SB2534

Report Title:

Social Service Facilities; Public Hearings

Description:

Requires a public hearing whenever a state, county, and private operator seeks to establish a social service facility in a residential neighborhood or business.

THE SENATE	S.B. NO.	2534
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to social service FACILITIES.

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

SECTION 1. The legislature finds that too often the public is not given an opportunity to voice their concerns when state and county government decide to locate social service facilities in their neighborhood or next to their schools, businesses, churches, and other places where they frequent. A recent example was the State's attempt to relocate the sexual offender parole office across the street from St. Andrews Priory and nearby to Hawaii Pacific University, Royal Elementary school, and Central Middle School. This lack of opportunity also exists when private and nonprofit organizations providing social services funded in part by state or county programs move into new neighborhoods. Therefore, the purpose of this Act is to require public hearings for the public to voice their concerns relating to all state, county, and private nonprofit social service facility that are entering their neighborhood and places the public frequents.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Social service facilities; public hearings. (a) No county shall issue a permit to a private operator to establish a social service facility in a neighborhood zoned for residential use unless the private operator hosts a public hearing that meets the requirements of this section.

(b) The private operator shall give notice, at least fifteen days in advance of the public hearing, to all persons residing within one city block of the proposed social service facility, to the neighborhood board, if any, covering the affected residential area, and to the county agency that will issue any permit to the operator of the social service facility. Every person attending the public hearing shall have the opportunity to be heard.

(c) For purposes of this section, "social service facility" means any facility used to provide living accommodations or care services, including group homes, halfway houses, boarding houses, homes for children, the elderly, battered children and adults, recovery homes, independent group living facilities, hospices, convalescent homes, nursing homes, and sanitariums."

SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Social service facilities; public hearings. (a) No state, county, or private nonprofit organization funded in part by state or county revenues shall establish a social service facility in a school zone, business zone, or neighborhood zoned for residential use unless the state, county, or private nonprofit organization hosts a public hearing that meets the requirements of this section.

(b) The state, county, or private nonprofit organization funded in part by state or county revenues shall give notice at least fifteen days in advance of a public hearing, to all persons, businesses, recreational facilities, and other social, personal, or religious dwellings standing within one city block of the proposed social service facility and shall further give notice to the neighborhood board, if any, covering the affected area. Every person attending the public hearing shall have the opportunity to be heard.

"Health services" means any services provided to the public funded by the department of health.

"Social service facility" means any facility used to provide living accommodations or care services, including group homes, halfway houses, boarding houses, homes for children, the elderly, battered children and adults, recovery homes, independent group living facilities, hospices, convalescent homes, nursing homes, and sanitariums. It shall also include any office which provide health services to the community."

SECTION 4. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346- Social service facilities; public hearings. (a) No state, county, or private nonprofit organization funded in part by state or county revenues shall establish a social service facility in a school zone, business zone, or neighborhood zoned for residential use unless the state, county, or private nonprofit organization hosts a public hearing that meets the requirements of this section.

(b) The state, county, or private nonprofit organization funded in part by state or county revenues shall give notice at least fifteen days in advance of the public hearing, to all persons, businesses, recreational facilities, and other social, personal, or religious dwellings standing within one city block of the proposed social service facility and shall further give notice to the neighborhood board, if any, covering the affected area. Every person attending the public hearing shall have the opportunity to be heard.

SECTION 5. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Social service facilities; public hearings. (a) No state, county, or private nonprofit organization funded in part by state or county revenues shall establish a social service facility in a school zone, business zone, or neighborhood zoned for residential use unless the state, county, or private nonprofit organization hosts a public hearing that meets the requirements of this section.

(d) For the purpose of this section "correction services" means any services provided to the public funded by the department of public safety."

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________