Community Services; Homeless
Allows the Department of Human Services to establish the Office of Homeless and Community Services and transfer the Office of Community Services from the Department of Labor and Industrial Relations and the homeless programs from the Hawaii Public Housing Authority to the new office. (HB1406 HD2)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COMMUNITY SERVICES AND THE STATE HOMELESS PROGRAMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to streamline the State's delivery of key human service programs by merging the functions and duties of the office of community services of the department of labor and industrial relations with those of the homeless programs branch of the Hawaii public housing authority. The two programs will be reestablished together as the office of homeless and community services within the department of human services. The establishment of this new office will enable programs and services with related duties to work with greater synergy and to serve as a more effective resource for the needy clients and communities they serve.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
§ -1 Findings and purpose. The State of Hawaii has long been a leader among the states in the development of progressive and innovative undertakings on behalf of its neediest residents. Securing the well-being of all of the State's citizens and residents continues to be a policy objective deserving of the highest priority.
As we commit a growing share of the State's resources to programs and services to assist those at the lowest end of the income scale, the homeless, the disadvantaged, refugees, immigrants, and others in need, we also have the opportunity to ensure that government resources are used prudently, in the most cost-effective manner possible.
The State recognizes changes in societal attitudes, values, and priorities which have produced new issues requiring innovative approaches for their resolution.
The purpose of this chapter is to allow the establishment of the office of homeless and community services, which office may be attached to the department of human services for administrative purposes. The primary purpose of the office is to facilitate and enhance the development, delivery, and coordination of effective services and programs for the most vulnerable individuals within the state. Once established, the office of homeless and community services within the department of human services may:
(1) Assist groups within local communities such as disadvantaged persons, refugees, and immigrants who have special and distinct needs;
(2) Improve the efficiency and effectiveness of the operations of the executive branch;
(3) Improve responsiveness to the neediest residents of Hawaii;
(4) Provide timely, coordinated, and comprehensive responses to the needs of those who are homeless;
(5) Respond to the growing number of homeless families and individuals who are unable to find fixed, regular, and adequate shelter;
(6) Establish and govern the services and facilities of the State's homeless programs and community services through a single point of entry; and
(7) Fix responsibility and accountability for successfully carrying out programs, policies, and priorities of the office.
§ -2 Definitions. In this chapter, unless the context otherwise requires:
"Donor" means any individual, partnership, corporation, joint-stock company, unincorporated organization, foundation, estate, trust, or any other person or firm that donates money, real property, goods, or services to a homeless facility, or any other program for the homeless authorized by this chapter, including members of any governing body, trustees, officers, partners, principals, stockholders, members, managers, employees, contractors, agents of these entities, or any person who was involved with the donation.
"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.
(1) An individual or family who lacks a fixed, regular, and adequate night-time residence; or
(2) An individual or family who has a primary night-time residence that is:
(A) A supervised 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.
The term "homeless" shall not include any individual imprisoned or otherwise detained under an Act of Congress or a state law.
"Homeless facility" means a development designed to provide shelter for homeless families or individuals pursuant to this chapter, or to facilitate any other homeless program authorized by this chapter, and may include emergency or transitional shelters.
"Homeless shelter stipend" means a payment to a provider agency or to the office on behalf of a homeless family or individual to assist with the costs of operating a homeless facility and providing appropriate services.
"Office" means the office of homeless and community services.
"Provider agency" means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the office to provide labor and services to any homeless facility, or any other program for the homeless authorized by this chapter, that is:
(1) A for-profit organization incorporated under the laws of the State or a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; or
(2) A nonprofit organization, with a governing board whose members have no material conflict of interest and who serve without compensation, with bylaws or policies that describe the manner in which business is conducted and policies that relate to nepotism and management of potential conflict-of-interest situations.
"Transitional shelter" means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for up to twenty-four months.
§ -3 Office of homeless and community services; establishment. (a) There may be established within the department of human services, for administrative purposes only, an office of homeless and community services. The following may be among the programs to be under the auspices of and coordinated through the office:
(1) Progressive neighborhoods program;
(2) Hawaii office of economic opportunity;
(3) Refugee resettlement program;
(4) State immigrant services center; and
(5) State homeless programs.
