HOUSE OF REPRESENTATIVES

H.B. NO.

2318

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HOMELESS.

 

 

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

 


     SECTION 1.  Housing first, also known as rapid re-housing, is a recent innovation in human-service programs meant to assist homeless individuals.  Housing first is an alternative to a system of emergency shelters and transitional housing progressions.  Rather than moving homeless individuals through different levels of housing on their way to independent living, housing first moves homeless individuals immediately to their own apartments.  By creating a stable housing environment, other issues can be addressed that affect the household, including employment, job training, and health care.

     Homeless individuals, especially the chronically homeless--those with disabilities that include addictions and mental illnesses, are extremely fragile.  Chronically homeless individuals are the least likely of the homeless population to ever reach independent living.

     The purpose of this Act is to establish a five-year housing first pilot program to assist the chronically homeless population.

     SECTION 2.  Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§356D-    Housing first special fund.  (a)  There is established in the state treasury the housing first special fund, into which shall be deposited the designated portion of the conveyance tax under section 247-7.

     Each county may provide matching funds, which shall be deposited into the housing first special fund.

     (b)  Moneys in the housing first special fund shall be administered by the Hawaii public housing authority and shall be used to provide housing first programs and services."

     SECTION 3.  Section 247-2, Hawaii Revised Statutes, is amended to read as follows:

     "§247-2  Basis and rate of tax.  The tax imposed by section 247-1 shall be based on the actual and full consideration (whether cash or otherwise, including any promise, act, forbearance, property interest, value, gain, advantage, benefit, or profit), paid or to be paid for all transfers or conveyance of realty or any interest therein, that shall include any liens or encumbrances thereon at the time of sale, lease, sublease, assignment, transfer, or conveyance, and shall be at the following rates:

     (1)  Except as provided in paragraph (2):

         (A)  [Ten] 10 cents per $100 for properties with a value of less than $600,000;

         (B)  [Twenty] 20 cents per $100 for properties with a value of at least $600,000, but less than $1,000,000;

         (C)  [Thirty] 30 cents per $100 for properties with a value of at least $1,000,000, but less than [$2,000,000;] $1,200,000;

         (D)       cents per $100 for properties with a value of at least $1,200,000, but less than $2,000,000;

        [(D)  Fifty] (E)      cents per $100 for properties with a value of at least $2,000,000, but less than $4,000,000;

        [(E)  Seventy] (F)      cents per $100 for properties with a value of at least $4,000,000, but less than $6,000,000;

        [(F)  Ninety] (G)      cents per $100 for properties with a value of at least $6,000,000, but less than $10,000,000; and

        [(G)  One dollar] (H)      per $100 for properties with a value of $10,000,000 or greater; and

     (2)  For the sale of a condominium or [single family] single-family residence for which the purchaser is ineligible for a county homeowner's exemption on property tax:

         (A)  [Fifteen] 15 cents per $100 for properties with a value of less than $600,000;

         (B)  [Twenty-five] 25 cents per $100 for properties with a value of at least $600,000, but less than $1,000,000;

          (C)  [Forty] 40 cents per $100 for properties with a value of at least $1,000,000, but less than [$2,000,000;] $1,200,000;

          (D)      cents per $100 for properties with a value of at least $1,200,000, but less than $2,000,000;

        [(D)  Sixty] (E)      cents per $100 for properties with a value of at least $2,000,000, but less than $4,000,000;

        [(E)  Eighty-five] (F)      cents per $100 for properties with a value of at least $4,000,000, but less than $6,000,000;

        [(F)  One dollar and ten] (G)      cents per $100 for properties with a value of at least $6,000,000, but less than $10,000,000; and

        [(G)  One dollar and twenty-five] (H)      cents per $100 for properties with a value of $10,000,000 or greater,

of such actual and full consideration; provided that in the case of a lease or sublease, this chapter shall apply only to a lease or sublease whose full unexpired term is for a period of five years or more, and in those cases, including (where appropriate) those cases where the lease has been extended or amended, the tax in this chapter shall be based on the cash value of the lease rentals discounted to [present day] present-day value and capitalized at the rate of six per cent, plus the actual and full consideration paid or to be paid for any and all improvements, if any, that shall include on-site as well as off-site improvements, applicable to the leased premises; and provided further that the tax imposed for each transaction shall be not less than $1."

