HOUSE OF REPRESENTATIVES

H.B. NO.

125

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to a sex trafficking special treatment facility.

 

 

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

 


     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part      Sex trafficking special treatment facilities

     §346-    Definitions.  As used in this part:

     "Sex trafficking special treatment facility" means a facility that provides a therapeutic residential program for care, diagnosis, treatment, or rehabilitation services for sex trafficking victims who are minors.

     "Sex trafficking victim who is a minor" means a person under the age of eighteen who is found to be:

     (1)  Engaging in prostitution pursuant to section 712-1200(1)(a);

     (2)  A victim of sex trafficking pursuant to section 712-1202(1)(b); or

     (3)  A victim of the crime of sex trafficking of children under 18 United States Code section 1591.

     "Victim service provider" means any nongovernmental organization that provides social services to sex trafficking victims who are minors including but not limited to housing, rehabilitation, education, vocational, medical, mental health, and substance abuse treatment programs.

     §346-    Sex trafficking special treatment facility operation and management.  The department may contract with a victim service provider to operate and manage a sex trafficking special treatment facility for sex trafficking victims who are minors.  The selection of a victim service provider shall not be subject to chapters 42F, 102, 103D, or 103F.

     A sex trafficking special treatment facility established and operated pursuant to this part shall have a current and valid license issued and approved by the department of health to operate as a special treatment facility.

     §346-    Housing and appropriate services.  To the extent that appropriations are made available, a victim service provider shall provide housing and appropriate services to eligible sex trafficking victims who are minors after those minors are granted admittance to the sex trafficking special treatment facility.

     §346-    Determination of eligibility and need.  The victim service provider operating and managing a sex trafficking special treatment facility, in consultation with the department and family court, shall be responsible for determining:

     (1)  If a sex trafficking victim who is a minor is eligible for residence at the facility, including the degree of need and course of treatment for each victim; and

     (2)  Whether a participant is no longer eligible for residence at the facility.

     §346-    Unauthorized entry; penalty.  Any person who enters or remains in or upon the premises of any sex trafficking special treatment facility authorized by this part, after being requested to leave by the victim service provider, the department or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this section shall be in addition to any other applicable offense in the Hawaii Penal Code.

     §346-    Exemption from tax, fee, and other requirements.  (a)  Any compensation received by a victim service provider pursuant to this part for services rendered to sex trafficking victims who are minors or for operating or managing a sex trafficking special treatment facility shall be exempt from taxation under chapter 237.

     (b)  Any county mayor, by executive order, may exempt from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees, a victim service provider operating and managing a sex trafficking special treatment facility pursuant to this part; provided that any county may enact ordinances to regulate the exemptions granted by this subsection.

     (c)  Any victim service provider operating or managing a sex trafficking special treatment facility pursuant to this part shall be exempt from any requirements contained in part VIII of chapter 346 and chapters 467B and 521.

     §346-    Annual reports.  The department shall require any victim service provider contracted pursuant to this part to submit to the department a financial report each year that the contract is in effect.  The report shall contain information specific to the funds received under sex trafficking special treatment facility contracts and include recommendations about improving services for sex trafficking victims who are minors.  Failure to provide a financial report shall be grounds for the department to terminate a contract with a victim service provider for operating or managing a sex trafficking special treatment facility authorized by this part.

     §346-    Additional programs.  This part shall not prohibit the department from establishing additional programs for sex trafficking victims who are minors."

     SECTION 2.  Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§237-    Exemption of sex trafficking special treatment facilities.  There shall be exempted from, and excluded from the measure of, the taxes imposed by this chapter all of the compensation received by a victim service provider for services rendered to sex trafficking victims who are minors or for operating or managing a sex trafficking special treatment facility, pursuant to part 346-  ."

     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 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the department of human services to carry out the requirements of this Act.

     The sums 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 upon its approval; provided that section 3 of this Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

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Report Title:

Sex Trafficking; Victims; Minors; Treatment Services; Appropriation

 

Description:

Allows the Department of Human Services to contract with a victim service provider to operate and manage a sex trafficking special treatment facility.  Provides for tax, fee, and other exemptions.  Appropriates funds.

 

 

 

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