Bill Text: HI HB2498 | 2016 | Regular Session | Introduced

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Bill Title: Homelessness; Homeless Care Residence

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2016-02-09 - The committee(s) on HUS/HSG recommend(s) that the measure be deferred. [HB2498 Detail]

Download: Hawaii-2016-HB2498-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2498
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to homelessness.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that homelessness is a critical issue in the State.  The State and counties have tried to address this systemic issue, but it is still ongoing and prevalent.  According to a recent survey, the homeless population has increased by thirty per cent on Oahu since 2009, including a 3.4 per cent increase from 2013 to 2014.  This translates into over 4,700 homeless people on Oahu.  Furthermore, from nationwide estimates, the national homeless population decreased from 2010 to 2014, while Hawaii's homeless population increased eighteen per cent over the same time period to potentially 6,900 or more people.

     The city and county of Honolulu recently allocated over $45,000,000 for fiscal year 2015 to help address the homeless issue, and it remains to be seen what impact this funding will have on the number of homeless people.  Additionally, the city and county has enacted "sit-lie" laws for Waikiki and other areas, and has pursued a compassionate disruption policy for cleaning up the streets.

     Although a number of homeless people here are from other locations and not residents of the State, others are local residents with family members residing here as well.  One way the State may help address the issue is by helping these families with homeless family members, by providing financial assistance to families that provide care for a homeless family member.  The assistance would not be permanent, and it is intended to provide support to allow the homeless family member to reintegrate into the community.

     The purpose of this Act is to help address the homeless issue in the State by assisting households that provide temporary care for a homeless family member.

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART HOMELESS CARE RESIDENCES

     §346-A  Definitions.  For the purposes of this part:

     "Care" refers to those situations where a person has agreed to assume and has been entrusted with the responsibility to provide a homeless care residence to a homeless family or household member, as those terms are defined in section 346-A.

     "Department" means the department of human services.

     "Family or household member" means, with respect to a certain individual, another individual related by blood to that individual or spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, or persons who have a child in common.

     "Homeless" means:

     (1)  An individual who lacks a fixed, regular, and adequate night-time residence; or

     (2)  An individual who has a primary night residence that is:

        (A)   A supervised and publicly or privately operated shelter designed to provide temporary living accommodations;

         (B)  An institution that provides temporary residence for individuals intended to be institutionalized; or

         (C)  A public or private place not designed for or ordinarily used as sleeping accommodations for human beings.

This term does not include any individual imprisoned or otherwise detained under an act of Congress or a state law.

     "Homeless care residence" means a private residence, including a home, apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for a homeless family or household member, as those terms are defined in 346-A.

     "Provider" means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in a homeless care residence.

     §346-B  Registration for homeless care residence.  No person shall operate or maintain a homeless care residence unless registered to do so by the department under this part.  The registration shall be valid for one year unless sooner revoked and shall require annual registration.

     §346-C  Rules for registration.  (a)  No later than January 1, 2017, the department shall adopt rules pursuant to chapter 91 establishing minimum requirements to ensure the health and safety of any family member or household member provided care in a homeless care residence.  The rules may specify, but shall not be limited to, minimum requirements concerning:

     (1)  The number of persons who may be cared for at one time;

     (2)  The health of the provider and the persons cared for by the provider;

     (3)  Fire and sanitation standards; and

     (4)  Protection of persons who are provided care from abuse.

     (b)  It is the intent of the legislature that the minimum requirements shall:

         (A)  Be as simple and clear as possible; and

          (B)  Be germane to the provision of care to persons in a private home as opposed to a homeless facility or institution;

          (C)  Require as little recordkeeping by the provider as possible; and

         (D)  Require information and reports if necessary, from the provider that the department intends to scrutinize carefully and not cursorily.

     (c)  The department shall establish minimum requirements, compliance with which shall be assessed objectively by officers and employees of the department, providers, and those cared for by providers.

     §346-D  Procedures for registration.  (a)  A person desiring to have the person's home registered as a homeless care residence shall make application to the department.  Upon receipt of the application, the department shall conduct a study of the applicant's qualifications, home, and proposed operation.  The department shall issue a certificate of registration to the applicant that authorizes the applicant to operate a homeless care residence if the department is satisfied that the premises and proposed operation will be in compliance with the minimum requirements established under section 346-C and subject to the criminal history record checks established under section 846-2.7.

     The provider shall operate and maintain the premises of the homeless care facility in accordance with the minimum requirements established under section 346-C so long as registered.

     (b) The department may establish reasonable fees for the issuance or renewal of certificates of registration according to rules adopted pursuant to chapter 91.

