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.
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THE SENATE |
S.B. NO. |
365 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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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.
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INTRODUCED BY: |
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