HB1734

Report Title:

Drug Rehabilitation Homes

Description:

Repeals section 46-15.39, Hawaii Revised Statutes, returning traditional zoning regulatory authority in residential zones back to the counties.

HOUSE OF REPRESENTATIVES	H.B. NO.	1734
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO DRUGS.

 

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

SECTION 1. Section 22 of Act 44, Session Laws of Hawaii 2004, since codified as section 46-15.39, Hawaii Revised Statutes, allowed drug rehabilitation homes as a permitted use in residential zoned districts by nonprofit operators licensed by the department of health, following a public meeting by the department held in the affected community, without the need for any conditional use permit, variance, or other special permit issued by the county in which the home is to be situated.

This provision directly contradicts the doctrine of home rule by taking away the counties' powers to regulate land use in residential zoned districts. Furthermore, it eliminates any opportunity for the county to impose conditions to mitigate any negative impact on the neighborhood.

The purpose of this Act is to repeal section 46-15.39, Hawaii Revised Statutes, and return land use regulatory powers in residential zoned districts to the counties.

SECTION 2. Section 46-15.39, Hawaii Revised Statutes, is repealed.

["[§46-15.39] Drug rehabilitation homes; permitted use in residential areas. (a) For purposes of section 46-4, a drug rehabilitation home shall be considered a residential use of property and shall be a permitted use in residentially designated zones including, but not limited to, zones for single-family dwellings. No conditional use, permit, variance, or special exception shall be required for a residence used as a drug rehabilitation home.

(b) No drug rehabilitation home under subsection (a) shall be permitted unless a public informational meeting is first held in the affected community by the department of health.

(c) For purposes of this section, "drug rehabilitation home" means any facility that accommodates no more than ten unrelated persons and is operated by a community-based nonprofit agency licensed by the department of health, whose purpose is to facilitate the development of residential supportive living homes for persons in recovery from substance abuse. Drug rehabilitation homes include "clean and sober homes" that provide a structured environment of clean and sober living conditions to sustain recovery and "transitional living homes" that provide a supervised structured environment of clean and sober living conditions to sustain recovery."]

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect on its approval.

INTRODUCED BY:	_____________________________