(b) The head of the office shall be known as the executive director of the office of homeless and community services, hereinafter referred to as executive director. The executive director shall have:
(1) Training and experience in the field of social work, education, public health, or related fields;
(2) Direct experience in programs and services related to disadvantaged persons, refugees, or immigrants; and
(3) Experience in a supervisory, consultative, or administrative capacity.
The executive director shall be appointed by the governor without regard to chapter 76, and shall be compensated at a salary level no less than that of a second deputy. The executive director shall be included in any benefit program generally applicable to the officers and employees of the State.
§ -4 General functions, duties, and powers of the executive director. The executive director shall:
(1) Serve as the principal official in state government responsible for the coordination of programs for low-income, disadvantaged, and homeless persons; refugees; and immigrants;
(2) Oversee, supervise, and direct the performance by subordinates of activities in such areas as planning, evaluation, and coordination of programs for low-income, disadvantaged, and homeless persons; refugees; and immigrants and development of a statewide service delivery network;
(3) Assess the policies and practices of public and private agencies affecting the disadvantaged and conduct advocacy efforts on behalf of the office's target populations;
(4) Devise and recommend legislative and administrative actions for the improvement of services for low-income, disadvantaged, and homeless persons; refugees; and immigrants;
(5) Serve as a member of advisory boards and panels of state agencies in such areas as child development programs, elder programs, social-services programs, homeless programs, public-housing programs, health and medical assistance programs, refugee-assistance programs, and immigrant-services programs;
(6) Administer funds allocated for the office of homeless and community services and apply for, receive, and disburse grants and donations from all sources for programs and services to assist low-income, disadvantaged, and homeless persons; refugees; and immigrants;
(7) Adopt, amend, and repeal rules pursuant to chapter 91 for purposes of this chapter; provided that any rules relating directly to homelessness authorized by any statute, shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91, and shall take effect immediately upon filing with the office of the lieutenant governor;
(8) Retain staff as may be necessary for the purposes of this chapter, who shall be exempt from chapter 76; and
(9) Contract for services as may be necessary for the purposes of this chapter.
§ -5 General duties of the office of homeless and community services. The office of homeless and community services may:
(1) Establish statewide goals and objectives relating to low-income, disadvantaged, and homeless persons; refugees; and immigrants;
(2) Study facts concerning the needs of low-income, disadvantaged, and homeless persons; refugees; and immigrants in the state through adequate research studies, with the research to be carried on whenever possible through the departments or agencies of the state and county governments responsible for providing services in the fields of health, education, social welfare, employment, housing, homelessness, and related areas. Where the research cannot be done within established agencies, it shall be carried out by the office or contracted by the office;
(3) Review legislation pertaining to programs within the purview of the office and appropriations made for services to low-income, disadvantaged, and homeless persons; refugees; and immigrants, recommend revisions and additions needed, and report to the governor regarding the legislation;
(4) Evaluate the availability, adequacy, and accessibility of all services for low-income, disadvantaged, and homeless persons; refugees; and immigrants within the state;
(5) Assist and coordinate the efforts of all public and private agencies that provide services that affect low-income, disadvantaged, and homeless persons; refugees; and immigrants including the department of health, the department of human services, the department of labor and industrial relations, and the department of education, and report such facts and the office's recommendations to the governor and to the legislature. The executive heads of all such departments and agencies shall make available to the office of homeless and community services information as the office deems necessary for the effective discharge of its duties under this chapter;
(6) Maintain contacts with local, state, and federal officials and public and private agencies concerned with planning for low-income, disadvantaged, and homeless persons; refugees; and immigrants; and
(7) Encourage and foster local action on behalf of low-income, disadvantaged, and homeless persons; refugees; and immigrants;
(8) Administer and operate homeless facilities and any other program for the homeless authorized by this chapter and establish programs for the homeless; and
(9) Take any other actions necessary to effectuate the purposes of this chapter.
§ -6 Additional powers. Notwithstanding any law to the contrary, the office of homeless and community services may have and may exercise the same powers, subject to applicable limitations, as those granted to the Hawaii public housing authority pursuant to chapter 356D insofar as those powers may be reasonably construed to be exercisable for the purpose of establishing, administering, and operating homeless facilities and any other program for the homeless authorized by this chapter.
