Bill Text: HI HB1993 | 2012 | Regular Session | Introduced

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Bill Title: Clean and Sober Homes; Halfway Houses; Licensing

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2012-01-19 - (H) Referred to HUS/HLT, FIN, referral sheet 2 [HB1993 Detail]

Download: Hawaii-2012-HB1993-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1993
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE REGULATION OF CLEAN AND SOBER HOMES AND HALFWAY HOUSES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346-    Clean and sober homes and halfway houses.  (a)  Beginning July 1, 2013, each clean and sober home and halfway house shall be licensed to ensure the health, safety, and welfare of the individuals therein and of the neighbors in close proximity to these dwellings; and to support a smooth transition of the individuals therein into the communities in which these dwellings are located.

     (b)  Any operator of a clean and sober home or halfway house shall obtain a general excise tax license under section 237-9 prior to commencing operations of a clean and sober home or halfway house.  The excise license shall not be a substitute for any county regulation or permit or for the notice requirement of section 46-4(e).

     (c)  The director of human services shall adopt rules in accordance with chapter 91 to regulate clean and sober homes and halfway houses.  The rules shall:

     (1)  Establish standard operating procedures;

     (2)  Provide a review process to monitor compliance in meeting the standard operating procedures;

     (3)  Provide a residential program for care and rehabilitation for persons who require structured living and who are suffering or recovering from substance abuse; are undergoing sex offender treatment; have been released or are under supervised release from a correctional facility; or have been released from a mental health treatment facility;

     (4)  Set occupancy standards for clean and sober homes and halfway houses based on room size and not based on the cost of the rental housing;

     (5)  Identify best practices for communicating with the surrounding community; and

     (6)  Ensure the safety and welfare of the residents, staff, and volunteers of clean and sober homes and halfway houses, and their neighbors.

     (d)  Prior to being issued a license to commence operation of a clean and sober home or halfway house, the operator of the home or house shall conduct at least one public informational meeting at a neighborhood board meeting in the area in which the home or house will be located.  If the home or house will be located in an area that does not have a neighborhood board, the public informational meeting shall be held at the county council.  Notarized affidavits confirming that adjoining and surrounding property owners were sent written notification of any such informational meeting in a timely manner shall be required.  The department of human services shall consider the testimony received at the informational meeting in determining whether to grant a license for the operation of a clean and sober home or halfway house.

     (e)  An annual licensing fee for all clean and sober homes and halfway houses shall be established by the department of human services.  All proceeds from the licensing fee shall be applied to the administrative costs of the licensing program.

     (f)  The department of human services shall institute a schedule of penalties and fees for the violation of any rule or regulation applying to clean and sober homes and halfway houses.

     (g)  The department of human services shall maintain a listing of all licensed clean and sober homes and halfway houses in the State that shall be deemed a public record.

     (h)  After June 30, 2013, state agencies, including but not limited to the Hawaii paroling authority, shall only refer clients to licensed clean and sober homes and halfway houses.

     (i)  All existing clean and sober homes and halfway houses will have one year from the effective date of this Act to comply with this section and any rules or regulations adopted by the department of human services applicable to clean and sober homes and halfway houses.

     (j)  The department of human services shall adopt, modify, and repeal rules of general application as may be necessary to effectuate this section.

     (k)  The terms "clean and sober home" and "halfway house" shall have the meanings ascribed to them under section 46-4(f)."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Clean and Sober Homes; Halfway Houses; Licensing

 

Description:

Requires the licensing of all clean and sober homes and halfway houses.  Requires the Department of Human Services to adopt rules that regulate these dwellings.

 

 

 

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