Bill Text: HI HB2576 | 2018 | Regular Session | Introduced
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2018-01-31 - This measure has been deleted from the meeting scheduled on Friday 02-02-18 10:30AM in conference room 329. [HB2576 Detail]
Download: Hawaii-2018-HB2576-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2576 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that homelessness continues to be one of the State's most significant and challenging social problems. According to the 2017 Hawaii Statewide Homeless Point-in-Time Count conducted in January 2017, there are 7,220 homeless individuals in the State. Homelessness is a complex issue that requires continuous efforts from many stakeholders, including nongovernmental, private organizations, including religious and charitable nonprofit organizations.
The legislature also finds that in many communities, private organizations, including nonprofit organizations, play an important role in providing needed services to the homeless and fill gaps that government agencies are unable to meet. Some private organizations, including nonprofit organizations, are able to contribute by providing shelter on property that they own or control. The provision of shelter is an important and valuable public service that can offer a temporary, stop-gap solution to larger social problems associated with homelessness.
The purpose of this Act is to assist private organizations, including religious, charitable, educational, and other nonprofit organizations, in their efforts to provide shelter to homeless individuals by imposing limits on the actions that a county may take to regulate the provision of shelters by private organizations, including nonprofit organizations.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Homelessness; shelters; private organizations;
prohibitions on county actions. (a) A private organization may provide shelter to
homeless individuals through the creation of a micro-village on property owned
or controlled by the private organization.
(b) A micro-village established under subsection
(a) shall:
(1) Be
temporary and shall not be established for a period of more than three years
from the date of occupancy of the first homeless individual in the
micro-village; provided that, each year after the expiration of the three-year
period, the private organization may request a one-year extension from the
county in which the micro-village is located to continue use of the property
for a micro-village;
(2) Consist
of shelters as provided in subsection (c) with occupancy limited to fewer than
one hundred homeless individuals in total;
(3) Include
shared bathroom and kitchen facilities; and
(4) Provide
access to case management and other social services.
(c) Shelter provided in a micro-village
established under subsection (a) may consist of the following:
(1) Shelter
within buildings located on the property that are already in existence; or
(2) Shelters
constructed on undeveloped portions of the property specifically for the
housing of homeless individuals that do not exceed three hundred square feet of
living space per shelter and which may be or include converted shipping
containers.
(d) No county shall enact any ordinance or take
other action that:
(1) Imposes
conditions on shelters provided in a micro-village authorized by subsection (a)
other than those conditions necessary to protect public health and safety;
provided that the conditions imposed do not substantially burden the decisions
or actions of a private organization regarding the location of the shelter on
the private organization's property;
(2) Requires
a private organization to indemnify or insure the county against liability with
respect to homeless individuals housed on the private organization's property;
or
(3) Imposes
permit fees in excess of the actual costs associated with the review and
approval of the required permit applications.
(e) As used in this section:
"Private organization"
means a nongovernmental, for-profit organization or nonprofit organization.
"Nonprofit
organization" means an organization, whether incorporated or
unincorporated, that:
(1) Is registered
with the State;
(2) Owns or
controls real property;
(3) Is
organized and operated for religious, charitable, educational, or other
nonprofit purposes; and
(4) Is
recognized by the Internal Revenue Service as a charitable or otherwise
tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of
1986, as amended.
(f) No county agency or county employee shall be
liable for:
(1) Any
injury or damage arising from a decision to permit the sheltering of homeless
individuals as provided in this section; or
(2) Any conduct or unlawful activity that may occur as a result of sheltering homeless individuals as provided in this section."
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 2018-2019 for the department of human services to assist private organizations, including nonprofit organizations, that provide shelter in a micro-village created pursuant to section 2 of this Act by providing case management, workforce training, educational training, and other social services.
The sum
appropriated shall be expended by the department of human services for the
purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2018
INTRODUCED BY: |
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Report Title:
Counties; Private Organizations; Nonprofit Organizations; Homeless; Shelters
Description:
Authorizes private organizations to provide shelter to homeless individuals at micro-villages on the organizations' private property. Limits county authority to restrict micro-villages and county liability relating to micro-villages. Appropriates funds to DHS for social services in micro-villages.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.