Bill Text: HI SB2585 | 2010 | Regular Session | Introduced
Bill Title: Office of Homelessness
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to HMS/EDH, WAM. [SB2585 Detail]
Download: Hawaii-2010-SB2585-Introduced.html
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THE SENATE |
S.B. NO. |
2585 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOMELESS ASSISTANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:
"§356D‑ Office of homelessness; board of homeless programs. (a) There is created the office of homelessness to be placed within the department of human services for administrative purposes. The office of homelessness shall be headed by a director of the office of homelessness, to be appointed by the board of homeless programs without regard to chapter 76 and section 26-34. The compensation of the director of the office of homelessness shall be set by the board of homeless programs.
(b) The office of homelessness shall be headed by a board of homeless programs, to be comprised of five ex-officio voting members as follows:
(1) The superintendent of education or their designee;
(2) The director of human services or their designee;
(3) The chairperson of the board of land and natural resources or their designee;
(4) The executive director of the Hawaii public housing authority; and
(5) One representative of the counties, to be selected by the counties.
(c) The office of homelessness shall be responsible for the administration of this part."
SECTION 2. Section 356D, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Office" means the office of homelessness."
SECTION 3. Section 356D-122, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-122[]] Duties.
(a) In addition to any other power or duty prescribed by law, the [authority]
office shall administer and operate homeless facilities and any other
program for the homeless authorized by this part; establish programs for the
homeless; and take any other actions necessary to effectuate the purposes of
this part.
(b) The [authority] office shall
adopt rules pursuant to chapter 91 for the purposes of this part; provided that
these rules or any rules relating directly to homelessness authorized by any
statute, shall be exempt from the public notice, public hearing, and gubernatorial
approval requirements of chapter 91, and shall take effect immediately upon
filing with the office of the lieutenant governor."
SECTION 4. Section 356D-123, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Any donor who gives money to a provider agency,
to a homeless facility to or through the [authority,] office or
for any other program for the homeless authorized by this part, shall not be
liable for any civil damages resulting from the donation.
(b) Any donor who gives land and improvements,
or who leases land and improvements at a nominal consideration, to a provider
agency, to a homeless facility to or through the [authority,] office
or for any other program for the homeless authorized by this part, shall not be
liable for any civil damages resulting from the donation except as may result
from the donor's gross negligence or wanton acts or omissions; provided that,
if the donor at the time of donation gave the [authority] office
a full accounting of all the dangers concerning the land and improvements known
to the donor, then the donor shall not be liable for any civil damages
resulting from the donation."
2. By amending subsection (d) to read:
"(d) The [authority] office
shall be responsible for inspecting, reviewing, analyzing, qualifying, and
determining that the land, structures, materials, or services donated to the [authority]
office for use by the [authority] office in facilities for
the homeless are reasonably safe for public use."
SECTION 5. Section 356D-124, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-124[]] Contract
or conveyance to the [authority.] office.
Notwithstanding any other law to the contrary, the board of land and natural
resources or other state agency holding lands and improvements, may contract or
otherwise convey at a nominal consideration, by direct negotiation and without
recourse to public auction, the land and improvements, or the management,
operation, and administrative responsibility over the land and improvements, to
the [authority] office or its designee. The land and
improvements shall be used by the [authority] office or its
designee for homeless facilities or for any other program for the homeless
authorized by this part."
SECTION 6. Section 356D-125, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-125[]] Program
administration. To the extent that appropriations are made available, the
[authority] office may contract with a provider agency to administer
homeless facilities, or any other program for the homeless created by this
part. The selection of provider agencies to administer homeless facilities, or
any other program for the homeless authorized by this part, shall not be
subject to chapters 42F, 102, 103, and 103F. The selection of provider
agencies shall be subject to qualifying standards and criteria established by
rule.
In addition, the provider agency shall be
qualified by the [authority] office to operate and manage a
homeless facility, or any other program for the homeless authorized by this
part, pursuant to standards and criteria established by rules for
eligibility."
SECTION 7. Section 356D-126, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-126[]] Time
limits. To the extent that appropriations are made available, a provider
agency shall provide shelter or any other program assistance authorized by this
part to eligible homeless families and homeless individuals not later than two
days, or such time as is set by rule which shall not be later than seven days,
after they apply and qualify for the shelter or other program assistance.
These time limits may be waived at the discretion of the [authority] office
for a maximum period of fourteen days for the purpose of implementing repairs
to the subject shelter, that the [authority] office deems major
or extensive."
SECTION 8. Section 356D-127, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-127[]] Determination
of eligibility and need. (a) The provider agency operating and managing a
homeless facility, or any other program for the homeless authorized by this
part, or the [authority] office operating and managing its own
homeless facility, shall be responsible for determining if an applicant is eligible
for shelter or other services at the homeless facility or through any other
program for the homeless, pursuant to standards and criteria established by
rule.