§ -7 Relationships with other departments and agencies and cooperation with office of homeless and community services. Every state department, county agency, or other public or private agencies providing programs and services to low-income, disadvantaged, and homeless persons; refugees; and immigrants shall be encouraged to actively work toward the goals and objectives established by the office of homeless and community services and to coordinate with the office of homeless and community services the development of its program plans. The executive heads of all such departments and agencies shall cooperate with the office of homeless and community services in providing information as the office deems necessary for the effective discharge of its duties. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of this State or any county, nor to terminate any existing contracts between such department or agency and any private organizations for the development or administration of programs or services to low-income, disadvantaged, and homeless persons; refugees; and immigrants. Notwithstanding that each county shall maintain maximum control over the development and administration of human service programs tailored to meet county needs, each department, agency, officer, and employee of the State and of the counties shall cooperate with and assist the office of homeless and community services in the performance of the functions, powers, and duties of the office.
§ -8 Exception to liability for donors. (a) Any donor who gives money to a provider agency, to a homeless facility to or through the office, or for any other program for the homeless authorized by this chapter, shall not be liable for any civil damages resulting from the donation.
(b) Any donor who gives land and improvements, or who leases land and improvements at a nominal consideration, to a provider agency, to a homeless facility to or through the office, or for any other program for the homeless authorized by this chapter, shall not be liable for any civil damages resulting from the donation except as may result from the donor's gross negligence or wanton acts or omissions; provided that, if the donor at the time of donation gave the office a full accounting of all the dangers concerning the land and improvements known to the donor, then the donor shall not be liable for any civil damages resulting from the donation.
(c) Any donor who in good faith and without remuneration or expectation of remuneration provides services or materials used to build and construct a facility for the homeless, or who renovates, repairs, or maintains an existing or acquired facility for the homeless, or who provides shelter to homeless persons, shall not be liable for any civil damages resulting from the donor's acts or omissions, except for damages resulting from the donor's gross negligence relating to the donation.
(d) The office shall be responsible for inspecting, reviewing, analyzing, qualifying, and determining that the land, structures, materials, or services donated to the office for use by the office in facilities for the homeless are reasonably safe for public use.
§ -9 Contract or conveyance to the office. Notwithstanding any other law to the contrary, the board of land and natural resources or other state agency holding lands and improvements, may contract or otherwise convey at a nominal consideration, by direct negotiation and without recourse to public auction, the land and improvements, or the management, operation, and administrative responsibility over the land and improvements, to the office or its designee. The land and improvements shall be used by the office or its designee for homeless facilities or for any other program of the office of homeless and community services as authorized by this chapter.
§ -10 Program administration. To the extent that appropriations are made available, the office may contract with a provider agency to administer homeless facilities, or any other program for the homeless created by this chapter. The selection of provider agencies to administer homeless facilities, or any other program for the homeless authorized by this chapter, shall not be subject to chapters 42F, 102, and 103. The selection of provider agencies shall be subject to qualifying standards and criteria established by rule.
In addition, the provider agency shall be qualified by the office to operate and manage a homeless facility, or any other program for the homeless authorized by this chapter, pursuant to standards and criteria established by rules for eligibility.
§ -11 Time limits. To the extent that appropriations are made available, a provider agency shall provide shelter or any other program assistance authorized by this chapter to eligible homeless families and homeless individuals not later than two days, or such time as is set by rule which shall not be later than seven days, after they apply and qualify for the shelter or other program assistance. These time limits may be waived at the discretion of the office for a maximum period of fourteen days for the purpose of implementing repairs to the subject shelter that the office deems major or extensive.
§ -12 Determination of eligibility and need. (a) The provider agency operating and managing a homeless facility, or any other program for the homeless authorized by this chapter, or the office operating and managing its own homeless facility, shall be responsible for determining if an applicant is eligible for shelter or other services at the homeless facility or through any other program for the homeless, pursuant to standards and criteria established by rule.
(b) The provider agency or the office operating and managing its own homeless facility shall determine the degree of need for each homeless family or individual and in its determination shall consider the resources available and the number of potential eligible applicants in the area served by the homeless facility or other program for the homeless authorized by this chapter.
(c) The office may establish by rule standards and criteria for eligibility, need, and priority for each program for the homeless; provided that the office may establish by rule exceptions to these eligibility requirements based on special circumstances.
§ -13 Abuse of assistance. (a) The provider agency operating and managing a homeless facility, or any other program for the homeless authorized by this chapter, or the office operating and managing its own homeless facility, shall be responsible for determining whether a participant is no longer eligible for shelter or other services at the homeless facility or through any other program for the homeless, pursuant to standards and criteria established by rule.
(b) Pursuant to rule and the right of due process, the office or its designee, or provider agencies together with the office, may act to bar homeless families or individuals from participating further in any homeless facility, may issue a writ of possession, and take such other actions as provided by rule.
The enforcement of a writ of possession shall be effected either by an officer appointed by the office, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ. The person enforcing the writ shall remove all persons from the premises and put the office or its designee, or the provider agency designated by the office, in full possession thereof.
Upon eviction, the household goods and personal effects of the person against whom the writ is entered, and those of any persons using the premises incident to the person's holding, may be removed from the premises immediately and sold or otherwise disposed of by the office or its designee, or the provider agency. If the action is taken, the office or its designee, or the provider agency, shall have a lien on the property so removed for the expenses incurred by it in removing the property.
(c) Any person who enters or remains unlawfully in or upon the premises or living quarters of any homeless facility, or any other program for the homeless authorized by this chapter, after reasonable warning or request to leave by that provider agency's agents, the office, or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii penal code. A warning or request shall only be issued if the person has engaged in unlawful conduct or has violated house rules and regulations; provided that the warning or request related to a violation of house rules shall be issued only if that provider agency, or the office, or its designee, has filed a copy of its current house rules governing tenancy or participation at the shelter, facility, or program, and any changes thereto, with the director of commerce and consumer affairs. The house rules shall be reasonable, and a copy shall be provided to each tenant or participant. The warning or request shall supersede any invitation by a tenant or participant at the shelter, facility, or program to that person to visit the premises or living quarters.
§ -14 Exemptions. (a) Any compensation received by a provider agency for services rendered to homeless families or individuals, or in operating or managing a homeless facility authorized by this chapter, shall be exempt from taxation under chapter 237.
(b) Any county mayor may exempt, by executive order, donors, provider agencies, homeless facilities, and any other program for the homeless 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; provided that any county may enact ordinances to regulate and grant the exemptions granted by this subsection.
(c) Any provider agency operating or managing a homeless facility, or any other program for the homeless authorized by this chapter, is exempt, for purposes of those facilities or programs, from any requirements contained in part VIII of chapter 346 and chapters 467 and 521.
§ -15 Emergency or transitional shelter volunteers. (a) For the purposes of this section, "emergency or transitional shelter volunteer" means an individual who:
(1) Is a tenant at an emergency or transitional shelter administered pursuant to this chapter;
(2) Is not an employee of the provider agency operating or managing the shelter;
(3) Is under the direction of the provider agency operating or managing the shelter and not the office or the State; and
(4) Provides up to eighty hours of volunteer labor or services per month to the provider agency operating or managing the shelter, notwithstanding payment of stipends or credits for the labor and services.
(b) Provider agencies may accept labor and services from emergency or transitional shelter volunteers.
(c) In addition to any exemptions granted to nonpaid labor, emergency or transitional shelter volunteers who acknowledge in writing that they are emergency or transitional shelter volunteers shall not be construed to be in the employ of the provider agency operating or managing the shelter. The volunteers' labor and services provided to the provider agency operating or managing the shelter shall not be construed to constitute employment, and the volunteers shall not be construed to be employees of the provider agency operating or managing the shelter, under any labor law.
§ -16 Annual performance audits. (a) The office may require any provider agency that dispenses shelter or assistance for any homeless facility or any other program for the homeless authorized by this chapter to submit to the office a financial audit and report on an annual basis conducted by a certified public accounting firm. This audit and report should contain information specific to the funds received under state homeless program contracts. The audit shall include recommendations to address any problems found.
(b) Continuing contracts with provider agencies to participate in any program for the homeless authorized by this chapter will require that the provider agency address the recommendations made by the auditing agency, subject to exceptions as set by the office.
(c) Failure to carry out the recommendations made by the auditing agency may be grounds for the office to bar a provider agency from further contracts for programs authorized by this chapter until the barred provider has addressed all deficiencies.
§ -17 Provider agency and donor cooperation are not in restraint of trade. No provider agency or any other agency, or donor or donors, or method or act thereof that complies with this chapter, shall be deemed a conspiracy or combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily, or the creation of a combination or pool, or to accomplish any improper or illegal purpose. Any cooperation or agreement established pursuant to rule shall not be considered as illegal, in restraint of trade, or as part of a conspiracy or combination to accomplish an illegal purpose or act.
§ -18 Construction of chapter. If there is any conflict between this chapter and any other law, this chapter shall control.
§ -19 Homeless shelter stipends. (a) The stipend limits per shelter unit of zero bedrooms shall be adjusted by the office annually on the first day of July pursuant to standards established by rule which may consider changes in the cost of operating homeless facilities, the fair market rents, the consumer price index, or other relevant factors. A "shelter unit of zero bedrooms" means a living unit that is a studio unit or a single-room occupancy unit. The homeless shelter stipend at transitional shelters for larger shelter units shall be related to the difference in unit size, pursuant to standards established by rule.
(b) The office may make or may contract to make homeless shelter stipend payments on behalf of one or more homeless families or individuals to a provider agency operating or managing an emergency or transitional shelter or, in the case that the office itself operates and manages a homeless facility, to the office in amounts and under circumstances as provided by rule. The contract may specify a minimum total amount of homeless shelter stipends to be received by a provider agency for making its shelter and services available to eligible homeless families or individuals, pursuant to rule.
(c) In making homeless shelter stipend payments to a provider agency, the office may establish minimum services to be provided by the provider agency to homeless families or individuals at the agency's shelter. The office may also direct provider agencies to establish and manage a savings account program as described in subsection (d). Additionally, the office may direct provider agencies to subcontract for outreach services from other private agencies specializing in programs for the unsheltered homeless.
(d) Provider agencies and the office may establish and collect shelter and services payments from homeless families or individuals in addition to the amount received in homeless shelter stipend payments pursuant to rule. Provider agencies and the office may also set aside a portion of the payments in a savings account to be made available to homeless families or individuals when these families and individuals vacate the shelter.
§ -20 Temporary emergency housing. (a) In addition to any other duties prescribed by law, the office shall develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals and families. The office shall actively partner with and monitor the efforts of the counties.
(b) Each county shall be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters. The designated locations may include private, county, state, and federal lands at Kalaeloa."
SECTION 3. Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-1.5 General powers and limitation of the counties. Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:
(1) Each county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office;
(2) Each county shall have the power to provide for and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be necessary or proper for the protection and safeguarding of life, health, and property;
(3) Each county shall have the power to enforce all claims on behalf of the county and approve all lawful claims against the county, but shall be prohibited from entering into, granting, or making in any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law;
(4) Each county shall have the power to make contracts and to do all things necessary and proper to carry into execution all powers vested in the county or any county officer;
(5) Each county shall have the power to:
(A) Maintain channels, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters;
(B) Remove from the channels, and from the shores and beaches, any debris that is likely to create an unsanitary condition or become a public nuisance; provided that, to the extent any of the foregoing work is a private responsibility, the responsibility may be enforced by the county in lieu of the work being done at public expense;
(C) Construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, improve, better, extend, and maintain projects or undertakings for the control of and protection against floods and flood waters, including the power to drain and rehabilitate lands already flooded; and
(D) Enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, as required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law 1016);
(6) Each county shall have the power to exercise the power of condemnation by eminent domain when it is in the public interest to do so;
(7) Each county shall have the power to exercise regulatory powers over business activity as are assigned to them by chapter 445 or other general law;
(8) Each county shall have the power to fix the fees and charges for all official services not otherwise provided for;
(9) Each county shall have the power to provide by ordinance assessments for the improvement or maintenance of districts within the county;
(10) Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;
(11) Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;
(12) Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots. In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;
(13) Each county shall have the power to enact
ordinances deemed necessary to protect health, life, and property, and to
preserve the order and security of the county and its inhabitants on any
subject or matter not inconsistent with, or tending to defeat, the intent of
any state statute where the statute does not disclose an express or implied
intent that the statute shall be exclusive or uniform throughout the [
(14) Each county shall have the power to:
(A) Make and enforce within the limits of the county all necessary ordinances covering all:
(i) Local police matters;
(ii) Matters of sanitation;
(iii) Matters of inspection of buildings;
(iv) Matters of condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, and morgues; and
(v) Matters of the collection and disposition of rubbish and garbage;
(B) Provide exemptions for homeless facilities
and any other program for the homeless authorized by chapter [
all matters under this paragraph;
(C) Appoint county physicians and sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have the same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and
(D) Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law;
(15) Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;
(16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:
(A) Any property held for school purposes may not be disposed of without the consent of the superintendent of education;
(B) No property bordering the ocean shall be sold or otherwise disposed of; and
(C) All proceeds from the sale of park lands shall be expended only for the acquisition of property for park or recreational purposes;
(17) Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;
(18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:
(A) Community promotion and public celebrations;
(B) The entertainment of distinguished persons as may from time to time visit the county;
(C) The entertainment of other distinguished persons, as well as, public officials when deemed to be in the best interest of the community; and
(D) The rendering of civic tribute to individuals who, by virtue of their accomplishments and community service, merit civic commendations, recognition, or remembrance;
(19) Each county shall have the power to:
(A) Construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings, and manage, regulate, and control the same;
(B) Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephone, and telecommunications service to the county;
(C) Acquire, regulate, and control any and all appliances for the sprinkling and cleaning of the streets and the public ways, and for flushing the sewers; and
(D) Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways;
(20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;
(21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;
(22) Each county shall have the power to sue and be sued in its corporate name;
(23) Each county shall have the power to establish and maintain waterworks and sewer works; to collect rates for water supplied to consumers and for the use of sewers; to install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises; to take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same;
(24) (A) Each county may impose civil fines, in addition to criminal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator. Any administratively imposed civil fine shall not be collected until after an opportunity for a hearing under chapter 91. Any appeal shall be filed within thirty days from the date of the final written decision. These proceedings shall not be a prerequisite for any civil fine or injunctive relief ordered by the circuit court;
(B) Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, or charges, with the exception of fees or charges for water for residential use and sewer charges, collected by the county. Each county by ordinance may also provide for the addition of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water for residential use and sewer charges, collected by the county. The ordinance shall specify the administrative procedures for the addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings. After addition of the unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall not become a part of any taxes, fees, or charges. The county by ordinance may condition the issuance or renewal of a license, approval, or permit for which a fee or charge is assessed, except for water for residential use and sewer charges, on payment of the unpaid civil fines. Upon recordation of a notice of unpaid civil fines in the bureau of conveyances, the amount of the civil fines, including any increase in the amount of the fine which the county may assess, shall constitute a lien upon all real property or rights to real property belonging to any person liable for the unpaid civil fines. The lien in favor of the county shall be subordinate to any lien in favor of any person recorded or registered prior to the recordation of the notice of unpaid civil fines and senior to any lien recorded or registered after the recordation of the notice. The lien shall continue until the unpaid civil fines are paid in full or until a certificate of release or partial release of the lien, prepared by the county at the owner's expense, is recorded. The notice of unpaid civil fines shall state the amount of the fine as of the date of the notice and maximum permissible daily increase of the fine. The county shall not be required to include a social security number, state general excise taxpayer identification number, or federal employer identification number on the notice. Recordation of the notice in the bureau of conveyances shall be deemed, at such time, for all purposes and without any further action, to procure a lien on land registered in land court under chapter 501. After the unpaid civil fines are added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil fines shall be deemed immediately due, owing, and delinquent and may be collected in any lawful manner. The procedure for collection of unpaid civil fines authorized in this paragraph shall be in addition to any other procedures for collection available to the State and county by law or rules of the courts;
(C) Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county. The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced. The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder. Any such fine may be administratively imposed after an opportunity for a hearing under chapter 91, but such a proceeding shall not be a prerequisite for any civil fine ordered by any court. As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances;
(D) At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case shall be reviewed by the county agency that imposed the civil fines to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending. In its review of the amount of the accrued fines, the county agency may consider:
(i) The nature and egregiousness of the violation;
(ii) The duration of the violation;
(iii) The number of recurring and other similar violations;
(iv) Any effort taken by the violator to correct the violation;
(v) The degree of involvement in causing or continuing the violation;
(vi) Reasons for any delay in the completion of the appeal; and
(vii) Other extenuating circumstances.
