Bill Text: HI HB1171 | 2017 | Regular Session | Introduced
Bill Title: Relating To Homelessness.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2017-02-10 - The committee(s) on HUS recommend(s) that the measure be deferred. [HB1171 Detail]
Download: Hawaii-2017-HB1171-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1171 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to homelessness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 234, Session Laws of Hawaii 2016, was enacted with the best of intentions, but has resulted in unintended negative consequences. The original goal of Act 234 was to establish certain minimum requirements for homeless shelters so that the shelters would be more appealing to homeless people than the streets, sidewalks, and parks. Act 234 also based homeless shelter stipend payments on the performance of a shelter. Unfortunately, Act 234 made the operation of homeless shelters more costly and caused the closure of some shelters. Thus, the Act caused more homeless people to return to the streets, sidewalks, and parks.
Accordingly, the purpose of this Act is to repeal the provisions of Act 234, Session Laws of Hawaii 2016, that had negative impacts on homeless shelters.
SECTION 2. Act 234, Session Laws of Hawaii 2016, is amended as follows:
1. By repealing section 2.
["SECTION 2.
Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to
part XVII to be appropriately designated and to read as follows:
"§346-
Emergency shelter; minimum requirements. (a) This section shall apply to
every emergency shelter operated by a provider agency that is under contract
with the department to receive homeless shelter stipends for providing shelter
and services to homeless families or individuals at the emergency shelter.
(b) The department
shall require an emergency shelter to comply with the following:
(1) The shelter shall have the number of
showers and bathrooms that the department deems appropriate and sufficient for
the number of homeless families or individuals that use the shelter and the
capacity of the shelter. The showers and bathrooms may be part of the shelter
building or portable and unattached to the shelter building;
(2) The shelter shall have partitioned
space for each homeless family or individual that provides separation from
other homeless families or individuals in the shelter. The minimum area of the
partitioned space and height of the partition shall be determined by the
department and may differ among transitional shelters, according to the number
of homeless families or individuals that use the shelter and the capacity of
the shelter. A shelter that provides separate rooms or portable dwelling units
for homeless families or individuals, including converted shipping containers
or school classrooms, shall be deemed to exceed this minimum requirement; and
(3) The shelter shall provide storage for
the personal possessions of each homeless family or individual served by the
shelter. The storage shall be securable by the homeless family or individual.
The type and number of the storage equipment, space, or area shall be
determined by the department.
(c) The department may
require an emergency shelter to comply with any other requirements that the
department deems appropriate or necessary. The requirements established by the
department may vary among emergency shelters.
(d) A provider agency
contracted to operate or manage an emergency shelter not owned by the
department shall comply with the minimum requirements of subsection (b). The
provider agency shall bear all costs of compliance, unless the department
provides or contributes state funding assistance; provided that the state
funding assistance shall be:
(1) In addition to homeless shelter
stipends paid to the provider agency under section 346-374;
(2) Subject to the availability of
legislative appropriations; and
(3) Recoverable, in whole or part, by the
department if the provider agency does not perform satisfactorily under or for
the duration of the term of its contract with the department to operate or
manage the shelter.
(e) Any emergency
shelter owned by the department shall comply with the minimum requirements
under subsection (b), regardless of whether the department contracts with a
provider agency to manage or operate the emergency shelter."]
2. Repealing section 5.
["SECTION 5.
Section 346-374, Hawaii Revised Statutes, is amended to read as follows:
"[[]§346-374[]] Homeless shelter
stipends. [(a) The stipend limits per shelter unit of zero
bedrooms shall be adjusted by the department 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 proportional to the difference in unit size.
(b)] (a) The department 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, if the department itself
operates and manages a homeless facility, to the department 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]. Under each contract, the department shall pay homeless
shelter stipends only for performance measures actually achieved by the
provider agency, such as the number of homeless families or individuals
actually provided with shelter and appropriate services at the emergency or
transitional shelter. The contract also may include provisions for the
automatic adjustment of the homeless shelter stipend amounts, depending on
factors agreed to by the department and provider agency.
[(c)] (b) In making homeless shelter
stipend payments to a provider agency, the department may establish minimum
services to be provided by the provider agency to homeless families or
individuals at the provider agency's shelter. The department may also direct
provider agencies to establish and manage a savings account program as
described in subsection [(d).] (c). Additionally, the department may
direct provider agencies to subcontract for outreach services from other
private agencies specializing in programs for the unsheltered homeless.
[(d) Provider agencies and] (c) When
authorized under a contract with the department, a provider agency
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]. To the extent possible, the shelter and
service payment amounts established and collected by a homeless facility, other
than an emergency shelter, shall be based on the homeless families' and
individuals' ability to pay. If collection of payments based on ability to pay
is too difficult, costly, or inefficient for the provider agency, the payment
amounts may be based on other criteria authorized under the contract or waived
partially or entirely.
Provider agencies and the department 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.
(d) Any state funding assistance
provided to a provider agency for compliance with the minimum requirements
under section 346- (b) shall be in addition to homeless
shelter stipends paid to the provider agency."]
3. By repealing section 6.
["SECTION 6. (a) For the purpose of
this section, "emergency shelter", "provider agency", and
"transitional shelter" mean the same as defined under section
346-361, Hawaii Revised Statutes.
(b) Each contract that takes effect after
June 30, 2017, between the department of human services and a provider agency
for the operation or management of an emergency or transitional shelter shall
comply with this Act. This requirement shall apply whether the contract is entered
into, renewed, or extended before or after June 30, 2017.
(c) Beginning July 1, 2016, the department
of human services shall work with provider agencies to implement this Act."]
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect on June 30, 2017.
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INTRODUCED BY: |
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Report Title:
Homelessness; Homeless Shelters; Minimum Standards; Stipend Payments; Act 234, Session Laws of Hawaii 2016; Provisions; Repealed.
Description:
Repeals provisions of Act 234, Session Laws of Hawaii 2016, pertaining to minimum standards for homeless shelters and homeless shelter stipend payments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
