Bill Text: HI SB365 | 2010 | Regular Session | Introduced


Bill Title: Adult Residential Care Homes; Permits; Public Informational Meetings

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB365 Detail]

Download: Hawaii-2010-SB365-Introduced.html

Report Title:

Adult Residential Care Homes; Permits; Public Informational Meetings

 

Description:

Prohibits issuance of a permit for a Type I residential care home with up to five residents within one thousand feet of another Type I or Type II adult residential care home, and allows for immediate revocation of a permit deceptively obtained.  Requires that no Type II adult residential care home with six or more residents may be issued a permit by a county agency unless a public informational meeting is first held in the affected community.


THE SENATE

S.B. NO.

365

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to adult residential care homes.

 

 

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

 


     SECTION 1.  Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents and that are licensed by the State as provided for under section 321-15.6, or in an intermediate care facility/mental retardation-community for persons, including mentally ill, elder, disabled, developmentally disabled, or totally disabled persons, who are not related to the home operator or facility staff; provided that those group living facilities meet all applicable county requirements not inconsistent with the intent of this subsection and including building height, setback, maximum lot coverage, parking, and floor area requirements[.]; provided further that no permit shall be issued by a county agency for a Type I residential care home with up to five residents within one thousand feet of another Type I or Type II adult residential care home, and if a permit is determined by the county to have been deceptively obtained, the county shall prescribe procedures for immediate revocation of the permit; and provided further that for each Type II adult residential care home with six or more residents, a permit shall not be issued by a county agency unless a public informational meeting is first held in the affected community in accordance with procedures to be prescribed by the county."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 

INTRODUCED BY:

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