Hawaii 2024 Regular Session

Hawaii House Bill HB487 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 487 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE OFFICE OF WELLNESS AND RESILIENCE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 487
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	487
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	15	H.D. 1
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO THE OFFICE OF WELLNESS AND RESILIENCE.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	PART I SECTION 1. Act 209, Session Laws of Hawaii 2021, is amended by amending section 2 to read as follows: "SECTION 2. (a) There is established within the department of health for administrative purposes a trauma-informed care task force. The task force shall consist of the following members: (1) The director of health, or the director's designee, who shall serve as the chairperson of the task force; (2) The director of human services, or the director's designee; (3) The superintendent of education, or the superintendent's designee; (4) The director of public safety[,] or its successor agency, or the director's designee; (5) The director of the executive office on early learning, or the director's designee; (6) A member of the judiciary, to be appointed by the chief justice of the supreme court; (7) A faculty member from the university of Hawaii John A. Burns school of medicine, to be appointed by the dean of the university of Hawaii John A. Burns school of medicine; (8) The chief executive officer of Kamehameha Schools, or the chief executive officer's designee, who shall be invited by the chairperson; (9) A member of the law enforcement community, who shall be invited by the chairperson; (10) A member of the non-profit sector, who shall be invited by the chairperson; and (11) A community member or non-profit representative from the Compact of Free Association islander community, who shall be invited by the chairperson. (b) The task force shall develop and make recommendations for trauma-informed care in the State. Specifically, the task force shall: (1) Create, develop, and adopt a statewide framework for trauma-informed and responsive practice. The framework shall include: (A) A clear definition of "trauma-informed and responsive practice"; (B) Principles of trauma-informed and responsive care that may apply to any school, health care provider, law enforcement agency, community organization, state agency, or other entity that has contact with children or youth; (C) Clear examples of how individuals and institutions may implement trauma-informed and responsive practices across different domains, including organizational leadership, workforce development, policy and decision-making, and evaluation; (D) Strategies for preventing and addressing secondary traumatic stress for all professionals and providers working with children and youth and their families who have experienced trauma; (E) Recommendations to implement trauma-informed care professional development and strategy requirements in county and state contracts; and (F) An implementation and sustainability plan, consisting of an evaluation plan with suggested metrics for assessing ongoing progress of the framework; (2) Identify best practices, including those from native Hawaiian cultural practices, with respect to children and youth who have experienced or are at risk of experiencing trauma, and their families; (3) Provide a trauma-informed care inventory and assessment of public and private agencies and departments; (4) Identify various cultural practices that build wellness and resilience in communities; (5) Convene trauma-informed care practitioners so that they may share research and strategies in helping communities build wellness and resilience; (6) Seek ways in which federal funding may be used to better coordinate and improve the response to families impacted by coronavirus disease 2019, substance use disorders, domestic violence, poverty, and other forms of trauma, including making recommendations for a government position to interface with federal agencies to seek and leverage federal funding with county and state agencies and philanthropical organizations; [and] (7) Coordinate data collection and funding streams to support the efforts of the interagency task force[.]; and (8) Serve as an advisory board to the office of wellness and resilience. (c) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature, no later than twenty days prior to the convening of each regular session, beginning with the regular [session] sessions of 2024[.] and 2025. (d) The task force shall cease to exist on [July 1, 2024.] June 30, 2025." PART II SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . OFFICE OF WELLNESS AND RESILIENCE §346-A Definitions. As used in this part, unless the context otherwise requires: "Board" means the wellness and resilience advisory board. "Office" means the office of wellness and resilience. §346-B Office of wellness and resilience; established. (a) There is established within the department for administrative purposes only, the office of wellness and resilience. (b) The office shall be headed by an executive director, who shall be appointed by the director without regard to chapter 76, and who shall serve at the pleasure of the director. (c) The executive director may appoint additional staff for the office. Staff appointed pursuant to this subsection shall be exempt from chapters 76 and 89 but shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State. (d) Department directors may assign additional employees from existing positions within their respective department to the office; provided that the employees shall represent their respective department's needs and shall have direct communication with the respective department's leadership during the course of their assignment with the office. §346-C Functions. The office shall: (1) Address issues identified and implement solutions recommended by the board through a cross-representation of state departments and the private sector, including private donors; (2) Identify common issues, unmet needs, and challenges encountered by departments and work to solve those issues through a cross-representation of state departments and the private sector, including