Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Public Safety & Military Affairs, to which was referred H.B. No. 13 entitled:

begs leave to report as follows:

The purpose of this bill is to prevent drug rehabilitation homes from being established and operated in residentially designated zones.

Specifically, this bill repeals section 46-15.39, Hawaii Revised Statutes, that, for purposes of county zoning, considers a drug rehabilitation home as a residential use of property and that permits drug rehabilitation homes in residentially designated zones including those designated for single family dwellings. