SB515 HD1.DOC

PART I

SECTION 1. The legislature finds that homelessness continues to be one of the State's most significant and challenging social problems. The legislature further finds that according to a recent report, fourteen thousand two hundred individuals who are homeless were served through shelter and outreach programs in fiscal year 2011. Of these individuals, 9,781 resided in the city and county of Honolulu. The legislature also finds that homeless service providers estimate that six thousand homeless people in the State need shelter each night.

The legislature additionally finds that homelessness is a complex issue that requires continuous resources and coordinated efforts at all levels. The legislature also finds that persons experiencing homelessness face a myriad of issues, including mental illness, substance abuse, loss of employment and income, and a lack of affordable housing. Appropriate funding for programs and services tailored to address these issues is essential.

The purpose of this part is to better assist individuals facing or experiencing homelessness by funding various homeless and housing programs.

SECTION 2. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the homeless programs office of the department of human services to assist families experiencing and at risk of experiencing homelessness with housing placement and employment services.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for clean and sober housing support services to be administered by the alcohol and drug abuse division of the department of health.

The sums appropriated shall be expended by the department of health for the purposes of this part.

PART II

SECTION 4. The legislature finds that housing first programs are a collaborative effort between the department of human services and the United States Department of Housing and Urban Development that provides housing and support services for chronically homeless individuals, including those who have an addiction or mental illness, or both. The principles of housing first programs include:

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

(2) Providing robust support services for program participants that are predicated on assertive engagement rather than coercion;

(3) Granting chronically homeless individuals priority as program participants in housing first programs;

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

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

The housing first programs in the State closely resemble the requirements of the United States Housing and Urban Development shelter plus care program and the Veterans Administration veteran's assisted supportive housing voucher program for homeless veterans. In its December 2011 report to the legislature pursuant to section 346-378, Hawaii Revised Statutes, the department of human services reported that the State has six hundred fifty-eight permanent housing placements plus support services through the shelter plus care and veteran's assisted supportive housing voucher programs.

The purpose of this part is to appropriate funds to the department of human services to support the State's housing first programs in assisting Hawaii's chronically homeless who are often the most vulnerable, most visible, and most difficult to serve.

SECTION 5. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to be deposited to the credit of the housing first special fund established under section 346-377, Hawaii Revised Statutes, for the department of human services to continue to administer housing first programs for chronically homeless individuals in the State.

SECTION 6. There is appropriated out of the housing first special fund the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the department of human services to continue to administer housing first programs for chronically homeless individuals in the State.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

PART III

SECTION 7. The shelter plus care program of the United States Department of Housing and Urban Development provides rental assistance in connection with supportive services. The program provides a variety of permanent housing choices, accompanied by a range of supportive services funded through other sources. The program assists hard-to-serve homeless individuals with disabilities and their families. These individuals primarily include those with serious mental illness, chronic problems with alcohol and drugs, and HIV, AIDS, or related diseases.

There are four components to the shelter plus care program: single room occupancy component — moderate rehabilitation for single-room occupancy dwellings; sponsor-based rental assistance component; project-based rental assistance component; and tenant-based rental assistance component. Under all components, supportive services must be available to meet the needs of participants. Similar to many other federal programs, the shelter plus care program has a match requirement. Applicants must match the aggregate amount of shelter plus care rental assistance with supportive services. This ensures that appropriate and timely services will be available to meet the needs of individual participants.

The purpose of this part is to provide matching funds for the shelter plus care program.

SECTION 8. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for matching funds for the shelter plus care program of the United States Department of Housing and Urban Development.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

PART IV

SECTION 9. The legislature finds that many homeless persons are known to thrive better when they have ready access to familiar support groups or family members. The intent of the return-to-home program is to ensure that those individuals who find themselves homeless in the islands are able to reconnect with support networks ready and able to receive them.

The purpose of this part is to establish a return-to-home program for eligible homeless individuals.

SECTION 10. Chapter 346, Hawaii Revised Statutes, is amended by adding two new sections to part XVII to be appropriately designated and to read as follows:

"§346-A Return-to-home program. (a) There is established within the department, a voluntary homeless assistance program to be known as the return-to-home program to provide eligible homeless individuals with assistance in being reunited with family and relatives in the individual's home state. The department shall contract with eligible non-profit organizations, for profit organizations, and foundations to administer the program.

(b) No individual who is homeless shall be eligible to participate in the return-to-home program unless:

(1) The individual's participation is completely voluntary;

(2) The individual, if on parole, probation, or awaiting a court hearing or sentencing, has proper clearance from the court to participate in the program; and

(3) The individual is indigent and lacks the financial resources necessary to secure transportation to return to the individual's home state.

(c) An individual may participate in the return-to-home program only once and shall sign an agreement to this effect before participating in the program. The agreement shall be kept on file with the program.

(d) The program shall actively seek the participation of local airlines, cruise lines, charter companies, homeless programs, travel agencies, and the visitor industry to coordinate and implement the return-to-home program.

(e) The program shall assist return-to-home program participants with necessary and proper preparations for travel, including obtaining proper identification, accessing public transportation to the airport, providing orientation relating to airport security, and ensuring sufficient personal hygiene.