private donors; (3) Seek funding solutions using moneys that each department has access to, including federal, state, and private sources, and work with philanthropic organizations and other entities from the private sector to re-evaluate the State's funding priorities and find funding solutions to implement interdepartmental programming; (4) Establish a procurement team that has cross-agency representation to streamline existing department grant and funding management and meet existing fiduciary obligations and other state requirements; (5) Interact with community agencies, organizations, and other stakeholders to ensure the office is meeting the needs and wellness requirements of communities throughout the State; and (6) Create a social determinants of health electronic dashboard that identifies a baseline of needs and concerns that impede high quality-of-life outcomes. §346-D Annual report. Beginning on July 1, 2025, the office shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains a summary of its activities during the preceding year, including: (1) Actions taken to address issues, unmet needs, and challenges relating to wellness and resilience; (2) Funds received pursuant to the activities of the office from federal, state, private, and philanthropic sources; (3) The office's engagement with community entities and other stakeholders; and (4) Any other findings and recommendations, including any proposed legislation. §346-E Wellness and resilience advisory board; establishment; members; roles. (a) There is established within the department for administrative purposes only, a wellness and resilience advisory board to advise the office in implementing this part. The board shall consist of the following members: (1) The director of health, or the director's designee, who shall serve as the chairperson of the advisory board; (2) The director of human services, or the director's designee; (3) The superintendent of education, or the superintendent's designee; (4) The director of public safety or its successor agency, or the director's designee; (5) The director of the executive office on early learning, or the director's designee; (6) A member of the judiciary, to be appointed by the chief justice of the supreme court; (7) A faculty member from the University of Hawaii John A. Burns school of medicine, to be appointed by the dean of the University of Hawaii John A. Burns school of medicine; (8) The chief executive officer of Kamehameha Schools, or the chief executive officer's designee, who shall be invited by the chairperson; (9) A member of the law enforcement community, who shall be invited by the chairperson; (10) A member of the non-profit sector, who shall be invited by the chairperson; and (11) A community member or non-profit representative from the Compact of Free Association islander community, who shall be invited by the chairperson. (b) The wellness and resiliency advisory board shall develop and make recommendations for trauma-informed care in the State. Specifically, the advisory board shall: (1) Create, develop, and adopt a statewide framework for trauma-informed and responsive practice. The framework shall include: (A) A clear definition of "trauma-informed and responsive practice"; (B) Principles of trauma-informed and responsive care that may apply to any school, health care provider, law enforcement agency, community organization, state agency, or other entity that has contact with children or youth; (C) Clear examples of how individuals and institutions may implement trauma-informed and responsive practices across different domains, including organizational leadership, workforce development, policy and decision-making, and evaluation; (D) Strategies for preventing and addressing secondary traumatic stress for all professionals and providers working with children and youth and their families who have experienced trauma; (E) Recommendations to implement trauma-informed care professional development and strategy requirements in county and state contracts; and (F) An implementation and sustainability plan, consisting of an evaluation plan with suggested metrics for assessing ongoing progress of the framework; (2) Identify best practices, including those from Native Hawaiian cultural practices, with respect to children and youth who have experienced or are at risk of experiencing trauma, and their families; (3) Provide a trauma-informed care inventory and assessment of public and private agencies and departments; (4) Identify various cultural practices that build wellness and resilience in communities; (5) Convene trauma-informed care practitioners so that they may share research and strategies in helping communities build wellness and resilience; (6) Seek ways in which federal funding may be used to better coordinate and improve the response to families impacted by coronavirus disease 2019, substance use disorders, domestic violence, poverty, and other forms of trauma, including making recommendations for a government position to interface with federal agencies to seek and leverage federal funding with county and state agencies and philanthropical organizations; and (7) Coordinate data collection and funding streams to support the efforts of the interagency task force. (c) The nongovernmental members of the wellness and resiliency advisory board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties." SECTION 3. All rights, powers, functions, and duties of the office of the governor relating to the office of wellness and resilience are transferred to the department of human services. All employees who occupy civil service positions and whose functions are transferred to the department of human services by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The executive director of the office of wellness and resilience may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes. SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of the governor relating to the functions of the office of wellness and resilience transferred to the department of human services shall be transferred with the functions to which they relate. PART III SECTION 5. Chapter 27, part IX, Hawaii Revised Statutes, is repealed. PART IV SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on June 30, 3000.
