Bill Text: HI SB2287 | 2010 | Regular Session | Amended
Bill Title: Counties; Zoning; Group Living Homes; Task Force
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2010-03-19 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on WLO with none voting no (0) and Representative(s) Carroll, Chang, Har, Manahan, Morita, M. Oshiro, Tokioka, Ward excused (8). [SB2287 Detail]
Download: Hawaii-2010-SB2287-Amended.html
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THE SENATE |
S.B. NO. |
2287 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COUNTY ZONING FOR GROUP LIVING FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that counties are not allowed under existing law to prohibit state-licensed group living facilities if these facilities otherwise meet all applicable county requirements, including building code provisions. Some group living facilities situated close together have placed unreasonable hardship on the residents of those neighborhoods, including traffic safety and congestion, the disruption of commercial deliveries, and elevated noise levels.
The legislature further finds that the Fair Housing Act prohibits making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including individuals with disabilities who may choose to live in a group living facility.
The purpose of this Act is to clarify county zoning requirements concerning group living facilities and establish a task force to review local, state, and federal policies regarding zoning for group living facilities.
SECTION 2. 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[.], traffic
safety and congestion, noise levels, and commercial deliveries."
SECTION 3. (a) There is established a temporary task force, placed within the executive office on aging for administrative purposes, to review local, state, and federal policies regarding zoning for group living facilities.
(b) The task force shall be composed of the following members:
(1) The director of public safety or the director's designee;
(2) A representative from an adult residential care home association;
(3) A representative from a community care foster home association;
(4) A representative from AARP;
(5) The director of the executive office on aging or the director's designee; and
(6) The county executive of the elderly affairs division of the department of community services of the city and county of Honolulu or the county executive's designee.
(c) The members of the task force shall serve without compensation and shall not be reimbursed for expenses.
(d) The task force shall submit a report of its findings and any recommended legislation to the legislature no later than twenty days prior to the convening of the regular session of 2011.
(e) The task force shall cease to exist on
June 30, 2011.
SECTION 4. Statutory material to be repealed is bracketed and stricken.
New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Counties; Zoning; Group Living Homes; Task Force
Description:
Requires counties to consider in zoning for group living facilities impacts of traffic safety and congestion, elevated noise levels, and disruption of commercial deliveries upon the residents in the surrounding area. Establishes a task force to review local, state, and federal policies regarding zoning for group living facilities. (SB2287 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
