REPORT TITLE:
Domestic Abuse Shelters


DESCRIPTION:
Requires the department of health to regulate privately-operated
group living domestic abuse shelters that currently are not
subject to any regulation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1006
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO GOVERNMENT REGULATION OF GROUP LIVING HOUSING
   FACILITIES.



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

 1      SECTION 1.  Purpose.  Group living facilities are generally
 
 2 accepted graciously in neighborhoods.  However, when the group
 
 3 living facility shelters abused spouses, the level of activity
 
 4 escalates, alarming the neighbors.  This occurs especially when
 
 5 the city and county of Honolulu refuses to hold a public hearing
 
 6 to inform the neighborhood about the program and its clients.
 
 7 There is increased concern about substance abuse and the fear
 
 8 that the safety of group living facility residents as well as the
 
 9 neighborhood may be in jeopardy.  Group living facilities are the
 
10 responsibility of government and as a part of government
 
11 operations, they should be regulated.  Therefore, the legislature
 
12 believes that operators of any/all group living facilities shall
 
13 be licensed with oversight of the activity provided by the
 
14 department of health.
 
15      SECTION 2.  Section 321-11, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§321-11  Subjects of health rules, generally.  The
 
18 department pursuant to chapter 91 may adopt rules that it deems
 
19 necessary for the public health and safety respecting:
 

 
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 1      (1)  Nuisances, foul or noxious odors, gases, vapors, waters
 
 2           in which mosquitoes breed or may breed, sources of
 
 3           filth, and causes of sickness or disease, within the
 
 4           respective districts of the State, and on board any
 
 5           vessel;
 
 6      (2)  Adulteration and misbranding of food or drugs;
 
 7      (3)  Location, air space, ventilation, sanitation, drainage,
 
 8           sewage disposal, and other health conditions of
 
 9           buildings, courts, construction projects, excavations,
 
10           pools, watercourses, areas, and alleys;
 
11      (4)  Privy vaults and cesspools;
 
12      (5)  Fish and fishing;
 
13      (6)  Interments and dead bodies;
 
14      (7)  Disinterments of dead human bodies, including the
 
15           exposing, disturbing, or removing of these bodies from
 
16           their place of burial, or the opening, removing, or
 
17           disturbing after due interment of any receptacle,
 
18           coffin, or container holding human remains or a dead
 
19           human body or a part thereof and the issuance and terms
 
20           of permits for the aforesaid disinterments of dead
 
21           human bodies;
 
22      (8)  Cemeteries and burying grounds;
 
23      (9)  Laundries, and the laundering, sanitation, and
 

 
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                                     S.B. NO.           1006
                                                        
                                                        

 
 1           sterilization of articles including linen and uniforms
 
 2           used by or in the following businesses and professions:
 
 3           barber shops, manicure shops, beauty parlors,
 
 4           electrology shops, restaurants, soda fountains, hotels,
 
 5           rooming and boarding houses, bakeries, butcher shops,
 
 6           public bathhouses, midwives, masseurs, and others in
 
 7           similar calling, public or private hospitals, and
 
 8           canneries and bottling works where foods or beverages
 
 9           are canned or bottled for public consumption or sale;
 
10           provided that nothing in this chapter shall be
 
11           construed as authorizing the prohibiting of laundering,
 
12           sanitation, and sterilization by those conducting any
 
13           of these businesses or professions where the laundering
 
14           or sterilization is done in an efficient and sanitary
 
15           manner;
 
16     (10)  Hospitals, freestanding surgical outpatient facilities,
 
17           skilled nursing facilities, intermediate care
 
18           facilities, adult residential care homes, adult foster
 
19           homes, assisted living facilities, special treatment
 
20           facilities and programs, home health agencies,
 
21           hospices, freestanding birthing facilities, adult day
 
22           health centers, independent group residences, and
 
23           therapeutic living programs, but excluding youth
 

 
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                                     S.B. NO.           1006
                                                        
                                                        

 
 1           shelter facilities unless clinical treatment of mental,
 
 2           emotional, or physical disease or handicap is a part of
 
 3           the routine program or constitutes the main purpose of
 
 4           the facility, as defined in section 346-16 under "child
 
 5           [care] caring institution".  For the purpose of this
 
 6           paragraph, "adult foster home" has the same meaning as
 
 7           provided in section 321-11.2;
 