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49	49	PART I
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51	51	SECTION 1. Act 209, Session Laws of Hawaii 2021, is amended by amending section 2 to read as follows:
52	52
53	53	"SECTION 2. (a) There is established within the department of health for administrative purposes a trauma-informed care task force. The task force shall consist of the following members:
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55	55	(1) The director of health, or the director's designee, who shall serve as the chairperson of the task force;
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57	57	(2) The director of human services, or the director's designee;
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59	59	(3) The superintendent of education, or the superintendent's designee;
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61	61	(4) The director of public safety[,] or its successor agency, or the director's designee;
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63	63	(5) The director of the executive office on early learning, or the director's designee;
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65	65	(6) A member of the judiciary, to be appointed by the chief justice of the supreme court;
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67	67	(7) A faculty member from the university of Hawaii John A. Burns school of medicine, to be appointed by the dean of the university of Hawaii John A. Burns school of medicine;
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69	69	(8) The chief executive officer of Kamehameha Schools, or the chief executive officer's designee, who shall be invited by the chairperson;
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71	71	(9) A member of the law enforcement community, who shall be invited by the chairperson;
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73	73	(10) A member of the non-profit sector, who shall be invited by the chairperson; and
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75	75	(11) A community member or non-profit representative from the Compact of Free Association islander community, who shall be invited by the chairperson.
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77	77	(b) The task force shall develop and make recommendations for trauma-informed care in the State. Specifically, the task force shall:
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79	79	(1) Create, develop, and adopt a statewide framework for trauma-informed and responsive practice. The framework shall include:
80	80
81	81	(A) A clear definition of "trauma-informed and responsive practice";
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83	83	(B) Principles of trauma-informed and responsive care that may apply to any school, health care provider, law enforcement agency, community organization, state agency, or other entity that has contact with children or youth;
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85	85	(C) Clear examples of how individuals and institutions may implement trauma-informed and responsive practices across different domains, including organizational leadership, workforce development, policy and decision-making, and evaluation;
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87	87	(D) Strategies for preventing and addressing secondary traumatic stress for all professionals and providers working with children and youth and their families who have experienced trauma;
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89	89	(E) Recommendations to implement trauma-informed care professional development and strategy requirements in county and state contracts; and
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91	91	(F) An implementation and sustainability plan, consisting of an evaluation plan with suggested metrics for assessing ongoing progress of the framework;
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93	93	(2) Identify best practices, including those from native Hawaiian cultural practices, with respect to children and youth who have experienced or are at risk of experiencing trauma, and their families;
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95	95	(3) Provide a trauma-informed care inventory and assessment of public and private agencies and departments;
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97	97	(4) Identify various cultural practices that build wellness and resilience in communities;
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99	99	(5) Convene trauma-informed care practitioners so that they may share research and strategies in helping communities build wellness and resilience;
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101	101	(6) Seek ways in which federal funding may be used to better coordinate and improve the response to families impacted by coronavirus disease 2019, substance use disorders, domestic violence, poverty, and other forms of trauma, including making recommendations for a government position to interface with federal agencies to seek and leverage federal funding with county and state agencies and philanthropical organizations; [and]
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103	103	(7) Coordinate data collection and funding streams to support the efforts of the interagency task force[.]; and
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105	105	(8) Serve as an advisory board to the office of wellness and resilience.
