THE SENATE

S.B. NO.

270

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to homelessness.

 

 

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 part XVII be appropriately designated and to read as follows:

     "§346-    Participant rights; provider agency.  (a)  A provider agency or the department operating and managing its own homeless facility shall:

     (1)  Provide participation in an emergency shelter or any other program for the homeless for a fee of not more than $75; provided that:

         (A)  Participation in an emergency shelter or any other program for the homeless shall be free for any participant who is unemployed; and

         (B)  Any fees paid by a participant for participation in an emergency shelter or any other program for the homeless shall be refunded to the participant within ten business days after the participant leaves, is evicted from, or becomes ineligible for participation in an emergency shelter or any other program for the homeless;

     (2)  Post in a conspicuous place and provide each participant a poster no smaller than eight and one-half inches by eleven inches in size that states the house rules for participating in the homeless facility; and

     (3)  Upon request by a participant in a homeless facility or any other program for the homeless, provide access to banking information for any account managed by a participant's representative payee, including account balances, deposits, and withdrawals.

     (b)  Any provider agency who wilfully and knowingly fails, neglects, or refuses to perform any act required by this section shall be fined not more than $1,000 for each separate violation.  Each day the violation continues shall constitute a separate violation.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.  Fines collected pursuant to this section shall be deposited into the housing first special fund.

     SECTION 2.  Section 346-361, Hawaii Revised Statutes, is amended as follows:

     1.   By adding four new definitions to be appropriately inserted and to read as follows:

     ""Hearings officer" means any person or panel of persons, duly appointed and authorized by the department to hold a hearing for the purpose of taking evidence or oral argument and making a decision in any matter concerning participants in a homeless facility or any other program for the homeless subject to this part.

     "House rules" means rules that provide for the internal management of a homeless facility and that participants are required to follow.

     "Notice of cause" means a notice by the department, or provider agency together with the department, to bar an individual or family from further participation in a homeless facility or any other program for the homeless.

     "Participant" means a homeless individual or family that is determined to be eligible for and receives shelter or services in any program for the homeless authorized by this part."

     2.   By amending the definition of "transitional shelter' to read:

     ""Transitional shelter" means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for up to [twenty-four] forty-eight months, pursuant to rule."

     SECTION 3.  Section 346-368, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§346-368[]]  Abuse of assistance.  (a)  The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining whether a participant is no longer eligible for shelter or other services at the homeless facility or for any other program for the homeless, pursuant to standards and criteria established by rule.

     (b)  Pursuant to rule and the right of due process, the department or its designee, or provider agencies together with the department, may act to bar homeless families or individuals from participating further in any homeless facility or services[, may issue a writ of possession,] and take [other] actions, other than the issuance of a writ of possession, as provided by rule.

     [The enforcement of a writ of possession shall be effected either by an officer appointed by the department, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ.  The person enforcing the writ shall remove all persons from the premises and put the department or its designee, or the provider agency designated by the department, in full possession thereof.]

     Upon eviction, the household goods and personal effects of the evicted person [against whom the writ is entered,] and those of any persons using the premises incident to the person's holding, may be removed from the premises immediately [and sold or otherwise disposed of by the department or its designee or the provider agency.  The department or its designee or the provider agency shall have a lien on the property so removed for the expenses incurred in moving the property].

     (c)  Any person who enters or remains unlawfully in or upon the premises or living quarters of any homeless facility or any other program for the homeless authorized by this part, after [reasonable warning or request to leave by that] receiving a notice of cause from the provider [agency's agents,] agency, or the department or its designee, [or a police officer,] shall be guilty of a [misdemeanor;] violation; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code.  A [warning or request] notice of cause shall only be issued if the person has engaged in unlawful conduct or [has] repeatedly violated house rules and [regulations.] been provided with information on how to appeal the decision to a hearings officer.  [The house rules shall be reasonable and a copy shall be provided to each tenant or participant.]  The [warning or request] notice of cause shall supersede any invitation by a tenant or participant at the shelter, facility, or program to that person to visit the premises or living quarters.  The provider agency, or the department or its designee, shall create and maintain records of any notice of cause issued pursuant to this section.

     (d)  An appeal may be made in person or in writing to the department not more than thirty days after the receipt of a notice of cause.  The record of issuance of notice of cause required under subsection (c) shall be a required element of a finding of ineligibility for services or violation under this section." 

     SECTION 4.  Section 346-371, Hawaii Revised Statutes, is amended as follows:

     1.   By amending subsection (a) to read:

     "(a)  The department shall require any provider agency that dispensed shelter or assistance for any homeless facility or any other program for the homeless authorized by this part to submit to the department a financial audit and report when requested, but no [later] less than every three years.  The audit shall be conducted by a certified public accounting firm.  This audit and report shall contain information specific to the funds received under state homeless program contracts.  The audit shall include recommendations to address any problems found."

     2.   By amending subsection (c) to read:

     "(c)  Failure to carry out the recommendations made by the auditing agency [may] shall be grounds for the department to bar a provider agency from further contracts for programs authorized by this part [until the barred provider has addressed all deficiencies]."

     SECTION 5.  Section 346-377, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established in the state treasury the housing first special fund, into which shall be deposited:

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

     (2)  Fines collected pursuant to section 346-   ; and

    [(2)] (3)  Gifts, donations, and grants from public agencies and private persons.

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

     SECTION 6.  Section 291C-112, Hawaii Revised Statutes, is repealed.

     ["§291C-112  Certain uses of parked vehicles prohibited between 6:00 p.m. and 6:00 a.m.; definition; exceptions.  (a)  No person shall use any vehicle for purposes of human habitation, whether or not the vehicle is designed or equipped for that purpose, while the vehicle is parked on any roadway, street, or highway or other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private property without authorization of the owner or occupant authorizing both the parking of the vehicle there and its use for purposes of human habitation.

     (b)  As used in this section "purposes of human habitation" includes use as a dwelling place, living abode, or sleeping place.

     (c)  This section does not apply to the parking of vehicles and their use for purposes of human habitation in parks, camps, and other recreational areas in compliance with law and applicable rules and regulations, or under emergency conditions in the interest of vehicular safety.

     (d)  The department of health shall promulgate rules and regulations, pursuant to chapter 91, necessary for the administration of this section."]

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Homeless Facilities and Programs; Habitation in a Parked Vehicle

 

Description:

Establishes participant rights for homeless facilities.  Increases the accommodation period at a transitional shelter to 48 months.  Amends the requirements for eviction or exclusion from a homeless facility or program.  Repeals the prohibition on using a parked vehicle for human habitation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.