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Committee hears AG concerns, moves HB1957 on safe entryways with amendments
Summary
The House Judiciary & Hawaiian Affairs Committee advanced HB1957 after the Attorney General urged redrafting to place the offense language in HRS chapter 711, tighten definitions to avoid constitutional vagueness, and add property-notice and contest procedures; the committee accepted AG-recommended amendments and moved the bill out with further edits.
The House Committee on Judiciary and Hawaiian Affairs advanced House Bill 1957, a measure intended to prevent storing personal property on public property in a way that blocks ingress to private doorways, after receiving substantive legal guidance from the state Attorney General’s office.
Deputy Attorney General Mark Tom, appearing as the department’s witness, told the committee that the bill’s criminal provisions “would fit more properly in chapter 711, which is offenses against public order,” and recommended moving the contents of section two into that chapter. He urged clearer statutory definitions to avoid “constitutional vagueness” and proposed adding procedures for notice, inventory, storage, and mechanisms for contesting disposition of property to protect property rights. “We would also suggest establishing more defined terms or definitions for some terms in this bill,” he said, arguing that defined terms would promote uniform application.
The chair said she appreciated the AG’s suggested amendments and asked staff to incorporate the language to address the constitutional concerns. Committee discussion focused on technical alignment with the Hawaii Revised Statutes, enforcement authority for county law-enforcement agencies, and setting an effective date. At decision making the committee adopted a package of amendments incorporating many of the AG’s recommendations and moved the bill out of committee with a July 1 defective effective date for further statutory drafting and alignment efforts.
Why it matters: The bill affects how cities with populations greater than 300,000 may respond to obstructions at private doorways on public property and could create a new misdemeanor or petty-offense enforcement pathway if placed in the criminal code. The AG’s recommended procedural protections aim to reduce the risk of constitutional challenges by providing notice and post-seizure contest mechanisms.
What’s next: Committee members said staff will incorporate the AG’s redrafting suggestions and return an amended draft for floor consideration; the committee’s formal recommendation was to move HB1957 out with the AG-proposed amendments and a deferred effective date.
