Bill Text: HI SB1314 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Native Hawaiian Health Care.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB1314 Detail]

Download: Hawaii-2018-SB1314-Introduced.html

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THE SENATE	S.B. NO.	1314
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO NATIVE HAWAIIAN HEALTH CARE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Native Hawaiians are more likely to develop chronic disease and die an average of ten years earlier than people of other ethnic groups in Hawai‘i.  Native Hawaiians have among the highest rates of obesity, hypertension, diabetes, cardiovascular and cerebrovascular diseases, and certain cancers.  Nationally, Native Hawaiians have among the highest mortality rates.  Studies find that many Native Hawaiians feel alienated from the health care system and have a mistrust toward and reluctance in seeking care, preferring more culturally-acceptable means to managing their health.

     The legislature further finds that the Hawaiian culture is used as a major driver for tourism in the islands.  Many hotels incorporate the Aloha spirit, local entertainers, and native imagery in the form of paintings and photography to welcome worldwide visitors.  By generously sharing the Hawaiian culture with many tourists, it is the right thing to do for the tourism industry to give back a portion of the revenue generated to the Hawaiian people.  Moreover, millions of tourists visit the Hawaiian Islands annually.  In 2015, a record of 8,600,000 visitors came to Hawai‘i.  Lodging is the largest expenditure category for visitors, spending $6,300,000,000 in 2015. 

The legislature further finds that the transient accommodations tax is a 9.25 per cent tax levied on gross rental income derived from renting living accommodations to a transient for one hundred eighty consecutive days or fewer.  In fiscal year 2015, the transient accommodations tax generated $421,000,000.  Portions of the transient accommodations tax are allocated to the counties and various special funds relating to tourism and conservation.  The remainder is deposited into the general fund.

     To address Native Hawaiian health issues, S.R. No. 60, S.D. 1, regular session of 2014, created a Native Hawaiian Health task force, to specifically improve the health of Native Hawaiians with implications for other Pacific Islanders and all people of Hawai‘i.  The goal of the task force was to articulate priority areas to advance health equity for Native Hawaiians, and in turn, the health of Hawai‘i's entire population.  The framework and recommendations discussed by the task force were embraced by community members, agencies, government, and individuals in addition to those who view themselves as native-serving institutions.  This work was community- and land-focused and emphasizes Native Hawaiian values and aspirations.  The task force also recognized the past efforts toward improving the health status of Native Hawaiians.  The task force used nā pou kihi as the cultural framework to organize and situate the findings and recommendations of this task force.  Consistent with the hale (home) as a metaphor for establishing a healthy and vibrant Native Hawaiian population, nā pou kihi reflects the four corner posts of a hale necessary to support the weight of the hale and everyone who resides under its roof.

     One of the four posts of nā pou kihi, referred to by the task force as ka hana pono, focused on the lifestyle choices and aspirations of Native Hawaiians in striving for optimal health and well-being in ways that are consistent with their shared cultural values and practices.  It includes the types of physical activities and foods enjoyed, the health care services accessed and received, and the health promotion opportunities available to them, which are inclusive of their cultural values and practices.

     Research findings have identified the beneficial effects of healthy communities on the social, physical, and emotional health of individuals.  For example, communities with access to healthier food options and less fast food establishments; easy and affordable access to recreational facilities such as walking, biking, and hiking trails; safe and low density neighborhoods; opportunities for social networking; and active community members and strong local leadership, are more likely to have residents who are not plagued by violence and crime or by chronic diseases, such as obesity, diabetes, and stress-related emotional problems.  Ensuring healthy communities, neighborhoods, and families of Native Hawaiians decreases the risk for chronic mental and physical diseases.

     This Act reflects the position of the senate on Native Hawaiian health care.  The senate supports:

     (1)  Collaborative efforts to ensure that funding for Native Hawaiian health care continues;

     (2)  Native Hawaiians and Pacific Islanders by focusing on essential social and cultural determinants that improve health outcomes amongst our indigenous population;

     (3)  Options to improve health care for keiki and  residents in rural areas; and

     (4)  Collaborative efforts to provide better dental care for keiki and adults throughout the State's communities.

     The purpose of this Act is to redirect a portion of the transient accommodations tax revenues to provide ongoing state funding to enable the creation of an office of Native Hawaiian health within the department of health.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  office of native hawaiian health

     §321-A  Office of Native Hawaiian health.  (a)  There is established an office of Native Hawaiian health to be administered by the department of health.

     (b)  The office of Native Hawaiian health shall be funded from appropriations made from the Native Hawaiian health fund pursuant to section 321-B.

