Bill Text: HI HB2750 | 2024 | Regular Session | Amended
Bill Title: Relating To Clean And Sober Homes.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with Representative(s) Garcia, Perruso voting aye with reservations; Representative(s) Kapela voting no (1) and Representative(s) Nakashima, Nishimoto, Sayama, Ward excused (4). [HB2750 Detail]
Download: Hawaii-2024-HB2750-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2750 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CLEAN AND SOBER HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 321-193.7, Hawaii Revised Statutes, is amended to read as follows:
"§321-193.7 Clean and sober homes
registry. (a) The department shall establish a voluntary
clean and sober homes registry to assist persons recovering from substance
abuse to have a safe, clean, and sober environment that supports their recovery. The department shall ensure that there is equitable
distribution of clean and sober homes throughout a particular county and shall establish procedures and
standards by which clean and sober homes [will be allowed to] shall
be listed on the registry, including but not limited to:
(1) Organizational and administrative standards;
(2) Fiscal management standards;
(3) Operation standards;
(4) Recovery support standards;
(5) Property standards; and
(6) Good neighbor standards.
(b)
As part of the application process for a certificate of registration, an
applicant shall obtain written approval from the appropriate county planning or
permitting department that the property that is the subject of the application
is in compliance with all land use and zoning ordinances and rules.
[(b)] (c) Upon review and approval of a home operator's
application, the department shall issue a certificate of registration that
shall specify:
(1) The name of the holder of the registration;
(2) The address to which the registration applies;
(3) The maximum number of persons to reside in the home; and
(4) The period for
which the registration shall be valid.
(d) No certificate of registration under
subsection (c) shall be issued by the department:
(1) For properties
located in a county with a population of more than 500,000, unless a public
informational meeting is first held before a neighborhood board in the affected
community; and
(2) If there are
more than
registered clean
and sober homes within a
mile radius in the affected community.
(e) An owner, operator, or landlord shall not hold the property out to be or advertise to be a "registered clean and sober home" unless the home is registered and in good standing with the clean and sober homes registry.
[(c)] (f) The certificate of registration shall be
publicly displayed at the home.
[(d)] (g) The certificate of registration shall not be
transferred to a new owner or operator, or to an address other than as
specified on the certificate of registration.
[(e)] (h) Nothing in this section shall relieve a
certificate holder from compliance with other pertinent statutory provisions,
nor shall a certificate holder be relieved from compliance with other
applicable provisions of federal, state, or county laws, ordinances, or rules.
[(f)] (i) The department may revoke the certificate of
registration if a home ceases to meet established standards or any other
applicable federal, state, or county law, ordinance, or rule.
[(g)] (j) The department may immediately revoke a
certificate of registration if there are reasonable grounds to believe that the
continued operation of the home presents an immediate danger to residents of
the home or the general public.
[(h)] (k) Any revocation of the certificate of
registration shall be made in writing to the certificate holder.
[(i)] (l) The department shall maintain a listing of all
registered clean and sober homes on its website.
[(j)] (m) The department shall establish a toll-free
telephone number to receive complaints regarding clean and sober homes. The department and pertinent county agencies
shall work together to resolve problems and complaints received by either the
State or counties regarding clean and sober homes. The department shall educate the public on:
(1) Clean and sober homes;
(2) The department's registry of clean and sober homes;
(3) State and county procedures pertaining to clean and sober homes; and
(4) Contact information and procedures for inquiries and complaints related to clean and sober homes.
[(k)] (n) This section shall not be construed to
abrogate an individual's right to privacy.
Unless otherwise provided by law, the department shall implement
sufficient protections to ensure that the identity of a clean and sober home
resident remains confidential and that information collected pursuant to this
section is used solely for the purposes of this section.
[(l)] (o) The department shall adopt rules under chapter
91 as necessary to carry out the purposes of this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Department of Health; Clean and Sober Homes Registry; Notification
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
