STAND. COM. REP. NO. 40

Honolulu, Hawaii

, 2005

RE: S.B. No. 522

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Intergovernmental Affairs, to which was referred S.B. No. 522 entitled:

"A BILL FOR AN ACT RELATING TO DRUG REHABILITATION HOMES,"

beg leave to report as follows:

The purpose of this measure is to repeal the law on permitted uses in residential areas of drug rehabilitation homes, and to require that a public informational meeting be held in the affected community before a county permit is issued.

Your Committees received testimony in support of this measure from the Department of Health, Honolulu Department of Planning and Permitting, the Hawaii Association of Realtors, and the Kailua Neighborhood Board. Testimony in support of repeal of the law and opposition to the remainder of the measure was submitted by the Honolulu Police Department and the State Drug Control Liaison. Testimony in opposition was received from the Hawaii Disability Rights Center and Oxford House, Inc.

Your Committees recognize the service provided by drug rehabilitation homes such as Oxford House, Inc. Drug rehabilitation homes facilitate the development of community-based residential supportive living options for persons in recovery from substance abuse. According to testimony of Oxford House, Inc., the demand for these homes and beds far exceed the available supply, particularly in view of the current ice epidemic.

Although Oxford House, Inc. testified that it has received very few complaints from neighbors of drug rehabilitation homes, the testimony was also that neighborhood boards routinely object to plans to situate a drug rehabilitation home in their neighborhood. The testimony of the Kailua Neighborhood Board aptly stated, "The neighbors were not opposed to the use of the home for drug rehabilitation, but were very concerned about the impacts associated with 10 adults living together. The impacts identified by the various neighbors included the large numbers of vehicles, noise, multiple work schedules, crowded lots, additions to homes, additional rubbish, etc. In each case the neighbors said the home was trying to be a good neighbor but the large number of residents made it nearly impossible."

Your Committees believe that drug rehabilitation homes should be given more time to expand their numbers and establish themselves, given the need for and shortage of their services.

Your Committees have amended this measure by:

(1) Changing the effective date from upon approval to December 31, 2007; and

(2) Deleting references to drug rehabilitation homes and informational meetings.

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 522, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 522, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Intergovernmental Affairs,

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DAVID Y. IGE, Chair

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RUSSELL S. KOKUBUN, Chair