     §346-E  Visitation and inspection of homeless care residence; revocation of registration.  (a)  The department shall visit and inspect the premises and operation of a homeless care residence to determine compliance with the minimum requirements established under section 346-C:

     (1)  At least once during each six-month period; and

     (2)  Upon receipt of a complaint that the premises or operation of the home is in violation of the minimum requirements established under section 346-C.

     (b)  If the visitation and inspection reveal that the premises or operation of the home is in violation of a minimum requirement, the department shall immediately suspend or revoke the registration.  Upon suspension or revocation, the home shall no longer be a registered homeless care residence.

     A person whose registration has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation.  If on appeal is made under chapter 91, the appeal of the suspension or revocation, and not the suspension or revocation itself, shall be deemed the contested case.

     The department shall suspend the registration if the violation of the minimum requirement is the first violation of the provider and the violation does not warrant the revocation of the registration.  The department shall revoke the registration if the provider has violated any minimum requirement or requirements to such an extent or of a nature that the provider is unfit to be trusted with the operation of a homeless care residence or if the provider has had the provider's registration suspended at least once previously.

     (c)  The department may reinstate a suspended registration or restore a revoked registration if it deems that the person is willing and able to comply with the rules adopted under section 346-C.  A suspended registration may be reinstated upon the department's satisfaction that the violation has been or will be corrected.  A revoked registration shall be restored only after new application is made and reviewed under this subpart.

     §346-F  Waiver.  The State shall not be liable for any loss, damage, injury, or death arising from the homeless family or household member's use of the homeless care residence or the provider's operation of the homeless care residence.

     §346-G  Penalty.  Any person violating any provision of this part or any rule adopted pursuant thereto shall be fined as follows:

     (1)  Up to $1,000 for a first violation; and

     (2)  Up to $3,000 for the second violation and each succeeding violation.

     §346-H  Participation limit.  A homeless family or household member who receives care by a provider shall be limited to a maximum of twelve months of participation under the program.  This twelve month limit shall apply to consecutive or nonconsecutive months and shall apply even if care is received from a succession of different providers.

     §346-I  Homeless care residence cap.  The total number of homeless care residences that are actively participating in the program, providing care for a homeless family or household member, and in receipt of funds shall be capped at one hundred residences per month, with the number to be determined on the first day of each month.

     §346-J  Rules.  The department shall adopt rules pursuant to chapter 91 for the purposes of this part."

     SECTION 3.  Section 237-24, Hawaii Revised Statutes, is amended to read as follows:

     "§237-24  Amounts not taxable.  This chapter shall not apply to the following amounts:

     (1)  Amounts received under life insurance policies and contracts paid by reason of the death of the insured;

     (2)  Amounts received (other than amounts paid by reason of death of the insured) under life insurance, endowment, or annuity contracts, either during the term or at maturity or upon surrender of the contract;

     (3)  Amounts received under any accident insurance or health insurance policy or contract or under workers' compensation acts or employers' liability acts, as compensation for personal injuries, death, or sickness, including also the amount of any damages or other compensation received, whether as a result of action or by private agreement between the parties on account of the personal injuries, death, or sickness;

     (4)  The value of all property of every kind and sort acquired by gift, bequest, or devise, and the value of all property acquired by descent or inheritance;

     (5)  Amounts received by any person as compensatory damages for any tort injury to the person, or to the person's character reputation, or received as compensatory damages for any tort injury to or destruction of property, whether as the result of action or by private agreement between the parties (provided that amounts received as punitive damages for tort injury or breach of contract injury shall be included in gross income);

     (6)  Amounts received as salaries or wages for services rendered by an employee to an employer;

     (7)  Amounts received as alimony and other similar payments and settlements;

     (8)  Amounts collected by distributors as fuel taxes on "liquid fuel" imposed by chapter 243, and the amounts collected by such distributors as a fuel tax imposed by any Act of the Congress of the United States;

     (9)  Taxes on liquor imposed by chapter 244D on dealers holding permits under that chapter;

    (10)  The amounts of taxes on cigarettes and tobacco products imposed by chapter 245 on wholesalers or dealers holding licenses under that chapter and selling the products at wholesale;

    (11)  Federal excise taxes imposed on articles sold at retail and collected from the purchasers thereof and paid to the federal government by the retailer;

    (12)  The amounts of federal taxes under chapter 37 of the Internal Revenue Code, or similar federal taxes, imposed on sugar manufactured in the State, paid by the manufacturer to the federal government;

    (13)  An amount up to, but not in excess of, $2,000 a year of gross income received by any blind, deaf, or totally disabled person engaging, or continuing, in any business, trade, activity, occupation, or calling within the State; a corporation all of whose outstanding shares are owned by an individual or individuals who are blind, deaf, or totally disabled; a general, limited, or limited liability partnership, all of whose partners are blind, deaf, or totally disabled; or a limited liability company, all of whose members are blind, deaf, or totally disabled;

