Establishes that counties shall not require neighborhood board approval of a church/nonprofit corporation operated after school program when considering the program for zoning or permitting approval.

A BILL FOR AN ACT

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- After school programs; permitted use in residential areas. (a) For the purposes of zoning, after school programs established and operated by a church or nonprofit entity, established in accordance with chapter 414D, and approved by the State or county pursuant to section 302A-408 shall be considered a residential use of property and shall be a permitted use in all residentially designated zones, including but not limited to zones for single-family dwellings. No conditional use permit, variance, neighborhood board approval, or special exception shall be required for an after school program operated by a church or nonprofit entity established in accordance with chapter 414D.

(b) For the purposes of this section, "after school program" means a program that provides activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, and other recreational projects."

SECTION 2. Section 302A-408, Hawaii Revised Statutes, is amended to read as follows:

"§302A-408 After-school and weekend programs. (a) The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, and other recreational projects, wherever feasible, at public school and public park facilities. In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in the furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapter 76, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons.

(b) If a church of nonprofit entity is applying for approval as an after school program operator within a residential area pursuant to this section, the department may require a public hearing to address the concerns of surrounding residents who may be adversely impacted by the establishment of such a program in their community."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.