STAND. COM. REP. NO. 773

Honolulu, Hawaii

, 2005

RE: H.B. No. 1734

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1734 entitled:

"A BILL FOR AN ACT RELATING TO DRUGS,"

begs leave to report as follows:

The purpose of this bill is to return the counties' power to regulate land use in residential zoned districts repealing the provision that allows drug rehabilitation homes as a permitted use in residential zoned districts without the need for any county conditional use permit, variance, or other special permit.

The Executive Branch and the Hawaii Association of REALTORS testified in support of this bill. The Department of Health (DOH) supported the intent of this bill. The Hawaii Disability Rights Center opposed this measure.

Your Committee notes that a concern was raised over the appropriateness of having therapeutic living centers located in Weed and Seed-designated communities.

Your Committee has amended this bill by:

(1) Adding a provision defining clean and sober homes;

(2) Inserting provisions that allow DOH to license and regulate special treatment facilities and therapeutic living programs;

(3) Providing that clean and sober homes, special treatment facilities, and therapeutic living programs shall meet all applicable laws, codes, and rules of the counties and state;

(4) Changing the effective date to July 1, 2020, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1734, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1734, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair