HOUSE OF REPRESENTATIVES

H.B. NO. 1375

 

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

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 homelessness is a critical issue in the State.  The State and counties have tried to address this systemic issue, but it is still ongoing and prevalent.  One way the State may help address the issue is by helping these families with homeless family members, by providing financial assistance to families that provide care for a homeless family member.  The assistance would not be permanent, and it is intended to provide support to allow the homeless family member to reintegrate into the community.

     The purpose of this Act is to help address the homeless issue in the State by assisting households that provide temporary care for a homeless family member.

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"HOMELESS CARE RESIDENCES"

     §346-A  Definitions.  For the purposes of this part:

     "Care" refers to those situations where a person has agreed to assume and has been entrusted with the responsibility to provide a homeless care residence to a homeless family or household member, as those terms are defined in section 346-A.

     "Department" means the department of human services.

     "Family or household member" means, with respect to a certain individual, another individual related by blood to that individual or spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, or persons who have a child in common.

     "Homeless" means:

     (1)  An individual who lacks a fixed, regular, and adequate night-time residence; or

     (2)  An individual who has a primary night residence that is:

        (A)   A supervised and publicly or privately operated shelter designed to provide temporary living accommodations;

         (B)  An institution that provides temporary residence for individuals intended to be institutionalized; or

         (C)  A public or private place not designed for or ordinarily used as sleeping accommodations for human beings.

This term does not include any individual imprisoned or otherwise detained under an act of Congress or a state law.

     "Homeless care residence" means a private residence, including a home, apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for a homeless family or household member, as those terms are defined in 346-A.

     "Provider" means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in a homeless care residence.

     §346-B  Registration for homeless care residence.  No person shall operate or maintain a homeless care residence unless registered to do so by the department under this part.  The registration shall be valid for one year unless sooner revoked and shall require annual registration.

     §346-C  Rules for registration.  (a)  No later than January 1, 2017, the department shall adopt rules pursuant to chapter 91 establishing minimum requirements to ensure the health and safety of any family member or household member provided care in a homeless care residence.  The rules may specify, but shall not be limited to, minimum requirements concerning:

     (1)  The number of persons who may be cared for at one time;

     (2)  The health of the provider and the persons cared for by the provider;

     (3)  Fire and sanitation standards; and

     (4)  Protection of persons who are provided care from abuse.

     (b)  It is the intent of the legislature that the minimum requirements shall:

     (1)  Be as simple and clear as possible;

     (2)  Be germane to the provision of care to person in a private home as opposed to a homeless facility or institution;

     (3)  Require as little recordkeeping by the provider possible; and

     (4)  Require information and reports if necessary, from the provider that the department intends to scrutinize carefully and not cursorily.

     (c)  The department shall establish minimum requirements, compliance with which shall be assessed objectively by officers and employees of the department, providers, and those cared for by providers.

     §346-D  Procedures for registration.  (a)  A person desiring to have the person's home registered as a homeless care residence shall make application to the department.  Upon receipt of the application, the department shall conduct a study of the applicant's qualifications, home, and proposed operation.  The department shall issue a certificate of registration to the applicant that authorizes the applicant to operate a homeless care residence if the department is satisfied that the premises and proposed operation will be in compliance with the minimum requirements established under section 346-C and subject to the criminal history record checks established under section 846-2.7.

     The provider shall operate and maintain the premises of the homeless care facility in accordance with the minimum requirements established under section 346-C so long as registered.

     (b) The department may establish reasonable fees for the issuance or renewal of certificates of registration according to rules adopted pursuant to chapter 91.

     §346-E  Visitation and inspection of homeless care residence; revocation of registration.  (a)  The department shall visit and inspect the premises and operation of a homeless care residence to determine compliance with the minimum requirements established under section 346-C:

     (1)  At least once during each six-month period; and

     (2)  Upon receipt of a complaint that the premises or operation of the home is in violation of the minimum requirements established under section 346-C.

     (b)  If the visitation and inspection reveal that the premises or operation of the home is in violation of a minimum requirement, the department shall immediately suspend or revoke the registration.  Upon suspension or revocation, the home shall no longer be a registered homeless care residence.

     A person whose registration has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation.  If on appeal is made under chapter 91, the appeal of the suspension or revocation, and not the suspension or revocation itself, shall be deemed the contested case.

     The department shall suspend the registration if the violation of the minimum requirement is the first violation of the provider and the violation does not warrant the revocation of the registration.  The department shall revoke the registration if the provider has violated any minimum requirement or requirements to such an extent or of a nature that the provider is unfit to be trusted with the operation of a homeless care residence or if the provider has had the provider's registration suspended at least once previously.

