REPORT TITLE:
Domestic Abuse Shelters


DESCRIPTION:
Requires the departments of health and human services to regulate
privately-operated group living domestic abuse shelters that
currently are not subject to any regulation.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1006
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO GOVERNMENT REGULATION OF GROUP LIVING HOUSING
   FACILITIES.



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

 1      SECTION 1.  Purpose.  Group living facilities are generally
 
 2 accepted graciously in neighborhoods.  However, when the group
 
 3 living facility shelters abused spouses, the level of activity
 
 4 escalates, alarming the neighbors.  This occurs especially when
 
 5 the city and county of Honolulu refuses to hold a public hearing
 
 6 to inform the neighborhood about the program and its clients.
 
 7 There is increased concern about substance abuse and the fear
 
 8 that the safety of group living facility residents as well as the
 
 9 neighborhood may be in jeopardy.  Group living facilities are the
 
10 responsibility of government and as a part of government
 
11 operations, they should be regulated.  Therefore, the legislature
 
12 believes that operators of any/all group living facilities should
 
13 be licensed with oversight of the activity provided by the
 
14 department of health and the department of human services.
 
15      The purpose of this Act is to authorize the department of
 
16 health and the department of human services to adopt rules
 
17 regulating privately-owned group living facilities.  Furthermore,
 
18 the respective directors of those departments shall meet and
 
19 determine the types of group-living facilities that fall within
 

 
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 1 their respective jurisdictions.
 
 2      SECTION 2.  Section 321-11, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "321-11  Subjects of health rules, generally.  The
 
 5 department pursuant to chapter 91 may adopt rules that it deems
 
 6 necessary for the public health and safety respecting:
 
 7      (1)  Nuisances, foul or noxious odors, gases, vapors, waters
 
 8           in which mosquitoes breed or may breed, sources of
 
 9           filth, and causes of sickness or disease, within the
 
10           respective districts of the State, and on board any
 
11           vessel;
 
12      (2)  Adulteration and misbranding of food or drugs;
 
13      (3)  Location, air space, ventilation, sanitation, drainage,
 
14           sewage disposal, and other health conditions of
 
15           buildings, courts, construction projects, excavations,
 
16           pools, watercourses, areas, and alleys;
 
17      (4)  Privy vaults and cesspools;
 
18      (5)  Fish and fishing;
 
19      (6)  Interments and dead bodies;
 
20      (7)  Disinterments of dead human bodies, including the
 
21           exposing, disturbing, or removing of these bodies from
 
22           their place of burial, or the opening, removing, or
 
23           disturbing after due interment of any receptacle,
 

 
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 1           coffin, or container holding human remains or a dead
 
 2           human body or a part thereof and the issuance and terms
 
 3           of permits for the aforesaid disinterments of dead
 
 4           human bodies;
 
 5      (8)  Cemeteries and burying grounds;
 
 6      (9)  Laundries, and the laundering, sanitation, and
 
 7           sterilization of articles including linen and uniforms
 
 8           used by or in the following businesses and professions:
 
 9           barber shops, manicure shops, beauty parlors,
 
10           electrology shops, restaurants, soda fountains, hotels,
 
11           rooming and boarding houses, bakeries, butcher shops,
 
12           public bathhouses, midwives, masseurs, and others in
 
13           similar calling, public or private hospitals, and
 
14           canneries and bottling works where foods or beverages
 
15           are canned or bottled for public consumption or sale;
 
16           provided that nothing in this chapter shall be
 
17           construed as authorizing the prohibiting of laundering,
 
18           sanitation, and sterilization by those conducting any
 
19           of these businesses or professions where the laundering
 
20           or sterilization is done in an efficient and sanitary
 
21           manner;
 
22     (10)  Hospitals, freestanding surgical outpatient facilities,
 
23           skilled nursing facilities, intermediate care
 

 
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 1           facilities, adult residential care homes, adult foster
 
 2           homes, assisted living facilities, special treatment
 
 3           facilities and programs, home health agencies,
 
 4           hospices, freestanding birthing facilities, adult day
 
 5           health centers, independent group residences, and
 
 6           therapeutic living programs, but excluding youth
 
 7           shelter facilities unless clinical treatment of mental,
 
 8           emotional, or physical disease or handicap is a part of
 
 9           the routine program or constitutes the main purpose of
 
10           the facility, as defined in section 346-16 under "child
 
11           [care] caring institution".  For the purpose of this
 
12           paragraph, "adult foster home" has the same meaning as
 
13           provided in section 321-11.2;
 
14     (11)  Hotels, rooming houses, lodging houses, apartment
 
15           houses, tenements, privately-operated group living
 
16           facilities under the jurisdiction of the department,
 
17           and residences for persons with developmental
 
18           disabilities including, but not limited to, those built
 
19           under federal funding[;].  For purposes of this
 
20           paragraph, "privately-operated group living facilities"
 
21           means private residences used for the purpose of
 
22           providing health;
 
23     (12)  Laboratories;
 

 
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 1     (13)  Any place or building where noisome or noxious trades
 
 2           or manufacturers are carried on, or intended to be
 
 3           carried on;
 
 4     (14)  Milk;
 
 5     (15)  Poisons and hazardous substances, the latter term
 
 6           including but not limited to any substance or mixture
 
 7           of substances which:
 
 8           (A)  Is corrosive;
 
 9           (B)  Is an irritant;
 
10           (C)  Is a strong sensitizer;
 
11           (D)  Is inflammable; or
 
12           (E)  Generates pressure through decomposition, heat, or
 
13                other means[,];
 
14           if the substance or mixture of substances may cause
 
15           substantial personal injury or substantial illness
 
16           during or as a proximate result of any customary or
 
17           reasonably foreseeable handling or use, including
 
18           reasonably foreseeable ingestion by children;
 
19     (16)  Pig and duck ranches;
 
20     (17)  Places of business, industry, employment, and commerce,
 
21           and the processes, materials, tools, machinery, and
 
22           methods of work done therein; and places of public
 
23           gathering, recreation, or entertainment;
 

 
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 1     (18)  Any restaurant, theater, market, stand, shop, store,
 
 2           factory, building, wagon, vehicle, or place where any
 
 3           food, drug, or cosmetic is manufactured, compounded,
 
 4           processed, extracted, prepared, stored, distributed,
 
 5           sold, offered for sale, or offered for human
 
 6           consumption or use;
 
 7     (19)  Foods, drugs, and cosmetics, and the manufacture,
 
 8           compounding, processing, extracting, preparing,
 
 9           storing, selling, and offering for sale, consumption,
 
10           or use of any food, drug, or cosmetic;
 
11     (20)  Devices as defined in section 328-1;
 
12     (21)  Sources of ionizing radiation;
 
13     (22)  Medical examination, vaccination, revaccination, and
 
14           immunization of school children.  No child shall be
 
15           subjected to medical examination, vaccination,
 
16           revaccination, or immunization, whose parent or
 
17           guardian objects in writing thereto on grounds that the
 
18           requirements are not in accordance with the religious
 
19           tenets of an established church of which the parent or
 
20           guardian is a member or adherent, but no objection
 
21           shall be recognized when, in the opinion of the
 
22           department, there is danger of an epidemic from any
 
23           communicable disease;
 

 
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 1     (23)  Disinsectization of aircraft entering or within the
 
 2           State as may be necessary to prevent the introduction,
 
 3           transmission, or spread of disease or the introduction
 
 4           or spread of any insect or other vector of significance
 
 5           to health;
 
 6     (24)  Fumigation, including the process by which substances
 
 7           emit or liberate gases, fumes, or vapors which may be
 
 8           used for the destruction or control of insects, vermin,
 
 9           rodents, or other pests, which, in the opinion of the
 
10           department, may be lethal, poisonous, noxious, or
 
11           dangerous to human life;
 
12     (25)  Ambulances and ambulance equipment;
 
13     (26)  Development, review, approval, or disapproval of
 
14           management plans submitted pursuant to the Asbestos
 
15           Hazard Emergency Response Act of 1986, Public Law
 
16           99-519; and
 
17     (27)  Development, review, approval, or disapproval of an
 
18           accreditation program for specially trained persons
 
19           pursuant to the Residential Lead-Based Paint Hazard
 
20           Reduction Act of 1992, Public Law 102-550.
 
21      The department may require any certificates, permits, or
 
22 licenses that it may deem necessary to adequately regulate the
 
23 conditions or businesses referred to in this section."
 

 
Page 8                                                     1006
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 1      SECTION 3.  Section 346-14, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "346-14  Duties generally.  Except as otherwise provided by
 
 4 law, the department of human services shall:
 
 5      (1)  Establish and administer programs and standards, and
 
 6           adopt rules as deemed necessary for all public
 
 7           assistance programs;
 
 8      (2)  Establish, extend, and strengthen services for the
 
 9           protection and care of abused or neglected children and
 
10           children in danger of becoming delinquent to make
 
11           paramount the safety and health of children who have
 
12           been harmed or are in life circumstances that threaten
 
13           harm;
 
14      (3)  Establish and administer programs, and adopt rules as
 
15           deemed necessary, for the prevention of domestic and
 
16           sexual violence and the protection and treatment of
 
17           victims of domestic and sexual violence;
 
18      (4)  Assist in preventing family breakdown;
 
19      (5)  Place, or cooperate in placing, abused or neglected
 
20           children in suitable private homes or institutions and
 
21           place, or cooperate in placing, children in suitable
 
22           adoptive homes;
 
23      (6)  Have authority to establish, maintain, and operate
 

 
Page 9                                                     1006
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           receiving homes for the temporary care and custody of
 
 2           abused or neglected children until suitable plans are
 
 3           made for their care; and accept from the police and
 
 4           other agencies, for temporary care and custody, any
 
 5           abused or neglected child until satisfactory plans are
 
 6           made for the child;
 
 7      (7)  Administer the medical assistance programs for eligible
 
 8           public welfare and other medically needy individuals by
 
 9           establishing standards, eligibility, and health care
 
10           participation rules, payment methodologies,
 
11           reimbursement allowances, systems to monitor recipient
 
12           and provider compliance, and assuring compliance with
 
13           federal requirements to maximize federal financial
 
14           participation;
 
15      (8)  Cooperate with the federal government in carrying out
 
16           the purposes of the Social Security Act and in other
 
17           matters of mutual concern pertaining to public welfare,
 
18           public assistance, and child welfare services,
 
19           including the making of reports, the adoption of
 
20           methods of administration, and the making of rules as
 
21           are found by the federal government, or any properly
 
22           constituted authority thereunder, to be necessary or
 
23           desirable for the efficient operation of the plans for
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           public welfare, assistance, and child welfare services
 
 2           or as may be necessary or desirable for the receipt of
 
 3           financial assistance from the federal government;
 
 4      (9)  Carry on research and compile statistics relative to
 
 5           public and private welfare activities throughout the
 
 6           State, including those dealing with dependence,
 
 7           defectiveness, delinquency, and related problems;
 
 8     (10)  Develop plans in cooperation with other public and
 
 9           private agencies for the prevention and treatment of
 
10           conditions giving rise to public welfare problems;
 
11     (11)  Adopt rules governing the procedure in hearings,
 
12           investigations, recording, registration, determination
 
13           of allowances, and accounting and conduct other
 
14           activities as may be necessary or proper to carry out
 
15           this chapter;
 
16     (12)  Supervise or administer any other activities authorized
 
17           or required by this chapter, including the development
 
18           of the staff of the department through in-service
 
19           training and educational leave to attend schools and
 
20           other appropriate measures, and any other activities
 
21           placed under the jurisdiction of the department by any
 
22           other law;
 
23     (13)  Make, prescribe, and enforce policies and rules
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           governing the activities provided for in section 346-31
 
 2           it deems advisable, including the allocation of moneys
 
 3           available for assistance to persons assigned to work
 
 4           projects among the several counties or to particular
 
 5           projects where the apportionment has not been made
 
 6           pursuant to other provisions of law, if any, governing
 
 7           expenditures of the funds;
 
 8     (14)  Determine the appropriate level for the Hawaii security
 
 9           net, by developing a tracking and monitoring system to
 
10           determine what segments of the population are not able
 
11           to afford the basic necessities of life, and advise the
 
12           legislature annually regarding the resources required
 
13           to maintain the security net at the appropriate level;
 
14     (15)  Subject to the appropriation of state funds and
 
15           availability of federal matching assistance, expand
 
16           optional health care to low-income persons as follows:
 
17           (A)  Pregnant women and infants under one year of age
 
18                living in families with incomes up to one hundred
 
19                eighty-five per cent of the federal poverty level
 
20                and without any asset restrictions;
 
21           (B)  Children under six years of age living in families
 
22                with incomes up to one hundred thirty-three per
 
23                cent of the federal poverty level and without any
 

 
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 1                asset restrictions;
 
 2           (C)  Older children to the extent permitted under
 
 3                optional federal medicaid rules;
 
 4           (D)  Elder persons;
 
 5           (E)  Aliens;
 
 6           (F)  The homeless; and
 
 7           (G)  Other handicapped and medically needy persons;
 
 8                [and]
 
 9     (16)  Subject to the appropriation of state funds and
 
10           availability of federal matching assistance, establish
 
11           the income eligibility level for the medically needy
 
12           program at one hundred thirty-three per cent of the
 
13           assistance allowance[.];
 
14     (17)  Adopt rules pursuant to chapter 91 that it deems
 
15           necessary to regulate privately-operated group living
 
16           facilities under its jurisdiction.  For purposes of
 
17           this paragraph, "privately-operated group living
 
18           facilities" means private residences used for the
 
19           purpose of providing human services."
 
20      SECTION 4.  The director of health and the director of human
 
21 services shall meet to determine which types of privately-
 
22 operated group living facilities are to be within their
 
23 respective jurisdictions.
 

 
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 1      The directors of health and human services shall submit a
 
 2 report on their determinations to the legislature no later than
 
 3 twenty days prior to the regular session of the 2000 legislature.
 
 4      SECTION 5.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect upon its approval.