Hawaii-2018-HB2180-Introduced

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346- Sex trafficking emergency shelter. (a) The department may establish or contract with a victim service provider to operate and manage a sex trafficking emergency shelter.

(b) To the extent that appropriations are made available, the sex trafficking emergency shelter shall provide housing and appropriate services to victims after those victims are granted admittance to the sex trafficking emergency shelter.

(c) The operator of the sex trafficking emergency shelter, in consultation with any appropriate governmental agency or nongovernmental organization, shall be responsible for determining:

(1) If a victim is eligible for residence at the sex trafficking emergency shelter, including the degree of need and course of treatment for each victim; and

(2) Whether a victim is no longer eligible for residence at the sex trafficking emergency shelter;

provided that the term of residence for any victim shall not exceed thirty days.

(d) Any person who enters or remains in or upon the premises of any sex trafficking emergency shelter authorized by this section, after being requested to leave by the department or its designee, victim service provider, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code.

(e) Any compensation received by a victim service provider pursuant to this section for operating or managing a sex trafficking emergency shelter shall be exempt from taxation under chapter 237.

(f) Any county mayor, by executive order, may exempt from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees, the operator of a sex trafficking emergency shelter established pursuant to this section; provided that any county may enact ordinances to regulate the exemptions granted by this section.

(g) The department shall require any victim service provider contracted pursuant to this section to submit to the department a financial report each year that the contract is in effect. The report shall include recommendations about improving services for victims. Failure to provide a financial report shall be grounds for the department to terminate a contract with a victim service provider for operating or managing a sex trafficking emergency shelter authorized by this section.

(h) This section shall not prohibit the department from establishing additional programs for sex trafficking victims.

(i) As used in this section:

"Sex trafficking emergency shelter" means a facility that provides emergency services for sex trafficking victims, which may include, but not be limited to, housing, rehabilitative, medical, mental-health, therapeutic, legal, or diagnostic services.

"Victim" means:

(1) A person under the age of eighteen who commits the offense of prostitution pursuant to section 712-1200(1)(a);

(2) A person subjected to sex trafficking pursuant to section 712-1202;

(3) A person subjected to promoting prostitution pursuant to section 712-1203;

(4) A victim of a severe form of trafficking or a victim of trafficking under title 22 United States Code section 7102 et seq.; or

(5) A person subjected to the crime of sex trafficking of children under title 18 United States Code section 1591.

"Victim service provider" means any nonprofit or nongovernmental organization that provides social services to sex trafficking victims, including, but not limited to, housing, rehabilitation, education, vocational, medical, mental-health, or substance-abuse treatment programs."

SECTION 2. Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§237- Exemption for victim service providers of sex trafficking emergency shelters. There shall be exempted from the measure of all taxes imposed by this chapter any compensation received by a victim service provider for services rendered to sex trafficking victims pursuant to section 346- ."

SECTION 3. 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 department of human services to establish or contract with a victim service provider to operate and manage a sex trafficking emergency shelter.

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

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2018.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2180
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII