THE SENATE

S.B. NO.

11

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. The legislature finds that it is a challenge for homeless individuals to recover personal property, including government-issued identification documents, after it has been confiscated during street sweeps by government agencies. It often takes individuals several months to obtain new identification and for a person who is homeless, a lack of identification is a major obstacle in obtaining government benefits and housing.

The purpose of this Act is to protect homeless individuals from having their personal property taken without certain safeguards, including the ability to recover their property, and establish the executive office on homeless identity protection to assist homeless individuals with recovering government-issued identification documents.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"346-A Homeless protections; personal property; identification; recovery. (a) Notwithstanding any law to the contrary, it shall be unlawful for any state or county agency to confiscate personal property, including government-issued identification documents, from a homeless individual unless the state or county agency:

(1) Takes photographs of the personal property;

(2) Takes a written personal statement from the homeless individual; and

(3) Catalogs and stores the personal property for later recovery;

provided that any confiscated government-issued identification documents shall be transferred to the executive office on homeless identity protection pursuant to section 346-B.

(b) For the purposes of this section, "homeless" means:

(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.

This term does not include any individual imprisoned or otherwise detained under an act of Congress or a state law. 346-B Executive office on homeless identity protection; director; general functions, duties, and powers. (a) There is established an executive office on homeless identity protection that shall be temporarily placed within the office of the governor; provided that on July 1, 2019, the executive office on homeless identity protection shall be permanently established within the department for administrative purposes only.

(b) The head of the executive office on homeless identity protection shall be known as the director of the executive office on homeless identity protection, hereinafter referred to as the director. The director shall:

(1) Be appointed by the governor, notwithstanding section 26-34 and chapter 76;

(2) Have professional training in the field of social work or other related fields;

(3) Have direct experience in programs or services related to the homeless;

(4) Have recent experience in a supervisory, consultative, or administrative position;

(5) Be paid a salary set by the governor that shall not exceed ninety per cent of the salary of the director of human resources development; and

(6) Be included in any benefit program generally applicable to the officers and employees of the State.

(c) The director shall be responsible for:

(1) Employing, supervising, and directing staff as may be necessary for the purposes of this section;

(2) Establishing policies and procedures governing the operations of the office;

(3) Administering funds allocated to the office and applying for, receiving, and disbursing grants and donations from all sources to assist homeless individuals with the process, including associated costs, of recovering personal property and government-issued identification documents; and

(4) Assessing the policies and practices of other agencies impacting the ability of homeless individuals to recover personal property and government-issued identification documents.

(d) The office shall assist homeless individuals with the process of recovering personal property and government-issued identification documents that may have been confiscated by state or county agencies pursuant to section 346-A."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.


SECTION 5. This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Executive Office on Homeless Identity Protection; Identification; Personal Property; Recovery

 

Description:

Protects homeless individuals from having their personal property taken from a state or county agency without proper documentation procedures and the ability to recovery property from the agency. Establishes the executive office on homeless identity protection to assist homeless individuals with recovering government-issued identification documents.

 

 

 

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