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107	107	(c) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature, no later than twenty days prior to the convening of each regular session, beginning with the regular [session] sessions of 2024[.] and 2025.
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109	109	(d) The task force shall cease to exist on [July 1, 2024.] June 30, 2025."
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111	111	PART II
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113	113	SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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115	115	"Part . OFFICE OF WELLNESS AND RESILIENCE
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117	117	§346-A Definitions. As used in this part, unless the context otherwise requires:
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119	119	"Board" means the wellness and resilience advisory board.
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121	121	"Office" means the office of wellness and resilience.
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123	123	§346-B Office of wellness and resilience; established. (a) There is established within the department for administrative purposes only, the office of wellness and resilience.
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125	125	(b) The office shall be headed by an executive director, who shall be appointed by the director without regard to chapter 76, and who shall serve at the pleasure of the director.
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127	127	(c) The executive director may appoint additional staff for the office. Staff appointed pursuant to this subsection shall be exempt from chapters 76 and 89 but shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State.
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129	129	(d) Department directors may assign additional employees from existing positions within their respective department to the office; provided that the employees shall represent their respective department's needs and shall have direct communication with the respective department's leadership during the course of their assignment with the office.
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131	131	§346-C Functions. The office shall:
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133	133	(1) Address issues identified and implement solutions recommended by the board through a cross-representation of state departments and the private sector, including private donors;
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135	135	(2) Identify common issues, unmet needs, and challenges encountered by departments and work to solve those issues through a cross-representation of state departments and the private sector, including private donors;
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137	137	(3) Seek funding solutions using moneys that each department has access to, including federal, state, and private sources, and work with philanthropic organizations and other entities from the private sector to re-evaluate the State's funding priorities and find funding solutions to implement interdepartmental programming;
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139	139	(4) Establish a procurement team that has cross-agency representation to streamline existing department grant and funding management and meet existing fiduciary obligations and other state requirements;
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141	141	(5) Interact with community agencies, organizations, and other stakeholders to ensure the office is meeting the needs and wellness requirements of communities throughout the State; and
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143	143	(6) Create a social determinants of health electronic dashboard that identifies a baseline of needs and concerns that impede high quality-of-life outcomes.
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145	145	§346-D Annual report. Beginning on July 1, 2025, the office shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains a summary of its activities during the preceding year, including:
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147	147	(1) Actions taken to address issues, unmet needs, and challenges relating to wellness and resilience;
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149	149	(2) Funds received pursuant to the activities of the office from federal, state, private, and philanthropic sources;
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151	151	(3) The office's engagement with community entities and other stakeholders; and
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153	153	(4) Any other findings and recommendations, including any proposed legislation.
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155	155	§346-E Wellness and resilience advisory board; establishment; members; roles. (a) There is established within the department for administrative purposes only, a wellness and resilience advisory board to advise the office in implementing this part. The board shall consist of the following members:
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157	157	(1) The director of health, or the director's designee, who shall serve as the chairperson of the advisory board;
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159	159	(2) The director of human services, or the director's designee;
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161	161	(3) The superintendent of education, or the superintendent's designee;
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163	163	(4) The director of public safety or its successor agency, or the director's designee;
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165	165	(5) The director of the executive office on early learning, or the director's designee;
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167	167	(6) A member of the judiciary, to be appointed by the chief justice of the supreme court;
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169	169	(7) A faculty member from the University of Hawaii John A. Burns school of medicine, to be appointed by the dean of the University of Hawaii John A. Burns school of medicine;
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171	171	(8) The chief executive officer of Kamehameha Schools, or the chief executive officer's designee, who shall be invited by the chairperson;
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173	173	(9) A member of the law enforcement community, who shall be invited by the chairperson;
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175	175	(10) A member of the non-profit sector, who shall be invited by the chairperson; and
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177	177	(11) A community member or non-profit representative from the Compact of Free Association islander community, who shall be invited by the chairperson.
