governor to establish and operate the temporary cleanup program established under this part.

"State agency" includes executive departments and instrumentalities, judiciary, University of Hawaii, department of education, and stadium authority, but excludes the Office of Hawaiian Affairs.

"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 government, a county government, or a private person.

SECTION 3. Temporary cleanup program; state department designation, establishment, operation. (a) The governor shall designate a state executive department to establish a temporary cleanup program for state real property.

(b) Under the temporary cleanup program, the designated state department shall be responsible for:

(1) The cleanup of state real property of debris and litter after the departure of persons known or suspected to have illegally or without permission camped or lodged on the state real property;

(2) The temporary storage of personal property collected during the cleanup of the state real property until claimed by the owner of the personal property;

(3) Establishment of a minimum time period for which the designated state department will store the personal property collected during the cleanup of the state real property; and

(4) Disposal of personal property that is unclaimed upon the expiration of the time period established in paragraph (3).

The designated state department shall consult with the department of the attorney general when setting the time period to be established pursuant to paragraph (3).

(1) Operate the program directly; or

(2) Enter into a memorandum of agreement with a county agency to perform the cleanup and temporary storage of personal property on behalf of the designated state department.

(d) The designated state department shall operate the temporary cleanup program in conjunction and coordination with the temporary sheriff patrol program established under part II of this Act.

SECTION 4. State real property subject to temporary cleanup program. (a) The temporary cleanup program shall apply to:

(1) State real property under the control and management of the designated state department; and

(2) State real property under the ownership, control, or management of any other state agency that enters into a memorandum of agreement with both the:

(A) Designated state department to participate in the temporary cleanup program; and

(B) Department of public safety to participate in the temporary sheriff patrol program established under part II of this Act.

(b) Nothing in this part shall prohibit a state agency from engaging in the cleanup of its own state real property or require a state agency to participate in the temporary program.

SECTION 5. No charge to other state agencies. For the duration of the temporary cleanup program, the designated state department 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 6. Temporary cleanup program; planning and preparation, commencement, termination. (a) Before August 1, 2017, the governor shall designate the state executive department to serve as the "designated state department" referenced in this part.

(b) As of the effective date of the designation, the designated state department shall plan and prepare to implement the temporary cleanup program established under this part.

(c) The designated state department shall commence operation of the temporary cleanup program in accordance with this part on January 1, 2018.

The designated state department shall operate the temporary cleanup program until June 30, 2019. The temporary program shall terminate on June 30, 2019.

SECTION 7. Appropriations. (a) 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 2017-2018 as follows:

(1) $ to be expended from July 1, 2017, to December 31, 2017, for planning and preparation for implementation of the temporary program to clean state real property established under this part; and

(2) $ for implementation and operation of the temporary program from January 1, 2018, until June 30, 2018.

(b) 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 2018-2019 for the operation of the temporary cleanup program from July 1, 2018 to June 30, 2019, and the preparation of the report required under section 8 of this Act.

(c) The sums appropriated under subsections (a) and (b) shall be expended by the designated state department for the purposes of this part.

SECTION 8. Report; recommendation on temporary cleanup program and temporary sheriff patrol program. (a) No later than twenty days prior to the convening of the regular session of 2019, the designated state department shall submit a report to the legislature regarding the implementation of the temporary cleanup program established under this part and the temporary sheriff patrol program established under part II of this Act. The report shall include a recommendation on whether to extend the temporary programs, permanently establish the programs, or terminate the programs.

(b) If the designated state department recommends that the programs be permanently established, the report shall include the:

(1) Projected annual cost of operating the permanent programs;

(2) Number and type of positions needed for the permanent programs; and

(3) Method proposed to deliver the consolidated cleanup and patrol services of the programs, whether by the designated state department and department of public safety, another state agency, contract with a county, or contract with a private entity.

PART II

SECTION 9. The legislature finds that if laws and rules are not enforced, violators may believe that there are no consequences to the violations, may become more brazen and continue the violations, or may feel emboldened to violate other, more serious laws and rules. The result is detrimental to public safety and should not be tolerated.

The purpose of this part is to require the department of public safety to establish a temporary sheriff patrol 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 apply to 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 be operated in conjunction and coordination with the temporary state real property cleanup program under part I of this Act.

The legislature further intends to later evaluate the temporary program to determine whether it should be extended, permanently established, or terminated.

SECTION 10. Definitions. For the purpose of this part:

"Laws prohibiting an individual from trespassing on state real property" include any offenses relating to trespass onto state lands, as codified in part II of chapter 708, Hawaii Revised Statutes.

