Hawaii House Bill HB1083

Hawaii 2022 Regular Session

• Introduced: 1/27/21
• Refer: 2/1/21

Caption

Relating To The Law Of The Splintered Paddle.

Impact

The legislation specifically prohibits counties from enacting any ordinances that would prevent individuals from lying or sitting by the roadside safely, reinforcing a legal framework supporting public rest areas for those in need. However, it allows for enforcement measures whereby a county official may remove a person if their safety is at risk due to immediate bodily harm. This provision clarifies the balance between public safety and individual rights, reflecting an understanding of the state’s obligation to protect its vulnerable populations.

Summary

House Bill 1083 aims to uphold the historical law of the splintered paddle, known as ke kānāwai māmalahoe, which was enacted by King Kamehameha I to protect vulnerable individuals, such as the elderly and children, by ensuring they can lie safely by the roadside without fear of harm. This law symbolizes the cultural values of safety and care for community members in Hawaii. The bill emphasizes the importance of maintaining this law as a permanent fixture of public safety as prescribed in Article IX, Section 10 of the Hawaii State Constitution.

Contention

There may be points of contention surrounding the bill, particularly regarding how it addresses the growing issues of homelessness and public space usage in cities across Hawaii. Some may argue that while the bill protects individual rights, it could lead to challenges in managing public safety and maintaining order in urban areas. Concerns may arise about how counties will interpret and implement this law, especially in densely populated regions where sidewalk and roadside space is limited.