Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Health and Human Services and Tourism and Intergovernmental Affairs, to which was referred S.B. No. 2009 entitled:

beg leave to report as follows:

The purpose of this measure is to require a public hearing prior to permitting the operation of a halfway house. Furthermore, this measure defines the term halfway house.

Testimony in support of this measure was submitted by the Department of Public Safety and two private citizens. Testimony in opposition to this measure was submitted by the Department of Health, Department of Planning and Permitting-City and County of Honolulu, Planning Department-County of Hawaii, and Hawaii Youth Services.

Your Committees find that the City and County of Honolulu currently requires conditional use permits for halfway houses, however, does not define halfway house. This measure is only intended to clarify the meaning of halfway house and ensure that the public be on notice and have the opportunity to have their voices heard.

Currently, conditional use permits require a presentation to the neighborhood board of the area before an application is even filed. This measure is not requiring further notice or hearings, just clarifying current practices. Your Committees, however, are concerned that this measure was interpreted to be in violation of the Federal Fair Housing Act of 1988, thus we are requesting the Committee on Judiciary to address this issue if it finds that this measure is in violation of federal law.

Upon further consideration, your Committees have amended this measure by deleting the language "public hearing" and replacing it with "public informational meeting". Although the intent of this measure was not to require the counties to make their decision regarding the permit solely on the voice of the public, your Committees believe that this language will clarify that this measure only requires that the public has a venue to voice their concerns, if any, and be apprised of any potential halfway houses moving into their neighborhood.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2009, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2009, S.D. 1, and be referred to the Committee on Judiciary.