"Laws or rules 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.

"Laws or rules 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 agency" has the same meaning as in section 2 of this Act.

"State real property" has the same meaning as in section 2 of this Act.

SECTION 11. Temporary sheriff patrol program; establishment, operation. (a) The department of public safety shall establish a temporary sheriff patrol program to enforce laws prohibiting an individual from trespassing on state real property, laws and rules prohibiting an individual from being present after closing hours on state real property, and laws or rules prohibiting an individual from camping 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 of this Act.

(b) The department of public safety shall operate the temporary sheriff patrol program by creating a team of deputy sheriffs to patrol state real property that is subject to the temporary program and enforce laws and 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 take appropriate steps necessary in accordance with the law.

(d) The team of deputy sheriffs may also enforce laws and rules other than those prohibiting trespassing, camping, or being present after closing hours on state real property.

SECTION 12. State real property subject to temporary sheriff patrol program. (a) The temporary sheriff patrol program shall apply to state real property under the ownership, control, or management of any state agency that enters into a memorandum of agreement with both the:

(1) Department of public safety to participate in the temporary sheriff patrol program; and

(2) Designated state department to participate in the temporary cleanup program established under part I of this Act.

(b) Nothing in this part shall prohibit any state or county agency from engaging in its own effort to enforce laws and rules prohibiting trespassing, camping, or being present after closing hours on state real property under the state agency's ownership, control, or management.

SECTION 13. No charge to other state agencies. For the duration of the temporary sheriff patrol program, the department of public safety shall not charge any participating state agency for participation in the temporary program.

SECTION 14. Temporary sheriff patrol program; planning and preparation, commencement, termination. (a) Beginning on July 1, 2017, the department of public safety shall plan and prepare to implement the temporary sheriff patrol program established under this part.

(b) The department of public safety shall commence operation of the temporary sheriff patrol program in accordance with this part on January 1, 2018.

The department of public safety shall operate the temporary sheriff patrol program until June 30, 2019. The temporary program shall terminate on June 30, 2019.

SECTION 15. Appropriations. (a) 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 2017-2018 for the operation of the temporary sheriff patrol program from January 1, 2018 until June 30, 2018.

(b) 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 2018-2019 for the operation of the temporary sheriff patrol program from July 1, 2018 until June 30, 2019.

(c) The sums appropriated under subsections (a) and (b) shall be expended by the department of public safety for the purposes of this part.

SECTION 16. Temporary positions, authorized. The department of public safety may establish 2.00 temporary full-time equivalent deputy sheriff positions, the compensation of which may be paid from the appropriations under section 15 of this Act. The department of public safety shall use the temporary positions to employ deputy sheriffs for the temporary sheriff patrol program or to backfill for other deputy sheriffs assigned to the temporary program.

SECTION 17. Report by designated state department; assistance. The department of public safety shall assist the designated state department in the preparation of the report required to be submitted to the legislature under section 8 of this Act.

When data are requested by the designated state department on costs and personnel to operate and performance measures of the temporary sheriff patrol program, the department of public safety shall provide the data to the extent possible.

PART III

SECTION 18. The purpose of this part is to appropriate funds for the cleanup of state real property by separate state agencies during the first half of fiscal year 2017-2018. The legislature intends that, during the second half of fiscal year 2017-2018, the designated state department be responsible for the cleanup of state real property under the temporary program commencing on January 1, 2018 and funded under part I of this Act.

SECTION 19. 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 2017-2018 for the removal of debris and litter left on the real property of the department of transportation after the departure of persons known or suspected to have illegally or without permission camped or lodged on the real property.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 20. 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 2017-2018 for the removal of debris and litter left on the real property of the Hawaii community development authority after the departure of persons known or suspected to have illegally or without permission camped or lodged on the real property.

The sum appropriated shall be expended by the Hawaii community development authority for the purposes of this Act.

SECTION 21. 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 2017-2018 for the removal of debris and litter left on the real property of the department of land and natural resources after the departure of persons known or suspected to have illegally or without permission camped or lodged on the real property.

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

PART IV

SECTION 22. This Act shall take effect on July 1, 2055; provided that parts I and II shall be repealed on June 30, 2019.

Report Title:

State Property Cleanup Program; Sheriff Patrol Program; Appropriation

Description:

Establishes a temporary program to clean up state real property after the departure of persons who have illegally camped or lodged on state real property. Requires the Governor to designate the state executive department responsible for the program. Establishes a temporary sheriff patrol program to enforce laws against illegally camping, trespassing, or being present on state real property. Makes appropriations. (SB717 HD2)

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