Bill Text: HI HB2461 | 2018 | Regular Session | Amended
Bill Title: Relating To Homelessness.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2018-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Har, McDermott, Souki, Tupola, Woodson excused (5). [HB2461 Detail]
Download: Hawaii-2018-HB2461-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2461 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOMELESSNESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that chronic, unsheltered, nomadic homelessness is a humanitarian disaster that endangers public health and safety. The legislature recognizes that multiple national studies show that Housing First programs are enormously effective, mostly because the stability of a permanent home, combined with supportive services and treatment, fosters recovery from addiction, mental illness, and other afflictions.
The legislature also finds that for many years, the State used homeless shelters and transitional group homes as an interim measure, while attempting to place as many homeless persons as possible into subsidized rentals and traditionally constructed apartments under a Housing First paradigm. Unfortunately, economic constraints, construction delays, and landlords' resistance to homeless tenants have made the supply of subsidized rentals and traditionally constructed housing inadequate. Moreover, many persons who are mentally ill or who struggle with substance abuse cannot live in close quarters with others in a shelter or group home, and thus continue to live unsheltered.
The legislature notes that technical innovations now make it possible to build alternative dwellings that can serve as permanent housing, as well as emergency shelters, for a greater number of homeless families and individuals in a shorter period of time than conventional housing. The legislature believes that the best way to achieve this on a scale large enough to end homelessness is to incorporate alternatively constructed homes into villages using Housing First practices. The legislature further finds that in August 2017, the county of Hawaii began, on a pilot basis, sponsoring a safe zone known as Camp Kikaha. The legislature intends that this Act will fund additional and larger safe zone sites in East and West Hawaii. In the meantime, suitable sites in East Hawaii have yet to be located, and selected sites in West Hawaii are undergoing the planning and environmental assessment process.
Homelessness is an issue of statewide concern. Establishing pilot homeless villages is just one part of the State's ongoing efforts to address homelessness. Accordingly, the purpose of this Act, which shall be known as the "Hawaii County Homeless Villages Act", is to secure necessary funding to establish two pilot homeless villages under a Housing First paradigm with an aggregate total of fifty units, of which twenty-five units each shall be located at a Kona homeless village site and a Hilo homeless village site.
SECTION 2. (a) There is established within the department of human services a Hawaii county homeless villages program that provides housing and supportive services to homeless persons under a Housing First paradigm. The program shall be operated in a manner that is reasonably consistent with the following requirements:
(1) The department shall construct no less than fifty homes, which shall be completed no later than two years after the effective date of this Act; provided that twenty-five homes shall be constructed on a homeless village site in Kona and twenty-five homes shall be constructed on a homeless village site in Hilo;
(2) The cost to the department to construct each home shall not exceed $15,000 per home; provided that this figure shall not include the costs of infrastructure installation;
(3) Each home shall contain at least three hundred square feet of living space, have electricity with lighting, and have no less than eight standard electrical outlets;
(4) Homes shall be private dwellings for homeless individuals and families; provided that homeless persons who are not related shall not be required to share a home;
(5) The cost of rent, utilities, and supportive services shall:
(A) Be provided free of charge for homeless individuals or families with no income;
(B) Not exceed twenty per cent of the individual's gross income for a homeless individual with income; and
(C) Not exceed twenty per cent of the family's combined gross income for homeless families with income, less $100 per month for each dependent family member that resides in the home;
provided that the department may adjust these amounts for inflation;
(6) Each homeless village shall have a community center for residents, which shall include:
(A) A reasonable number of communal showers;
(B) Bathrooms;
(C) A kitchen;
(D) Lockers for residents' valuables;
(E) Mailboxes for incoming mail; and
(F) A multipurpose room for residential meetings and supportive services;
provided that a home may be constructed with a built-in bathroom, shower, or kitchen, if necessary to qualify the home for use of a housing voucher;
(7) The department shall make reasonable efforts to complete each community center at a cost of $100,000 or less per village; and
(8) Each village shall have systems to dispose of trash and other waste.
(b) The department may experiment with different types of housing, including but not limited to high grade fire resistant tents, tiny houses, domes, huts, or other innovative types of housing that are within budgetary constraints.
(c) The department shall establish rules for residents of the villages that are reasonably consistent with what are commonly known as Housing First practices. To the extent practicable, the rules shall allow residents to participate in self-government.
(d) The department shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as well as policies and procedures, for the purpose of qualifying applicants for residency under the Hawaii county homeless villages program. Qualification rules, policies, and procedures shall be consistent with the rules, policies, and procedures of the United States Department of Housing and Urban Development's Coordinated Entry System. To the extent practicable, the department shall ensure that qualification procedures for residency under the program provide for rapid admission and use the least restrictive standards practicable.
(e) The department shall collaborate with appropriate departmental personnel and state and county law enforcement agencies to provide security for the Hawaii county homeless villages program.
