Haw. Rev. Stat. § 346-361

Current through Chapter 253 of the 2024 Legislative Session
Section 346-361 - Definitions

As used in this part, 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 part, 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 who are not able to stay in a transitional shelter or reside in a dwelling unit.

"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.

"Homeless facility" means a development designed to provide shelter for homeless families or individuals pursuant to this part, or to facilitate any other homeless program authorized by this part, and may include emergency or transitional shelters.

"Homeless shelter stipend" means a payment to a provider agency from the department to provide temporary shelter and appropriate services for a homeless family or individual at a homeless facility operated or managed by the provider agency.

"Provider agency" means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the department to provide labor and services to any homeless facility or any other program for the homeless authorized by this part that is:

(1) A for-profit organization incorporated under the laws of the State; or

(2) A nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; that has a governing board whose members have no material conflict of interest and who serve without compensation, and that has adopted bylaws or policies that describe the manner in which business is conducted, including 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 for a maximum of twenty-four months to homeless families or individuals qualified by the pertinent provider agency or department to stay in the transitional shelter.

HRS § 346-361

Amended by L 2016, c 234,§ 3, eff. 7/1/2017.
Amended by L 2017, c 100,§ 4, eff. 6/30/2017.
L 2010, c 89, pt of §2 .