     SECTION 4.  Section 247-7, Hawaii Revised Statutes, is amended to read as follows:

     "§247-7  Disposition of taxes.  All taxes collected under this chapter shall be paid into the state treasury to the credit of the general fund of the State, to be used and expended for the purposes for which the general fund was created and exists by law; provided that     per cent of all taxes collected under section 247-2(1)(D) to (H) and (2)(D) to (H) shall be deposited into the housing first special fund established under section 356D-   ; and provided further that of the remaining taxes collected each fiscal year:

     (1)  Ten per cent shall be paid into the land conservation fund established pursuant to section 173A-5;

     (2)  Twenty-five per cent from July 1, 2009, until June 30, 2012, and thirty per cent in each fiscal year thereafter shall be paid into the rental housing trust fund established by section 201H-202; and

     (3)  Twenty per cent from July 1, 2009, until June 30, 2012, and twenty-five per cent in each fiscal year thereafter shall be paid into the natural area reserve fund established by section 195-9; provided that the funds paid into the natural area reserve fund shall be annually disbursed by the department of land and natural resources in the following priority:

         (A)  To natural area partnership and forest stewardship programs after joint consultation with the forest stewardship committee and the natural area reserves system commission;

         (B)  Projects undertaken in accordance with watershed management plans pursuant to section 171-58 or watershed management plans negotiated with private landowners, and management of the natural area reserves system pursuant to section 195-3; and

         (C)  The youth conservation corps established under chapter 193."

     SECTION 5.  (a)  The Hawaii public housing authority, in collaboration with the department of human services, shall develop a housing first pilot program and consult with the United States Department of Housing and Urban Development and community housing and homeless groups to develop the housing first pilot program.

     (b)  The housing first pilot program shall be developed according to the following established principles of housing first:

     (1)  Moving chronically homeless individuals into housing directly from streets and shelters, without a precondition of accepting or complying with treatment;

     (2)  Providing robust support services for program participants, predicated on assertive engagement instead of coercion;

     (3)  Continued tenancy shall not be dependent on participation in treatment services;

     (4)  Granting chronically homeless individuals priority as program participants in the pilot program;

     (5)  Embracing a harm-reduction approach to addictions, rather than mandating abstinence, while supporting program-participant commitments to recovery; and

     (6)  Providing program participants with leases and tenant protections as provided by law.

     The Hawaii public housing authority, in collaboration with the department of human services, may contract with housing first consultants to effectuate the purpose of this Act.

     (c)  The housing first pilot program shall incorporate the following:

     (1)  Identification of target populations, specifically chronically homeless individuals;

     (2)  Developing assessments for the chronically homeless population;

     (3)  Developing service components of the housing first pilot program, including:

         (A)  Financial assistance;

         (B)  In-home case management services;

         (C)  Affordable-housing requirements;

         (D)  Landlord cultivation;

         (E)  Housing-placement requirements; and

         (F)  Support services to move program participants toward self-sufficiency.

     (d)  The housing first pilot program shall establish a goal of having at least fifty participants.

     (e)  As used in this Act, "chronically homeless individual" means a homeless individual who has an addiction, mental illness, or both an addiction and mental illness.

     SECTION 6.  The Hawaii public housing authority, in collaboration with the department of human services, shall submit an interim report to the legislature on the progress of the housing first pilot program no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2011.  The Hawaii public housing authority, in collaboration with the department of human services, shall submit a final report to the legislature, including:

     (1)  The total number of participants in the housing first pilot program;

     (2)  The annual costs of the program;

     (3)  The types of support services offered;

     (4)  Information regarding the duration of services required for each individual; and

     (5)  Recommendations for the continuation of the project,

no later than twenty days prior to the convening of the regular session of 2016.

     SECTION 7.  There is appropriated out of the housing first special fund the sum of $        or so much thereof as may be necessary for fiscal year 2010-2011 for the housing first pilot program.

     The sum appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2020, and shall be repealed on June 30, 2016.



Report Title:

Housing First Pilot Program; Conveyance Tax; Appropriation

 

Description:

Establishes a 5-year housing first pilot program developed by the Hawaii Public Housing Authority, in collaboration with the Department of Human Services, to assist chronically homeless individuals.  Increases the conveyance tax by an unspecified amount on properties valued at $1,200,000 and over to fund the housing first special fund.  (HB2318 HD2)

 

 

 

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