The civil fine that is imposed by administrative order after this review is completed and the violation is corrected shall be subject to judicial review, notwithstanding any provisions for administrative review in county charters;
(E) After completion of a review of the amount of accrued civil fine by the county agency that imposed the fine, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator. If no review of the accrued civil fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings;
(F) If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose the civil fine;
(25) Any law to the contrary notwithstanding, any
county mayor may exempt by executive order donors, provider agencies, homeless
facilities, and any other program for the homeless under chapter [
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; provided that any county may enact ordinances to regulate and
grant the exemptions granted by this paragraph;
(26) Any county may establish a captive insurance company pursuant to article 19, chapter 431; and
(27) Each county shall have the power to enact and enforce ordinances regulating towing operations."
SECTION 4. Section 237-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall not apply to the following persons:
(1) Public service companies as that term is defined in section 239-2, with respect to the gross income, either actual gross income or gross income estimated and adjusted, that is included in the measure of the tax imposed by chapter 239;
(2) Public utilities owned and operated by the State or any county, or other political subdivision thereof;
(3) Fraternal benefit societies, orders, or associations, operating under the lodge system, or for the exclusive benefit of the members of the fraternity itself, operating under the lodge system, and providing for the payment of death, sick, accident, prepaid legal services, or other benefits to the members of the societies, orders, or associations, and to their dependents;
(4) Corporations, associations, trusts, or societies
organized and operated exclusively for religious, charitable, scientific, or
educational purposes, as well as that of operating senior citizens housing
facilities qualifying for a loan under the laws of the United States as
authorized by section 202 of the Housing Act of 1959, as amended, as well as
that of operating a prepaid legal services plan, as well as that of operating
or managing a homeless facility, or any other program for the homeless
authorized under [
part VII of] chapter [ 356D;] ;
(5) Business leagues, chambers of commerce, boards of trade, civic leagues, agricultural and horticultural organizations, and organizations operated exclusively for the benefit of the community and for the promotion of social welfare that shall include the operation of a prepaid legal service plan, and from which no profit inures to the benefit of any private stockholder or individual;
(6) Hospitals, infirmaries, and sanitaria;
(7) Cooperative associations incorporated under chapter 421 or Code section 521 cooperatives which fully meet the requirements of section 421-23, except Code section 521 cooperatives need not be organized in Hawaii; provided that:
(A) The exemption shall apply only to the gross income derived from activities that are pursuant to purposes and powers authorized by chapter 421, except those provisions pertaining to or requiring corporate organization in Hawaii do not apply to Code section 521 cooperatives;
(B) The exemption shall not relieve any person who receives any proceeds of sale from the association of the duty of returning and paying the tax on the total gross proceeds of the sales on account of which the payment was made, in the same amount and at the same rate as would apply thereto had the sales been made directly by the person, and all those persons shall be so taxable; and
(C) As used in this paragraph, "section 521 cooperatives" mean associations that qualify as a cooperative under section 521 (with respect to exemption of farmers' cooperatives from tax) of the Internal Revenue Code of 1986, as amended;
(8) Persons affected with Hansen's disease and kokuas, with respect to business within the county of Kalawao;
(9) Corporations, companies, associations, or trusts organized for the establishment and conduct of cemeteries no part of the net earnings of which inures to the financial benefit of any private stockholder or individual; provided that the exemption shall apply only to the activities of those persons in the conduct of cemeteries and shall not apply to any activity the primary purpose of which is to produce income, even though the income is to be used for or in the furtherance of the exempt activities of those persons; and
(10) Nonprofit shippers associations operating under part 296 of the Civil Aeronautics Board Economic Regulations."