     (c)  The mission of the office of Native Hawaiian health shall be to:

     (1)  Serve as the department of health's focal point for Native Hawaiian health equity by ensuring the development of plans, strategies, actions, and programs to address the health disparities of Native Hawaiians including but not limited to obesity, diabetes, substance use and abuse, cardiovascular disease, and kidney disease;

     (2)  Create an epidemiology center within the office to create relevant metrics, collect data, and track and report upon significant health disparities and trends affecting Native Hawaiians;

     (3)  Seek replacement funding for Native Hawaiian health services presently being delivered by federally qualified health centers, Papa Ola Lōkahi, the Native Hawaiian Health Care Systems, and other qualified agencies presently funded under the federal Native Hawaiian Health Care Act;

     (4)  Seek replacement funding for health disparities research presently being conducted by the University of Hawaii at John A. Burns School of Medicine presently funded by the federal National Institutes of Health; and

     (5)  Recommend to state and county planners improvements to infrastructure, including medians and sidewalks to increase safety and health in Native Hawaiian communities.

     §321-B  Native Hawaiian health fund.  (a)  There is established the Native Hawaiian health fund, to be administered by the department of health.

     (b)  The Native Hawaiian health fund shall be funded from deposits from:

     (1)  A portion of the transient accommodations tax under section 237D-6.5(b)(5); and

     (2)  Appropriations.

     (c)  Expenditures from the Native Hawaiian health fund shall be made to fund expenses relating to mission of the office of Native Hawaiian health, as specified in section 321-A(c)."

     SECTION 3.  Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Revenues collected under this chapter shall be distributed in the following priority, with the excess revenues to be deposited into the general fund:

     (1)  $1,500,000 shall be allocated to the Turtle Bay conservation easement special fund beginning July 1, 2015, for the reimbursement to the state general fund of debt service on reimbursable general obligation bonds, including ongoing expenses related to the issuance of the bonds, the proceeds of which were used to acquire the conservation easement and other real property interests in Turtle Bay, Oahu, for the protection, preservation, and enhancement of natural resources important to the State, until the bonds are fully amortized;

     (2)  $26,500,000 shall be allocated to the convention center enterprise special fund established under section 201B-8;

     (3)  $82,000,000 shall be allocated to the tourism special fund established under section 201B-11; provided that:

         (A)  Beginning on July 1, 2012, and ending on June 30, 2015, $2,000,000 shall be expended from the tourism special fund for development and implementation of initiatives to take advantage of expanded visa programs and increased travel opportunities for international visitors to Hawaii;

         (B)  Of the $82,000,000 shall be allocated:

              (i)  $1,000,000 shall be allocated for the operation of a Hawaiian center and the museum of Hawaiian music and dance at the Hawaii convention center; and

             (ii)  0.5 per cent of the $82,000,000 shall be transferred to a sub-account in the tourism special fund to provide funding for a safety and security budget, in accordance with the Hawaii tourism strategic plan 2005-2015; and

         (C)  Of the revenues remaining in the tourism special fund after revenues have been deposited as provided in this paragraph and except for any sum authorized by the legislature for expenditure from revenues subject to this paragraph, beginning July 1, 2007, funds shall be deposited into the tourism emergency special fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency special fund;

     (4)  $103,000,000 for fiscal year 2014-2015, $103,000,000 for fiscal year 2015-2016, $103,000,000 for fiscal year 2016-2017, and $93,000,000 for each fiscal year thereafter shall be allocated as follows:  Kauai county shall receive 14.5 per cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu shall receive 44.1 per cent, and Maui county shall receive 22.8 per cent; provided that commencing with fiscal year 2018-2019, a sum that represents the difference between a county public employer's annual required contribution for the separate trust fund established under section 87A-42 and the amount of the county public employer's contributions into that trust fund shall be retained by the state director of finance and deposited to the credit of the county public employer's annual required contribution into that trust fund in each fiscal year, as provided in section 87A-42, if the respective county fails to remit the total amount of the county's required annual contributions, as required under section 87A-43; [and]

     (5)  $3,000,000 shall be allocated to the special land and development fund established under section 171-19; provided that the allocation shall be expended in accordance with the Hawaii tourism authority strategic plan for:

         (A)  The protection, preservation, maintenance, and enhancement of natural resources, including beaches, important to the visitor industry;

         (B)  Planning, construction, and repair of facilities; and

         (C)  Operation and maintenance costs of public lands, including beaches, connected with enhancing the visitor experience[.]; and

     (6)  Two per cent for fiscal year 2017-2018, four per cent for fiscal year 2018-2019, six per cent for fiscal year 2019-2020, eight per cent for fiscal year 2020-2021, and ten per cent for fiscal year 2021-2022 and each fiscal year thereafter shall be deposited into the Native Hawaiian health fund established pursuant to section 321-B.

     All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection.

     As used in this subsection, "fiscal year" means the twelve-month period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year."

     SECTION 4.  In codifying the new sections added by section 2 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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Native Hawaiian Health; Department of Health; Transient Accommodations Tax

 

Description:

Creates of an office of Native Hawaiian health within the department of health.  Establishes the Native Hawaiian health fund.  Allocates a percentage of the transient accommodations tax to be deposited into the Native Hawaiian health fund.

 

 

 

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