Hawaii 2024 Regular Session

Hawaii Senate Bill SB1379 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1379 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PENALTIES FOR UNLICENSED CARE HOMES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1379
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 1
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1379
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	15	S.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 PENALTIES FOR UNLICENSED CARE HOMES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the department of health has conducted investigations on two hundred twenty-one alleged unlicensed care homes during the past forty-eight months and has closed eleven homes and assessed $2,489,800 in administrative penalties. Investigations on eighty-nine unlicensed homes are underway or pending. Meanwhile, unlicensed care homes continue to operate and pose a danger to the public and to frail, elderly, and vulnerable populations. Section 321-486.3, Hawaii Revised Statutes, and section 321-20, Hawaii Revised Statutes, cause confusion with regard to penalties. Section 321-20(1), Hawaii Revised Statutes, contains administrative remedies and authorizes an administrative penalty not to exceed $1,000 for each day a violation of chapter 321, Hawaii Revised Statutes, occurs. Operating a care facility without a certificate or license is a violation of chapter 321, Hawaii Revised Statutes, and thus would be punishable by section 321-20, Hawaii Revised Statutes. However, section 321-486.3, Hawaii Revised Statutes, contains a separate penalty for operating a care facility without a certificate or license that is limited to $100 for each day of uncertified or unlicensed operation for the first violation, and up to $1,000 for each day of a subsequent violation. Unlicensed care homes charge as much as $8,000 per month per client for multiple clients. A penalty under section 321-20(1), Hawaii Revised Statutes, of up to $1,000 per day regardless of the number of prior violations would be a better remedial penalty to prevent operators from financially benefiting from operating a care home without a license or certificate. The purpose of this Act is to clarify the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license by repealing section 321-486.3, Hawaii Revised Statutes. SECTION 2. Section 321-486.3, Hawaii Revised Statutes, is repealed. ["[§321-486.3] Penalty. Any person who intentionally operates a care facility without a certificate of license shall be guilty of a misdemeanor and shall be fined no more than: (1) $100 for each day of uncertified or unlicensed operation for the first violation; (2) $500 for each day of uncertified or unlicensed operation for the second violation; and (3) $1,000 for each day of uncertified or unlicensed operation for the third and each succeeding violation."] SECTION 3. Statutory material to be repealed is bracketed and stricken. SECTION 4. This Act shall take effect on July 1, 2050.
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49	49	SECTION 1. The legislature finds that the department of health has conducted investigations on two hundred twenty-one alleged unlicensed care homes during the past forty-eight months and has closed eleven homes and assessed $2,489,800 in administrative penalties. Investigations on eighty-nine unlicensed homes are underway or pending. Meanwhile, unlicensed care homes continue to operate and pose a danger to the public and to frail, elderly, and vulnerable populations.
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51	51	Section 321-486.3, Hawaii Revised Statutes, and section 321-20, Hawaii Revised Statutes, cause confusion with regard to penalties. Section 321-20(1), Hawaii Revised Statutes, contains administrative remedies and authorizes an administrative penalty not to exceed $1,000 for each day a violation of chapter 321, Hawaii Revised Statutes, occurs. Operating a care facility without a certificate or license is a violation of chapter 321, Hawaii Revised Statutes, and thus would be punishable by section 321-20, Hawaii Revised Statutes. However, section 321-486.3, Hawaii Revised Statutes, contains a separate penalty for operating a care facility without a certificate or license that is limited to $100 for each day of uncertified or unlicensed operation for the first violation, and up to $1,000 for each day of a subsequent violation. Unlicensed care homes charge as much as $8,000 per month per client for multiple clients. A penalty under section 321-20(1), Hawaii Revised Statutes, of up to $1,000 per day regardless of the number of prior violations would be a better remedial penalty to prevent operators from financially benefiting from operating a care home without a license or certificate.
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53	53	The purpose of this Act is to clarify the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license by repealing section 321-486.3, Hawaii Revised Statutes.
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55	55	SECTION 2. Section 321-486.3, Hawaii Revised Statutes, is repealed.
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57	57	["[§321-486.3] Penalty. Any person who intentionally operates a care facility without a certificate of license shall be guilty of a misdemeanor and shall be fined no more than:
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59	59	(1) $100 for each day of uncertified or unlicensed operation for the first violation;
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61	61	(2) $500 for each day of uncertified or unlicensed operation for the second violation; and
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63	63	(3) $1,000 for each day of uncertified or unlicensed operation for the third and each succeeding violation."]
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65	65	SECTION 3. Statutory material to be repealed is bracketed and stricken.
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67	67	SECTION 4. This Act shall take effect on July 1, 2050.
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69	69	Report Title: Care Homes; Penalties Description: Clarifies the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license. Effective 7/1/2050. (SD1) 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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75	75	Report Title:
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77	77	Care Homes; Penalties
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81	81	Description:
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83	83	Clarifies the penalty to be assessed on any person who intentionally operates a care facility without a certificate or license. Effective 7/1/2050. (SD1)
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91	91	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.