(f) The department shall work with appropriate agencies to ensure that residents have reasonable access to public transportation.
SECTION 3. Notwithstanding any other law to the contrary, all state permitting and construction fees shall be waived with respect to the construction and maintenance of dwellings contemplated or constructed under section 2 of this Act.
SECTION 4. The department of human services shall establish two homeless assessment centers in Hawaii county that shall be modeled after the Kakaako family assessment center on the island of Oahu; provided that a homeless assessment center shall be established within reasonable proximity of each of the Kona and Hilo homeless village sites.
SECTION 5.
There is appropriated out of the general revenues of the State of Hawaii
the sum of $1,187,500 or so much thereof as may be necessary for fiscal year
2018-2019 to establish the Hawaii county homeless villages program and to construct
fifty homes and physical infrastructure as required by section 2 of this Act.
The sum appropriated shall be expended by the
department of human services for the purposes of this Act.
SECTION 6.
There is appropriated out of the general revenues of the State of Hawaii
the sum of $1,360,000 or so much thereof as may be necessary for fiscal year
2018-2019; provided that of this amount,
$ shall be for the management,
maintenance, and day-to-day operations of the Hawaii county homeless villages
established under section 2 of this Act, and
$ shall be for the
management, maintenance, and day-to-day operations of the homeless assessment
centers established under section 4 of this Act.
The sum appropriated shall be expended by
the department of human services for the purposes of this Act.
PART II
SECTION 7. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part XVII to be appropriately designated and to read as follows:
"§346- Homeless
villages special fund; established. (a) There is
established within the state treasury the homeless villages special fund.
(b) The fund shall consist of all moneys derived
from fees collected pursuant to section 667-76.
(c) Moneys in the fund shall be expended by the department of human services for homeless villages that provide housing and supportive services to homeless persons under a Housing First paradigm."
SECTION 8. Section 667-76, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Within three days after a mortgagee serves a
foreclosure notice on an owner-occupant pursuant to section 667-22, the
mortgagee shall file the foreclosure notice with the department and pay a
filing fee of ; provided
that:
(1) $250[, which]
shall be deposited into the mortgage foreclosure dispute resolution special
fund established under section 667-86[.]; and
(2)
shall be deposited into the homeless villages special fund established under
section 346- ."
PART III
SECTION 9.
Chapter 662, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
"§662- Immunity from liability for provision of housing or services to homeless persons. An employee of the State who provides housing or services to a homeless person shall be immune from civil liability in any action based upon the acts or omissions of the employee; provided that the employee was acting in good faith and within the scope of the employee's functions and duties as an employee of the State."
SECTION 10. Chapter 662D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§662D- Immunity
from liability for provision of housing or services to homeless persons. A volunteer who provides housing or
services to a homeless person on behalf of the State shall be immune from civil
liability in any action based upon the acts or omissions of the volunteer;
provided that the volunteer was acting in good faith and within the scope of the
volunteer's official functions and duties with the State."
SECTION 11. Section 662-15, Hawaii Revised Statutes, is amended to read as follows:
"§662-15 Exceptions. This chapter shall not apply to:
(1) Any claim based
upon an act or omission of an employee of the State, exercising due care, in
the execution of a statute or regulation, whether or not [such] the
statute or regulation is valid, or based upon the exercise or performance or
the failure to exercise or perform a discretionary function or duty on the part
of a state officer or employee, whether or not the discretion involved has been
abused;
(2) Any claim arising
in respect of the assessment or collection of any tax[,] or the
detention of any goods or merchandise by law enforcement officers;
(3) Any claim for which a remedy is provided elsewhere in the laws of the State;
(4) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;
(5) Any claim arising out of the combatant activities of the Hawaii National Guard and Hawaii state defense force during time of war, or during the times the Hawaii National Guard is engaged in federal service pursuant to section 316, 502, 503, 504, 505, or 709 of title 32 of the United States Code;
(6) Any claim arising
in a foreign country; [or]
(7) Any claim arising
out of the acts or omissions of any boating enforcement officer[.];
or
(8) Any claim
arising out of the acts or omissions of:
(A) A
volunteer acting on behalf of the State; or
(B) An
employee of the State acting within the scope of the employee's employment,
who provides housing or services to a homeless person, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion involved has been abused."
PART IV
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 3000.
Report Title:
Homelessness; DHS; Hawaii County Homeless Villages Program; Appropriation
Description:
Establishes within the Department of Human Services a Hawaii County Homeless Villages program. Waives applicable state permitting and construction fees for the program. Exempts the State from claims arising out of the provision of housing or services to homeless persons. Establishes the homeless villages special fund. Provides immunity from civil liability to volunteers and state employees who provide housing or services to homeless persons. Appropriates funds. (HB2461 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