178	178
179	179	(b) The wellness and resiliency advisory board shall develop and make recommendations for trauma-informed care in the State. Specifically, the advisory board shall:
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181	181	(1) Create, develop, and adopt a statewide framework for trauma-informed and responsive practice. The framework shall include:
182	182
183	183	(A) A clear definition of "trauma-informed and responsive practice";
184	184
185	185	(B) Principles of trauma-informed and responsive care that may apply to any school, health care provider, law enforcement agency, community organization, state agency, or other entity that has contact with children or youth;
186	186
187	187	(C) Clear examples of how individuals and institutions may implement trauma-informed and responsive practices across different domains, including organizational leadership, workforce development, policy and decision-making, and evaluation;
188	188
189	189	(D) Strategies for preventing and addressing secondary traumatic stress for all professionals and providers working with children and youth and their families who have experienced trauma;
190	190
191	191	(E) Recommendations to implement trauma-informed care professional development and strategy requirements in county and state contracts; and
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193	193	(F) An implementation and sustainability plan, consisting of an evaluation plan with suggested metrics for assessing ongoing progress of the framework;
194	194
195	195	(2) Identify best practices, including those from Native Hawaiian cultural practices, with respect to children and youth who have experienced or are at risk of experiencing trauma, and their families;
196	196
197	197	(3) Provide a trauma-informed care inventory and assessment of public and private agencies and departments;
198	198
199	199	(4) Identify various cultural practices that build wellness and resilience in communities;
200	200
201	201	(5) Convene trauma-informed care practitioners so that they may share research and strategies in helping communities build wellness and resilience;
202	202
203	203	(6) Seek ways in which federal funding may be used to better coordinate and improve the response to families impacted by coronavirus disease 2019, substance use disorders, domestic violence, poverty, and other forms of trauma, including making recommendations for a government position to interface with federal agencies to seek and leverage federal funding with county and state agencies and philanthropical organizations; and
204	204
205	205	(7) Coordinate data collection and funding streams to support the efforts of the interagency task force.
206	206
207	207	(c) The nongovernmental members of the wellness and resiliency advisory board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties."
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209	209	SECTION 3. All rights, powers, functions, and duties of the office of the governor relating to the office of wellness and resilience are transferred to the department of human services.
210	210
211	211	All employees who occupy civil service positions and whose functions are transferred to the department of human services by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
212	212
213	213	Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The executive director of the office of wellness and resilience may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
214	214
215	215	SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of the governor relating to the functions of the office of wellness and resilience transferred to the department of human services shall be transferred with the functions to which they relate.
216	216
217	217	PART III
218	218
219	219	SECTION 5. Chapter 27, part IX, Hawaii Revised Statutes, is repealed.
220	220
221	221	PART IV
222	222
223	223	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
224	224
225	225	SECTION 7. This Act shall take effect on June 30, 3000.
226	226
227	227
228	228
229	229	Report Title: Office of Wellness and Resilience; Wellness and Resilience Advisory Board; Trauma-Informed Care Task Force; Office of the Governor; Department of Human Services Description: Extends the sunset date of trauma-informed care task force established by Act 209, SLH 2021, to 6/30/2025. Beginning 7/1/2025, transfers the office of wellness and resilience from the office of the governor to the department of human services and formalizes the trauma-informed care task force as an advisory committee within the office of wellness and resilience, to be known as the wellness and resilience advisory board. Effective 6/30/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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235	235	Report Title:
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237	237	Office of Wellness and Resilience; Wellness and Resilience Advisory Board; Trauma-Informed Care Task Force; Office of the Governor; Department of Human Services
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239	239
240	240
241	241	Description:
242	242
243	243	Extends the sunset date of trauma-informed care task force established by Act 209, SLH 2021, to 6/30/2025. Beginning 7/1/2025, transfers the office of wellness and resilience from the office of the governor to the department of human services and formalizes the trauma-informed care task force as an advisory committee within the office of wellness and resilience, to be known as the wellness and resilience advisory board. Effective 6/30/3000. (HD1)
244	244
245	245
246	246
247	247
248	248
249	249
250	250
251	251	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.