§346-B Return-to-home special fund. (a) There is established in the state treasury the return-to-home special fund, into which shall be deposited:

(1) Appropriations by the legislature to the special fund; and

(2) Gifts, donations, and grants from public agencies, non-profit organizations, for profit organizations, foundations, and private persons.

Each county may provide matching funds, which shall also be deposited into the return to home special fund.

(b) Moneys in the return-to-home special fund shall be administered and expended by the department of human services and shall be used to provide return-to-home programs and services."

SECTION 11. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to be deposited to the credit of the return-to-home special fund established pursuant to section 346-B, Hawaii Revised Statutes.

SECTION 12. There is appropriated out of the return-to-home special fund the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for implementation of the return-to-home program, including all program costs and hiring of necessary staff.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

PART V

SECTION 13. The legislature finds that homelessness continues to be one of the State's most significant and challenging social problems. The number of homeless persons in the State, estimated to be approximately six thousand on any given day, is indicative of the limited shelter space available.

The legislature further finds that new and innovative solutions are needed to address the homelessness crisis. Oregon, for example, has adopted laws that authorize political subdivisions to allow religious institutions to offer overnight camping space for homeless persons living in vehicles. Similarly, Santa Barbara, California, has instituted a program that allows private organizations to use county-owned parking lots to provide overnight sleeping space for homeless persons with vehicles.

The purpose of this part is to authorize the department of human services, in consultation with the counties, the Hawaii community development authority, and public or private homeless assistance programs, to develop temporary nighttime parking lots to provide safe overnight locations for homeless persons who would otherwise sleep in their vehicles parked on private or public roads or property. It is the legislature's intent that this program supplement existing policies and initiatives regarding the State's homeless population.

SECTION 14. Section 346-375, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-375[]] Temporary emergency shelter[.]; temporary nighttime parking lots. (a) In addition to any other duties prescribed by law, the department shall develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals and families. The department shall actively partner with and monitor the efforts of the counties.

(b) Each county shall be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters. The designated locations may include private, county, state, and federal lands.

(c) The department, in consultation with the mayor of the applicable county, the Hawaii community development corporation, and any interested public or private homeless assistance programs, may designate in each county temporary nighttime parking lots that will be used to provide safe overnight parking for homeless individuals who live and sleep in their motor vehicles and who would otherwise park overnight on public or private roads or property. To accommodate regular public parking daily from 6:00 a.m. to 7:00 p.m., nighttime parking for homeless persons at these designated parking lots shall be allowed daily from 7:00 p.m. to not later than 6:00 a.m. the next day. The department shall adopt rules in accordance with chapter 91 to implement this subsection, including rules:

(1) Setting forth procedures to screen potential homeless individuals; and

(2) Prohibiting alcohol or drug use by individuals using temporary nighttime parking lots."

SECTION 15. 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 2013-2014 for the designation of temporary nighttime parking lots to provide safe overnight locations for homeless individuals who live and sleep in their motor vehicles and who would otherwise park overnight on public or private roads or property.

The sum appropriated shall be expended by the department of human services for the purposes of this part.

PART VI

SECTION 16. The legislature finds that in spite of efforts by government and nonprofit organizations to provide overnight shelter to homeless persons, many do not use homeless shelters due to mental illness, drug addiction, an inability to conform to shelter rules, or other reasons. There are still many homeless persons who sleep in public parks, along sidewalks, and other similar areas, which creates a concern for the State's vital visitor industry.

The purpose of this part is to appropriate funds to establish two types of safe haven programs, one with durational restrictions and one without, for persons who are homeless, using designated surplus or available open or vacant locations owned by the State.

SECTION 17. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to establish safe havens with durational restrictions for persons who are homeless, using surplus or available open or vacant locations; provided that the funds shall be used for safe haven facilities and uses including:

(1) Providing pavilions with open walls and overhead shelter;

(2) Providing showers and toilets;

(3) Providing potable water;

(4) Providing coin-operated clothes washing machines and clothes drying machines;

(5) Providing lockers;

(6) Providing personnel for minimum security; and

(7) Maintaining the locations designated to serve as safe havens for persons who are homeless;

provided further that camping at safe haven sites shall be permitted only at night and each homeless person shall be permitted to have a limited amount of possessions and a maximum of one pet, as determined to be appropriate by the department of human services. The department of human services shall adopt rules pursuant to chapter 91 for purposes of implementing this part.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

SECTION 18. 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 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to establish safe havens without durational restrictions for persons who are homeless, using surplus or available open or vacant locations; provided that the funds shall be used for safe haven facilities and uses including:

(1) Providing pavilions with open walls and overhead shelter;

(2) Providing showers and toilets;

(3) Providing potable water;

(4) Providing coin-operated clothes washing machines and clothes drying machines;

(5) Providing lockers;

(6) Providing personnel for minimum security; and

(7) Maintaining the locations designated to serve as safe havens for persons who are homeless;

provided further that camping at safe haven sites shall be permitted twenty four hours a day, seven days a week, and each homeless person shall be permitted to have a limited amount of possessions and a maximum of one pet, as determined to be appropriate by the department of human services. The department of human services shall adopt rules pursuant to chapter 91 for purposes of implementing this part.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

PART VII

SECTION 19. In codifying the new sections added by section 10 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 21. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	515
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 2
STATE OF HAWAII		H.D. 1