HOUSE OF REPRESENTATIVES

H.B. NO.

700

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.  Act 234, Session Laws of Hawaii 2016, is amended by amending section 1 to read as follows:

     "SECTION 1.  The purpose of this Act is to address homelessness.

     The legislature finds that homeless families and individuals deserve shelter and the general public deserves safe and clean sidewalks, parks, schools, and other public facilities.  Achieving both objectives requires a strategy of making available emergency and transitional shelters that appeal to homeless families and individuals and enforcing state and county trespass and anti-nuisance statutes and ordinances.  The shelters are intended to make space available to homeless families and individuals displaced from public sidewalks, parks, schools, and other public facilities by the enforcement of statutes and ordinances that prohibit camping or habitation in those areas[.] as well as those who have been previously housed and have lost their housing due to unforeseen circumstances.

     This Act is intended to address the first part of the strategy:  to make available more emergency and transitional shelter space funded in a cost-effective manner.  More specifically, this Act:

     (1)  Provides that emergency shelters shall comply with certain minimum requirements that meet basic needs and preferences of homeless families and individuals[.  By doing so, the legislature intends that the shelters be more appealing to homeless families and individuals]; provided that those changes do not actually reduce the number of people that can be sheltered in each facility;

     (2)  [Requires homeless shelter stipend payments to be made based on performance measures that are actually achieved.  The legislature intends that this requirement incentivize emergency and transitional shelter providers to actually provide shelter to more homeless families and individuals;] Provides staffing that includes housing navigators, shelter workers, and security, allowing job sharing to fit the needs of each shelter;

     (3)  [Repeals the automatic annual adjustment of the homeless stipend amount.  The legislature intends that any adjustment of the stipend amount shall be subject to the contract between the department of human services and the provider agency;] Stipulates a review of shelter outcomes at the close of each year in an effort to build accountability.  Achievement of targeted outcomes will result in incentivized payments to the shelter provider while failure to meet outcomes may result in a downward payment adjustment in the subsequent year;

     (4)  Revises existing provisions on the establishment and collection of shelter and service payments by a provider agency from homeless families and individuals; and

     (5)  Requires each provider agency to submit a financial audit to the department at least annually."

     SECTION 2.  Section 346-361, Hawaii Revised Statutes, is amended by amending the definition of "emergency shelter" to read as follows:

     ""Emergency shelter" means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for [a specified period of time who are not able to stay in a transitional shelter or reside in a dwelling unit.] up to six months."

     SECTION 3.  Section 346-374, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The department may make or may contract to make homeless shelter stipend payments to a provider agency operating or managing an emergency or transitional shelter.  Under each contract, the department [shall pay] may adjust homeless shelter stipends [only for] at the end of each year based upon 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.

     (b)  In making homeless shelter stipend payments to a provider agency, the department may establish minimum services [to be provided by] with input from 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 (c).  Additionally, the department may direct provider agencies to subcontract for outreach services from other private agencies specializing in programs for the unsheltered homeless]."

     SECTION 4.  Section 346-374.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(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.] meet the needs of the population but no fewer than one shower, one sink, and one toilet per twenty-five residents.  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.] space availability of the individual shelter.

     (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.] Realizing that the objective of emergency shelters is to enable shelter residents to successfully obtain permanent housing, the department shall work with shelter management to ensure that residents receive needed services."

     SECTION 5.  There is established in the department of human services two permanent full-time equivalent (2.0 FTE) program specialist IV positions to assist in the operation of the homeless shelter program.

     SECTION 6.  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 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the personal services costs of the program specialist IV positions established under section 5.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 7.  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 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the establishment or improvement of emergency and transitional shelters for the homeless and funding of other non-recurring costs for projects or programs to assist homeless families and individuals.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

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Report Title:

Homeless Shelters; Requirements; Appropriations

 

Description:

Defines emergency shelter to mean a homeless facility designed to provide temporary shelter and services for up to six months.  Allows homeless shelter stipends to be adjusted at the end of each year based upon achievement of performance measures.  Requires homeless shelters to have no fewer than one shower, one sink, and one toilet per twenty-five residents and the minimum area of each partitioned space to be determined by the number of residents and capacity of the shelter.  Establishes that the storage space at a homeless shelter shall be determined by each shelter's space availability.  Removes DHS's authority to require shelters to comply with additional requirements.  Establishes and funds 2.0 FTE positions to assist in the implementation of the homeless shelter program.  Appropriates funds for homeless shelters and other non-recurring costs.

 

 

 

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