Bill Text: HI SB1379 | 2024 | Regular Session | Amended
Bill Title: Relating To Penalties For Unlicensed Care Homes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1379 Detail]
Download: Hawaii-2024-SB1379-Amended.html
THE SENATE |
S.B. NO. |
1379 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PENALTIES FOR UNLICENSED CARE HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 321-486.3, Hawaii Revised Statutes, and section 321-20, Hawaii Revised Statutes, cause confusion with regard to penalties. Section 321-20(1), Hawaii Revised Statutes, contains administrative remedies and authorizes an administrative penalty not to exceed $1,000 for each day a violation of chapter 321, Hawaii Revised Statutes, occurs. Operating a care facility without a certificate or license is a violation of chapter 321, Hawaii Revised Statutes, and thus would be punishable by section 321-20, Hawaii Revised Statutes. However, section 321-486.3, Hawaii Revised Statutes, contains a separate penalty for operating a care facility without a certificate or license that is limited to $100 for each day of uncertified or unlicensed operation for the first violation, and up to $1,000 for each day of a subsequent violation. Unlicensed care homes charge as much as $8,000 per month per client for multiple clients. A penalty under section 321-20(1), Hawaii Revised Statutes, of up to $1,000 per day regardless of the number of prior violations would be a better remedial penalty to prevent operators from financially benefiting from operating a care home without a license or certificate.
The purpose of this Act is to clarify the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license by repealing section 321-486.3, Hawaii Revised Statutes.
SECTION 2. Section 321-486.3, Hawaii Revised Statutes, is repealed.
["[§321-486.3] Penalty. Any person who intentionally operates a care
facility without a certificate of license shall be guilty of a misdemeanor and
shall be fined no more than:
(1) $100 for each day of uncertified or
unlicensed operation for the first violation;
(2) $500 for each day of uncertified or
unlicensed operation for the second violation; and
(3) $1,000 for each day of uncertified
or unlicensed operation for the third and each succeeding violation."]
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Care Homes; Penalties
Description:
Clarifies the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.