(b) The provider agency or the [authority]
office operating and managing its own homeless facility shall determine
the degree of need for each homeless family or individual and in its
determination shall consider the resources available and the number of
potential eligible applicants in the area served by the homeless facility or
other program for the homeless authorized by this part.
(c) The [authority] office may
establish by rule standards and criteria for eligibility, need, and priority
for each program; provided that the [authority] office may
establish by rule exceptions to these eligibility requirements based on special
circumstances."
SECTION 9. Section 356D-128, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-128[]] 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
[authority] office 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
through 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 [authority] office or its designee, or provider
agencies together with the [authority,] office, may act to bar
homeless families or individuals from participating further in any homeless
facility, may issue a writ of possession, and take such other actions as
provided by rule.
The enforcement of a writ of possession shall
be effected either by an officer appointed by the [authority,] office
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 [authority] office or its designee, or the provider
agency designated by the [authority,] office, in full possession
thereof.
Upon eviction, the household goods and personal
effects of the 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 [authority]
office or its designee, or the provider agency. If the action is taken,
the [authority] office or its designee, or the provider agency,
shall have a lien on the property so removed for the expenses incurred by it 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 provider agency's agents, the [authority]
office or its designee, or a police officer, shall be guilty of a
misdemeanor; 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
shall only be issued if the person has engaged in unlawful conduct or has
violated house rules and regulations; provided that the warning or request
related to a violation of house rules shall be issued only if that provider
agency, or the [authority] office or its designee, has filed a
copy of its current house rules governing tenancy or participation at the
shelter, facility, or program, and any changes thereto, with the director of
commerce and consumer affairs. The house rules shall be reasonable and a copy
shall be provided to each tenant or participant. The warning or request 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."
SECTION 10. Section 356D-130, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For the purposes of this section, "emergency or transitional shelter volunteer" means an individual who:
(1) Is a tenant at an emergency or transitional shelter administered pursuant to this part;
(2) Is not an employee of the provider agency operating or managing the shelter;
(3) Is under the direction of the provider agency
operating or managing the shelter and not the [authority] office
or the State; and
(4) Provides up to eighty hours of volunteer labor or services per month to the provider agency operating or managing the shelter, notwithstanding payment of stipends or credits for the labor and services."
SECTION 11. Section 356D-131, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-131[]] Annual
performance audits. (a) The [authority] office 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 [authority] office a financial audit and report
on an annual basis 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.
(b) Continuing contracts with provider
agencies to participate in any program for the homeless authorized by this part
shall require that the provider agency address the recommendations made by the
auditing agency, subject to exceptions as set by the [authority.] office.
(c) Failure to carry out the recommendations
made by the auditing agency may be grounds for the [authority] office
to bar a provider agency from further contracts for programs authorized by this
part until the barred provider has addressed all deficiencies."
SECTION 12. Section 356D-134, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-134[]] Homeless
shelter stipends. (a) The stipend limits per shelter unit of zero
bedrooms shall be adjusted by the [authority] office annually on
the first day of July pursuant to standards established by rule which may
consider changes in the cost of operating homeless facilities, the fair market
rents, the consumer price index, or other relevant factors. A "shelter
unit of zero bedrooms" means a living unit that is a studio unit or a
single-room occupancy unit. The homeless shelter stipend at transitional
shelters for larger shelter units shall be related to the difference in unit
size, pursuant to standards established by rule.
(b) The [authority] office may
make or may contract to make homeless shelter stipend payments on behalf of one
or more homeless families or individuals to a provider agency operating or managing
an emergency or transitional shelter or, in the case that the [authority]
office itself operates and manages a homeless facility, to the [authority]
office in amounts and under circumstances as provided by rule. The
contract may specify a minimum total amount of homeless shelter stipends to be
received by a provider agency for making its shelter and services available to
eligible homeless families or individuals, pursuant to rule.
(c) In making homeless shelter stipend
payments to a provider agency, the [authority] office may
establish minimum services to be provided by the provider agency to homeless
families or individuals at the agency's shelter. The [authority] office
may also direct provider agencies to establish and manage a savings account program
as described in subsection (d). Additionally, the [authority] office
may direct provider agencies to subcontract for outreach services from other
private agencies specializing in programs for the unsheltered homeless.
(d) Provider agencies and the [authority]
office may establish and collect shelter and services payments from
homeless families or individuals in addition to the amount received in homeless
shelter stipend payments pursuant to rule. Provider agencies and the [authority]
office may also set aside a portion of the payments in a savings account
to be made available to homeless families or individuals when these families
and individuals vacate the shelter."
SECTION 13. Section 356D-135, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) In
addition to any other duties prescribed by law, the [authority] office
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 [authority] office shall
actively partner with and monitor the efforts of the counties."
2. By amending subsections (c) and (d) to read:
"(c) With
regard to the former Barbers Point Naval Air Station, the [authority] office
shall work with landowners and the local redevelopment authority on the use of
barracks and other facilities located in the Kalaeloa community development
district that are suitable for temporary emergency housing for homeless individuals
and families.
