Bill Text: HI SB589 | 2017 | Regular Session | Amended

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Bill Title: Relating To The Houseless Bill Of Rights.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-02-17 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDL. [SB589 Detail]

Download: Hawaii-2017-SB589-Amended.html

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THE SENATE	S.B. NO.	589
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE HOUSELESS BILL OF RIGHTS.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Houseless BIll of Rights

     §   -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Houseless" means:

     (1)  Lacking a fixed, regular, and adequate night-time residence; or

     (2)  Having a primary night-time residence that is:

         (A)  A supervised 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.

"Houseless" does not include being imprisoned or otherwise detained under an act of Congress or a state law.

     "Life-sustaining activities" includes but is not limited to eating, sleeping, standing, sitting, and using and moving freely in a public space.

     §   -2  Purpose.  The purpose of this chapter is to ameliorate adverse effects on persons when they lack a home.

     §   -3  Houseless bill of rights; findings.  The legislature finds that no person's rights, privileges, or access to public services may be denied solely because a person is houseless, and a houseless person should be granted the same rights as any other person.

     §   -4  Bill of rights.  (a)  The houseless bill of rights includes the following guarantees to houseless persons:

     (1)  The right to engage in life-sustaining activities, including the right to use and move freely in public spaces, including but not limited to public sidewalks, public parks, public transportation, and public buildings, in the same manner as any other person without discrimination on the basis of housing status;

     (2)  The right to equal treatment by all state and county agencies without discrimination on the basis of housing status;

     (3)  The right to access fair housing and equal employment opportunity without discrimination due to the lack of a permanent mailing address or the fact that the person's mailing address is the mailing address of a shelter or social service provider;

     (4)  The right to emergency medical care free from discrimination on the basis of housing status;

     (5)  The right to vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination on the basis of housing status;

     (6)  The right to protection from disclosure of records and information, without proper legal authority, and the right to confidentiality of records and information in accordance with the Federal Homeless Management Information System, the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.), and the Federal Violence Against Women Act (42 U.S.C. 13701 et seq.);

     (7)  The right to a reasonable expectation of privacy in personal property, including but not limited to identification, food, water, medication, and all objects necessary for life-sustaining activities, such as clothing, blankets, pillows, and backpacks, to the same extent as personal property in a permanent residence;

     (8)  The right to access temporary and permanent shelters without discrimination on the basis of any protected class;

     (9)  The equal opportunity to have access to public hygiene facilities and live in decent, safe, sanitary, and healthful accommodations, regardless of housing status, but not including access to environmentally sensitive areas; and

    (10)  Action by the State, a county, or private organization shall not impede an individual's ability to maintain access to services essential to survival, including but not limited to medical services, shelter, food, and water; provided that as used in this paragraph, "action by the State" shall not include law enforcement activities and efforts to promote health, safety, and welfare.

     (b)  The rights afforded to houseless persons to ensure that their person, privacy, and property are safeguarded and protected as set forth in this chapter are available only insofar as they are implemented in accordance with other state or county laws, state rules and regulations, federal law, and the constitutions of the State and the United States."

     SECTION 2.  This Act shall take effect on July 1, 2017.

 

 

 

Report Title:

Houseless Bill of Rights

 

Description:

Defines specific rights granted to a person who is houseless including equal access to housing, jobs, and shelters, equal treatment by government agencies, and access to life-sustaining activities and essential services.  (SD1)

 

 

 

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