SECTION 5. Section 346-152, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Nothing in this part shall be construed to include:
(1) A person caring for children related to the caregiver by blood, marriage, or adoption;
(2) A person, group of persons, or facility caring for a child less than six hours a week;
(3) A kindergarten, school, or program licensed by the department of education;
(4) A program that provides exclusively for a specialized training or skill development for children, including but not limited to programs providing activities such as athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts;
(5) A multiservice organization or community association, duly incorporated under the laws of the State that operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age;
(6) Programs for children four years of age and older that operate for no more than two consecutive calendar weeks in a three-month period;
(7) A provider agency operating or managing a
homeless facility or any other program for homeless persons authorized under [
VII of] chapter [ 356D;] ;
(8) After-school, weekend, and summer recess programs conducted by the department of education pursuant to section 302A-408;
(9) Child care programs for children five years of age and older conducted by counties pursuant to section 302A‑408; provided that each county adopts rules for its programs;
(10) Any person who enters a home in a child caring capacity and only cares for children who are of that household; and
(11) A person caring for two or fewer children unrelated to the caregiver by blood, marriage, or adoption."
SECTION 6. Section 467-2, Hawaii Revised Statutes, is amended to read as follows:
"§467-2 Exceptions. The provisions requiring licensing as a real estate broker or salesperson shall not apply:
(1) To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;
(2) To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;
(3) To any individual who leases, offers to lease, rents, or offers to rent, any real estate or the improvements thereon of which the individual is the custodian or caretaker;
(4) To any person who manages, rents, or operates a hotel; or
(5) To any provider agency owning, leasing,
operating, or managing a homeless facility or any other program for the
homeless authorized under [
part VII of] chapter [ 356D.] ."
SECTION 7. Section 480-11, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) This chapter shall not apply to:
(1) Any provider agencies or donors under [
VII of] chapter [ 356D;] ;
(2) Any provider agency or donor method or act that
complies with [
part VII of] chapter [ 356D;] ; or
(3) Any cooperation or agreement authorized pursuant
to rule under [
part VII of] chapter [ 356D.] ."
SECTION 8. Section 521-7, Hawaii Revised Statutes, is amended to read as follows:
"§521-7 Exclusions from application of chapter. Unless created solely to avoid the application of this chapter, this chapter shall not apply to:
(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;
(2) Residence in a structure directly controlled and managed by the University of Hawaii for housing students or faculty of the University of Hawaii or residence in a structure erected on land leased from the University of Hawaii by a nonprofit corporation for the exclusive purpose of housing students or faculty of the University of Hawaii;
(3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;
(4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;
(5) Transient occupancy on a day-to-day basis in a hotel or motel;
(6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;
(7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;
(8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights;
(9) Occupancy in a homeless facility or any other
program for the homeless authorized under [
part VII of] chapter [ 356D;]
(10) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program; or
(11) Residence or occupancy in a transitional facility for abused family or household members."
SECTION 9. Chapter 356D, part VII, Hawaii Revised Statutes, is repealed.
SECTION 10. Chapter 371K, Hawaii Revised Statutes, is repealed.
SECTION 11. All rights, powers, functions, and duties of the department of labor and industrial relations, relating to the office of community services, are transferred to the department of human services.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possess the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 12. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of labor and industrial relations, relating to the office of community services, shall be transferred with the functions to which they relate.
SECTION 13. All rules, policies, procedures, guidelines, and other material adopted or developed by the agency transferred under this Act to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of human services by this Act, shall remain in full force and effect until amended or repealed by the department of human services pursuant to chapter 91, Hawaii Revised Statutes.
All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the agency transferred under this Act pursuant to the provisions of the Hawaii Revised Statutes, which are reenacted or made applicable to the department of human services by this Act, shall remain in full force and effect.
SECTION 14. All acts passed by the legislature during this regular session of 2009, whether enacted before or after the effective date of this Act, shall be amended to conform to this Act unless such acts specifically provide that this Act is being amended.
SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on July 1, 2046.