Bill Text: HI SB588 | 2018 | Regular Session | Amended
Bill Title: Relating To Homelessness.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB588 Detail]
Download: Hawaii-2018-SB588-Amended.html
THE SENATE |
S.B. NO. |
588 |
TWENTY-NINTH LEGISLATURE, 2017 |
S.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:
SECTION 1. Act 234, Session Laws of Hawaii 2016, is amended by amending section 1 to read as follows:
"SECTION 1. The purpose of this Act is to address homelessness.
The legislature finds that homeless families
and individuals deserve shelter and the general public deserves safe and clean
sidewalks, parks, schools, and other public facilities. Achieving both
objectives requires a strategy of making available emergency and transitional
shelters that appeal to homeless families and individuals and enforcing state
and county trespass and anti-nuisance statutes and ordinances. The shelters
are intended to make space available to homeless families and individuals
displaced from public sidewalks, parks, schools, and other public facilities by
the enforcement of statutes and ordinances that prohibit camping or habitation
in those areas[.] as well as those who have been previously housed
and have lost their housing due to unforeseen circumstances.
This Act is intended to address the first part of the strategy: to make available more emergency and transitional shelter space funded in a cost-effective manner. More specifically, this Act:
(1) Provides that emergency shelters shall comply
with certain minimum requirements that meet basic needs and preferences of
homeless families and individuals[. By doing so, the legislature intends
that the shelters be more appealing to homeless families and individuals];
provided that those changes do not actually reduce the number of people that
can be sheltered in each facility;
(2) Requires homeless shelter stipend payments to be
made [based on performance measures that are actually achieved. The
legislature intends that this requirement incentivize emergency and
transitional shelter providers to actually provide shelter to more homeless
families and individuals;
(3) Repeals the automatic annual adjustment
of the homeless stipend amount. The legislature intends that any adjustment of
the stipend amount shall be subject to the contract between the department of
human services and the provider agency;] with a goal of achieving
performance measures;
(3) Stipulates a review of shelter outcomes at the close of each year in an effort to build accountability. Achievement of targeted outcomes will result in incentivized payments to the shelter provider while failure to meet outcomes may result in a downward payment adjustment in the subsequent year;
(4) Revises existing provisions on the establishment and collection of shelter and service payments by a provider agency from homeless families and individuals; and
(5) Requires each provider agency to submit a financial audit to the department at least annually."
SECTION 2. Section 346-361, Hawaii Revised Statutes, is amended by amending the definition of "emergency shelter" to read as follows:
""Emergency shelter" means a
homeless facility designed to provide temporary shelter and appropriate and
available services to homeless families or individuals [for a specified
period of time who are not able to stay in a transitional shelter or reside in
a dwelling unit]."
SECTION 3. Section 346-374, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The
department may make or may contract to make homeless shelter stipend payments
to a provider agency operating or managing an emergency or transitional
shelter. Under each contract, the department [shall pay] may adjust
homeless shelter stipends [only for] at the end of each year based
upon performance measures actually achieved by the provider agency, such as
the number of homeless families or individuals actually provided with shelter
and appropriate services at the emergency or transitional shelter. The
contract also may include provisions for the automatic adjustment of the
homeless shelter stipend amounts, depending on factors agreed to by the
department and provider agency.
(b) In making
homeless shelter stipend payments to a provider agency, the department may
establish minimum services [to be provided by] with input from
the provider agency [to homeless families or individuals at the provider
agency's shelter. The department may also direct provider agencies to
establish and manage a savings account program as described in subsection (c).
Additionally, the department may direct provider agencies to subcontract for
outreach services from other private agencies specializing in programs for the
unsheltered homeless]."
SECTION 4. Section 346-374.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The department shall require an emergency shelter to comply with the following:
(1) The shelter shall have the number of showers and
bathrooms that [the department deems appropriate and sufficient for the
number of homeless families or individuals that use the shelter and the
capacity of the shelter.] meet the needs of the population but no fewer
than one shower, one sink, and one toilet per twenty-five residents. The
showers and bathrooms may be part of the shelter building or portable and
unattached to the shelter building;
(2) The shelter [shall] may have
partitioned space for each homeless family or individual that provides
separation from other homeless families or individuals in the shelter. The
minimum area of the partitioned space [and height of the partition]
shall be determined by [the department and may differ among transitional
shelters, according to] the number of homeless families or individuals that
use the shelter and the capacity of the shelter. A shelter that provides
separate rooms or portable dwelling units for homeless families or individuals,
including converted shipping containers or school classrooms, shall be deemed
to exceed this minimum requirement; and
(3) The shelter shall provide storage for the
personal possessions of each homeless family or individual served by the shelter.
The storage shall be securable by the homeless family or individual. The type
and number of the storage equipment, space, or area shall be determined by [the
department.] space availability of the individual shelter.
(c) [The department may require an
emergency shelter to comply with any other requirements that the department
deems appropriate or necessary. The requirements established by the department
may vary among emergency shelters.] Realizing that the objective of
emergency shelters is to enable shelter residents to successfully obtain
permanent housing, the department shall work with shelter management to ensure
that residents receive needed services."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2017.
Report Title:
Homeless Shelters; Requirements
Description:
Defines emergency shelter to mean a homeless facility designed to provide temporary shelter and services to homeless families or individuals. Allows homeless shelter stipends to be adjusted at the end of each year based upon achievement of performance measures. Requires homeless shelters to have no fewer than one shower, one sink, and one toilet per twenty-five residents and the minimum area of each partitioned space to be determined by the number of residents and capacity of the shelter. Authorizes, rather than mandates, that emergency shelters have partitioned space for each homeless family or individual that provides separation from other homeless families or individuals in the shelter. Establishes that the storage space at a homeless shelter shall be determined by each shelter's space availability. Removes DHS's authority to require shelters to comply with additional requirements. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.