CONFERENCE COMMITTEE REP. NO. 106
Honolulu, Hawaii
, 2005
RE: S.B. No. 791
S.D. 2
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 791, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO A CONTINUUM OF HEALTH CARE SETTINGS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to provide therapeutic and rehabilitative services in a residential setting and ensure that housing is available for individuals recovering from substance abuse by allowing the Department of Health to license special treatment facilities and therapeutic living programs.
Your Committee on Conference amended this measure by:
(1) Providing that the amendments in this measure, including the repeal of section 46-15.39, Hawaii Revised Statutes (HRS), shall not apply to any halfway house, clean and sober home, or any other setting that assists individuals in transition to live independently that is in existence prior to the effective date of the measure;
(2) Specifying that, notwithstanding the repeal of section 46-15.39, HRS, any drug rehabilitation home established pursuant to, or in compliance with, that section, shall continue to be a permitted use in residentially designated zones, including zones for single family dwellings; and
(3) Amending the effective date of the measure to take effect upon its approval.
Your Committee on Conference finds that clean and sober homes provide a much-needed residential setting for people recovering from substance abuse. Although this measure repeals section 46-15.39, HRS, your Committee on Conference understands that the land use ordinance of the City and County of Honolulu currently exempts clean and sober homes with eight or fewer residents from obtaining a conditional use permit. While clean and sober homes with more than eight residents require a conditional use permit, your Committee urges the City and County of Honolulu to work cooperatively with such homes. Your Committee also requests the 2006 Legislature to revisit this issue next year.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 791, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 791, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ Dennis A. Arakaki, Co-Chair |
____________________________ Rosalyn H. Baker, Chair |
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____________________________ Alex M. Sonson, Co-Chair |
____________________________ Shan S. Tsutsui, Co-Chair |
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____________________________ Blake K. Oshiro, Co-Chair |
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____________________________ Bertha C. Kawakami, Co-Chair |