(d) The [authority]
office shall submit an annual report to the legislature detailing the
activities and outcomes under this section no later than twenty days prior to
the convening of each regular session beginning with the 2008 regular session."
SECTION 14. Section 356D-140, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-140[]] Additional
powers. The powers conferred upon the [authority] office by
this part shall be in addition and supplemental to the powers conferred by any
other law, and nothing in this part shall be construed as limiting any powers,
rights, privileges, or immunities conferred."
SECTION 15. Section 356D-143, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-143[]] Hale Kokua
program; established. There is established, within the [authority,]
office, a homeless assistance program known as the Hale Kokua program,
to provide incentives and assistance to private homeowners throughout the State
who set aside existing dwelling units, or construct or renovate dwelling units,
for rental for a period of five years by families or individuals classified as
employed but homeless. The [authority] office shall administer
the Hale Kokua program and adopt the standards and framework necessary to
implement the program."
SECTION 16. Section 356D-144, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-144[]] Powers
and duties. (a) The [authority] office may contract with
private sector agencies to carry out the duties and responsibilities of the
program.
Notwithstanding any other law to the contrary,
any contracts entered into by the [authority] office with a
private sector agency pursuant to this subsection shall not be subject to
chapters 76 and 89."
(b) The duties of the [authority] office
or contracted agency shall include:
(1) Carrying out the requirements of the Hale Kokua program under this subpart;
(2) Developing and adopting the requirements, eligibility, registration, background check, initial screening procedures, and procedures for follow-up after placement to determine the ability to make rental payments and the need for social services and referrals for homeless families and individuals to qualify them as tenants under this program;
(3) Developing and adopting the requirements, qualifications, and registration procedures for property owners who provide rental housing to qualified homeless tenants; provided that priority shall be given to those not requesting construction grants;
(4) Developing appropriate procedures to address potential liabilities of the State;
(5) Adopting procedures to place qualified homeless
tenants with property owners participating in the program. Participating
property owners shall interview and make final tenant selection from lists of
prospective tenants compiled by the [authority] office or the
contracted agency;
(6) Establishing the procedures and requirements for the disbursement of building improvement grants and rental subsidies and the amounts thereof to property owners participating in the program;
(7) Working with the counties to develop and propose uniform incentives to encourage and facilitate the participation of property owners, including real property tax waivers or reductions, and exemptions in zoning or building code requirements which shall be conditioned on participation in the program and which shall lapse when program participation ends;
(8) Monitoring the financial status and progress of homeless tenants and cooperating with other agencies in establishing and coordinating job training and other programs to help tenants to progress toward self-sufficiency;
(9) Promoting and assisting in the development of employer-employee relationships between homeless tenants and participating property owners, including but not limited to tenant caretaker, housekeeper, or groundskeeper employment situations;
(10) Working towards securing financial, in-kind, and administrative assistance from law enforcement and other state and county agencies and the private sector to implement the program;
(11) Working towards securing funding assistance from federal agencies and programs involved in housing development, job-training, or homeless assistance;
(12) Monitoring the progress of the Hale Kokua program, and collecting annual statistics showing the numbers of homeless people, homeless families, and homeless children, using appropriate measurement systems; and
(13) Preparing recommendations to improve and expand the program, including but not limited to incentives for participating property owners to sign up for additional terms."
SECTION 17. Section 356D-145, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The [authority] office
shall limit participation to not more than ten property owners within each
census tract at any given period in time, without regard to the existence or
operation of shelters and other facilities to aid the homeless in the tract.
The [authority] office or contracted agency shall notify
prospective participants registered on the waiting list in each census tract of
the opportunity to participate in the program as these opportunities may arise
in each tract."
SECTION 18. Section 356D-146, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any property owner who withdraws
without just cause from the Hale Kokua program prior to the end of the
five-year period shall return the state grant for construction improvements
within ninety days of the date of withdrawal. The [authority] office
shall effect the recovery of the grant, including but not limited to the filing
of liens against the real property of withdrawing property owners. The [authority]
office shall be awarded reasonable attorneys' fees and costs as
determined by the court in any action brought to enforce this subpart."
SECTION 19. All rights, powers, functions, and duties of the Hawaii public housing authority are transferred to the office of homelessness.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 20. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii public housing authority relating to the functions transferred to the office of homelessness shall be transferred with the functions to which they relate.
SECTION 21. All rules, policies, procedures, guidelines, and other material adopted by the Hawaii public housing authority for purpose of part VII of chapter 356D, Hawaii Revised Statutes, shall remain in full force and affect until adopted, amended, or repealed by the office of homelessness established by this Act.
SECTION 22. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the Hawaii public housing authority shall be deemed assumed for the duration of the deeds, leases, contracts, loans, agreements, permit by the office of homelessness established by this Act.
SECTION 23. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 24. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
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Report Title:
Office of Homelessness
Description:
Establish an Office of Homelessness to assume jurisdiction over homeless assistance from the Hawaii public housing authority; establish a board or governing body with broad participation (DOE, DHS, HPHA, DLNR, C&C).
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