     (c)  The department may reinstate a suspended registration or restore a revoked registration if it deems that the person is willing and able to comply with the rules adopted under section 346-C.  A suspended registration may be reinstated upon the department's satisfaction that the violation has been or will be corrected.  A revoked registration shall be restored only after new application is made and reviewed under this subpart.

     §346-F  Waiver.  The State shall not be liable for any loss, damage, injury, or death arising from the homeless family or household member's use of the homeless care residence or the provider's operation of the homeless care residence.

     §346-G  Penalty.  Any person violating any provision of this part or any rule adopted pursuant thereto shall be fined as follows:

     (1)  Up to $1,000 for a first violation; and

     (2)  Up to $3,000 for the second violation and each succeeding violation.

     §346-H  Participation limit.  A homeless family or household member who receives care by a provider shall be limited to a maximum of twelve months of participation under the program.  This twelve-month limit shall apply to consecutive or nonconsecutive months and shall apply even if care is received from a succession of different providers.

     §346-I  Homeless care residence cap.  The total number of homeless care residences that are actively participating in the program, providing care for a homeless family or household member, and in receipt of funds shall be capped at one hundred residences per month, with the number to be determined on the first day of each month.

     §346-J  Rules.  The department shall adopt rules pursuant to chapter 91 for the purposes of this part."

     SECTION 3.  Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§235-A  Credit for homeless care residence.  (a) There shall be allowed to each taxpayer licensed under chapter 346-B, 346-C, and 346-D, who is subject to the tax imposed by this chapter, and does not owe the State delinquent taxes, penalties, or interest, a credit for functioning as a homeless care residence. The credit shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

     (b) The amount of the credit determined under this section for the taxable year shall be equal to two percent of the taxpayer's gross reported income for each month serving as a homeless care residence; provided that the gross reported income shall not exceed $100,000.

     (c) All claims for tax credits under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credits may be claimed.  Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

     (d) The director of taxation shall prepare any forms that may be necessary to allow a credit to be claimed under this section.

     SECTION 3.  Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Criminal history record checks may be conducted by:

     (1)  The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;

     (2)  The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;

     (3)  The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;

     (4)  The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

     (5)  The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

     (6)  The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

     (7)  The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

     (8)  The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

     (9)  The department of human services on prospective adoptive parents as established under section 346‑19.7[;], and on providers of homeless care residences as provided by section 346-A;

    (10)  The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;

    (11)  The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

    (12)  The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;

    (13)  The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

    (14)  The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

    (15)  The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

    (16)  The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

    (17)  The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;

    (18)  Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

    (19)  The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;

    (20)  The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

    (21)  The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;

    (22)  The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;

    (23)  The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;

    (24)  The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

    (25)  The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

    (26)  The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

    (27)  The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

    (28)  The department of commerce and consumer affairs on:

         (A)  Each principal of every non-corporate applicant for a money transmitter license;

         (B)  The executive officers, key shareholders, and managers in charge of a money transmitter's activities of every corporate applicant for a money transmitter license; and

         (C)  The persons who are to assume control of a money transmitter licensee in connection with an application requesting approval of a proposed change in control of licensee,

          as provided by sections 489D-9 and 489D‑15;

    (29)  The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

    (30)  The Hawaii health systems corporation on:

         (A)  Employees;

         (B)  Applicants seeking employment;

         (C)  Current or prospective members of the corporation board or regional system board; or

         (D)  Current or prospective volunteers, providers, or contractors,

          in any of the corporation's health facilities as provided by section 323F-5.5;

    (31)  The department of commerce and consumer affairs on:

         (A)  An applicant for a mortgage loan originator license; and

         (B)  Each control person, executive officer, director, general partner, and manager of an applicant for a mortgage loan originator company license,

          as provided by chapter 454F;

    (32)  The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;

    (33)  The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;

    (34)  The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;

    (35)  The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;

    (36)  The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;

    (37)  The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;

    (38)  The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;

    (39)  The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;

    (40)  The department of commerce and consumer affairs on applicants for real estate appraiser licensure or certification as provided by chapter 466K;

    (41)  The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical marijuana dispensaries, and individuals permitted to enter and remain in medical marijuana dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);

    (42)  The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;

  [[(43)]] (43)         The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;

  [[(44)]] (44)         The department of commerce and consumer affairs on:

         (A)  Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and

         (B)  Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of such application,

          as provided by chapter 449; and

  [[(45)]]     (45)     Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law.    

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  This Act shall take effect upon its approval.

 


 

 

 

 

INTRODUCED BY:

_____________________________

 

 

 


 

Report Title:

Homelessness; Homeless Care Residence; Income tax credit

 

Description:

Establishes a homeless care residence program to provide financial assistance to households providing temporary housing and care to a homeless relative.  Requires that providers undergo certification and inspection by the department of human services and caps program participation at twelve months. Offers non-refundable income tax credit for providers.

 

 

 

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