 8     (11)  Hotels, rooming houses, lodging houses, apartment
 
 9           houses, tenements, group living facilities (such as for
 
10           domestic abuse, alcohol abuse, halfway houses, etc.),
 
11           and residences for persons with developmental
 
12           disabilities including, but not limited to, those built
 
13           under federal funding;
 
14     (12)  Laboratories;
 
15     (13)  Any place or building where noisome or noxious trades
 
16           or manufacturers are carried on, or intended to be
 
17           carried on;
 
18     (14)  Milk;
 
19     (15)  Poisons and hazardous substances, the latter term
 
20           including but not limited to any substance or mixture
 
21           of substances which:
 
22           (A)  Is corrosive;
 
23           (B)  Is an irritant;
 

 
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                                     S.B. NO.           1006
                                                        
                                                        

 
 1           (C)  Is a strong sensitizer;
 
 2           (D)  Is inflammable; or
 
 3           (E)  Generates pressure through decomposition, heat, or
 
 4                other means[,];
 
 5           if the substance or mixture of substances may cause
 
 6           substantial personal injury or substantial illness
 
 7           during or as a proximate result of any customary or
 
 8           reasonably foreseeable handling or use, including
 
 9           reasonably foreseeable ingestion by children;
 
10     (16)  Pig and duck ranches;
 
11     (17)  Places of business, industry, employment, and commerce,
 
12           and the processes, materials, tools, machinery, and
 
13           methods of work done therein; and places of public
 
14           gathering, recreation, or entertainment;
 
15     (18)  Any restaurant, theater, market, stand, shop, store,
 
16           factory, building, wagon, vehicle, or place where any
 
17           food, drug, or cosmetic is manufactured, compounded,
 
18           processed, extracted, prepared, stored, distributed,
 
19           sold, offered for sale, or offered for human
 
20           consumption or use;
 
21     (19)  Foods, drugs, and cosmetics, and the manufacture,
 
22           compounding, processing, extracting, preparing,
 
23           storing, selling, and offering for sale, consumption,
 

 
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                                     S.B. NO.           1006
                                                        
                                                        

 
 1           or use of any food, drug, or cosmetic;
 
 2     (20)  Devices as defined in section 328-1;
 
 3     (21)  Sources of ionizing radiation;
 
 4     (22)  Medical examination, vaccination, revaccination, and
 
 5           immunization of school children.  No child shall be
 
 6           subjected to medical examination, vaccination,
 
 7           revaccination, or immunization, whose parent or
 
 8           guardian objects in writing thereto on grounds that the
 
 9           requirements are not in accordance with the religious
 
10           tenets of an established church of which the parent or
 
11           guardian is a member or adherent, but no objection
 
12           shall be recognized when, in the opinion of the
 
13           department, there is danger of an epidemic from any
 
14           communicable disease;
 
15     (23)  Disinsectization of aircraft entering or within the
 
16           State as may be necessary to prevent the introduction,
 
17           transmission, or spread of disease or the introduction
 
18           or spread of any insect or other vector of significance
 
19           to health;
 
20     (24)  Fumigation, including the process by which substances
 
21           emit or liberate gases, fumes, or vapors which may be
 
22           used for the destruction or control of insects, vermin,
 
23           rodents, or other pests, which, in the opinion of the
 

 
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                                     S.B. NO.           1006
                                                        
                                                        

 
 1           department, may be lethal, poisonous, noxious, or
 
 2           dangerous to human life;
 
 3     (25)  Ambulances and ambulance equipment;
 
 4     (26)  Development, review, approval, or disapproval of
 
 5           management plans submitted pursuant to the Asbestos
 
 6           Hazard Emergency Response Act of 1986, Public Law
 
 7           99-519; and
 
 8     (27)  Development, review, approval, or disapproval of an
 
 9           accreditation program for specially trained persons
 
10           pursuant to the Residential Lead-Based Paint Hazard
 
11           Reduction Act of 1992, Public Law 102-550.
 
12      The department may require any certificates, permits, or
 
13 licenses that it may deem necessary to adequately regulate the
 
14 conditions or businesses referred to in this section."
 
15      SECTION 3.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________