Bill Text: HI SB2395 | 2018 | Regular Session | Amended
Bill Title: Relating To A Sex Trafficking Emergency Shelter.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-02-16 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2395 Detail]
Download: Hawaii-2018-SB2395-Amended.html
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THE SENATE |
S.B. NO. |
2395 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO A SEX TRAFFICKING EMERGENCY SHELTER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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) Beginning on January 1, 2019, 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 subsection.
(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) A sex trafficking emergency shelter operated
pursuant to this section shall comply with any federal or state licensing
requirements for residential facilities for minors.
(i) This section shall not prohibit the
department from establishing additional programs for sex trafficking victims.
(j) As used in this section:
"Sex trafficking emergency
shelter" means a facility that provides emergency services for sex
trafficking victims, including 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) and has been directed by the family court in the
relevant jurisdiction to receive services;
(2) A person who in
good faith alleges that the person is subjected to sex trafficking pursuant to
section 712‑1202;
(3) A person who in
good faith alleges that the person is 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, including but not limited to housing, rehabilitation,
education, vocational, medical, mental-health, or substance-abuse treatment
programs, to sex trafficking victims."
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 July 1, 2018; provided that section 2 shall take effect on January 1, 2019.
Report Title:
Sex Trafficking Emergency Shelter; Department of Human Services; Appropriation
Description:
Allows DHS to establish or contract with a victim service provider to operate and manage a sex trafficking emergency shelter. Provides for tax and fee exemptions. Makes an appropriation. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