    (14)  Amounts received by a producer of sugarcane from the manufacturer to whom the producer sells the sugarcane, where:

         (A)  The producer is an independent cane farmer, so classed by the Secretary of Agriculture under the Sugar Act of 1948 (61 Stat. 922, chapter 519) as the Act may be amended or supplemented;

         (B)  The value or gross proceeds of the sale of the sugar, and other products manufactured from the sugarcane, are included in the measure of the tax levied on the manufacturer under section 237-13(1) or (2);

         (C)  The producer's gross proceeds of sales are dependent upon the actual value of the products manufactured therefrom or the average value of all similar products manufactured by the manufacturer; and

         (D)  The producer's gross proceeds of sales are reduced by reason of the tax on the value or sale of the manufactured products;

    (15)  Money paid by the State or eleemosynary child-placing organizations to foster parents for their care of children in foster homes;

   [(16)] (17)  Amounts received by a cooperative housing corporation from its shareholders in reimbursement of funds paid by the corporation for lease rental, real property taxes, and other expenses of operating and maintaining the cooperative land and improvements; provided that the cooperative corporation is a corporation:

         (A)  Having one and only one class of stock outstanding;

         (B)  Each of the stockholders of which is entitled solely by reason of the stockholder's ownership of stock in the corporation, to occupy for dwelling purposes a house, or an apartment in a building owned or leased by the corporation; and

         (C)  No stockholder of which is entitled (either conditionally or unconditionally) to receive any distribution not out of earnings and profits of the corporation except in a complete or partial liquidation of the corporation;

   [(17)] (18)  Amounts received by a managed care support contractor of the TRICARE program that is established under title 10 United States Code chapter 55, as amended, for the actual cost or advancement to third party health care providers pursuant to a contract with the United States; [and]

   [(18)] (19)  Amounts received by a contractor of the Patient-Centered Community Care program that is established by the United States Department of Veterans Affairs pursuant to title 38 United States Code section 8153, as amended, for the actual costs or advancements to third party health care providers pursuant to a contract with the United States[.]; and

    (19)  Money paid by the State to providers of care for a family or household member in a homeless care residence.

     SECTION 4.  Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Criminal history record checks may be conducted by:

     (1)  The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;

     (2)  The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;

     (3)  The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at health care facilities as defined in section 321-15.2;

     (4)  The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

     (5)  The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

     (6)  The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

     (7)  The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

     (8)  The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

     (9)  The department of human services on prospective adoptive parents as established under section 346‑19.7[;], and on providers of homeless care residences as provided by section 346-A;

    (10)  The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section 346-154;

    (11)  The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

    (12)  The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;

    (13)  The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

    (14)  The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

    (15)  The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

    (16)  The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

    (17)  The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;

    (18)  Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

    (19)  The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;

    (20)  The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

    (21)  The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;

    (22)  The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;

    (23)  The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;

    (24)  The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

    (25)  The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

    (26)  The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

    (27)  The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

    (28)  The department of commerce and consumer affairs on:

         (A)  Each principal of every non-corporate applicant for a money transmitter license; and

         (B)  The executive officers, key shareholders, and managers in charge of a money transmitter's activities of every corporate applicant for a money transmitter license,

          as provided by sections 489D-9 and 489D‑15;

    (29)  The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

    (30)  The Hawaii health systems corporation on:

         (A)  Employees;

         (B)  Applicants seeking employment;

         (C)  Current or prospective members of the corporation board or regional system board; or

         (D)  Current or prospective volunteers, providers, or contractors,

          in any of the corporation's health facilities as provided by section 323F-5.5;

    (31)  The department of commerce and consumer affairs on:

         (A)  An applicant for a mortgage loan originator license; and

         (B)  Each control person, executive officer, director, general partner, and manager of an applicant for a mortgage loan originator company license,

          as provided by chapter 454F;

    (32)  The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;

    (33)  The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;

    (34)  The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;

    (35)  The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;

    (36)  The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;

    (37)  The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;

    (38)  The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;

    (39)  The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;

    (40)  The department of commerce and consumer affairs on applicants for real estate appraiser licensure or certification as provided by chapter 466K;

    (41)  The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical marijuana dispensaries, and individuals permitted to enter and remain in medical marijuana dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3); and

    (42)  Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Homelessness; Homeless Care Residence

 

Description:

Establishes a homeless care residence program to provide financial assistance to households providing temporary housing and care to a homeless relative.  Requires that providers undergo certification and inspection by the department of human services and caps program participation at twelve months.

 

 

 

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