HOUSE OF REPRESENTATIVES

H.B. NO.

1302

TWENTY-SIXTH LEGISLATURE, 2011

 

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 in spite of efforts by governments and nonprofit organizations to provide overnight shelter to homeless persons, many do not use homeless shelters due to mental illness, drug addiction, an inability to conform to shelter rules, or other reasons.  There are still many homeless persons who sleep in public parks, along sidewalks, and other similar areas, which creates a concern for the State's vital visitor industry.

     The purpose of this Act is to establish a special fund to create new parks or designate existing parks for use by homeless persons.

     SECTION 2.  Chapter 356D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    .  PARKS FOR HOMELESS IMPACT FEE.

     "§356D-A  Parks for homeless special fund.  (a)  There is established in the state treasury, the parks for homeless special fund to be administered by the authority, into which shall be deposited transfers of county impact fees assessed under this part and under part VIII of chapter 46 for the purposes of this part.

     (b)  Moneys in the parks for homeless special fund shall be used to establish new parks or designate existing parks for maintenance and use by homeless persons.  The parks for homeless persons shall:

     (1)  Provide pavilions with open walls and shelter over head;

     (2)  Provide showers and toilets;

     (3)  Provide potable water;

     (4)  Provide coin-operated clothes washing machines and clothes drying machines;

     (5)  Allow camping at night only; and

     (6)  Allow homeless persons to bring in a limited amount of possessions and a maximum of one pet as appropriate.

     §356D-B  Authority to assess impact fees.  (a)  In addition to any other impact fees that may apply, the counties shall assess, impose, levy, collect, and transfer to the authority impact fees for any development pursuant to ordinances adopted under section 46-142 and this part, and the authority is authorized to receive those funds for deposit into the parks for homeless special fund.

     (b)  The assessment of impact fees shall be in the amount of five per cent of the cost of the development and shall not apply to the development of single, duplex, or multi-family housing units that are priced under $700,000.

     §356D-C  Refund of impact fees.  Upon the request of the county, the department shall refund any impact fees transferred to the parks for homeless special fund that have not been expended or encumbered for the purposes of this part within ten years after the collection under part VIII of chapter 46."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall apply to any grading or building permit issued after its effective date.

     SECTION 5.  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 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Housing; Homeless Parks; Special Fund; Building Permit Surcharge

 

Description:

Establishes a surcharge for the application of a building permit for a residence with a valuation in excess of $700,000, to be deposited into a parks for homeless special fund for the purpose of developing parks for homeless persons.

 

 

 

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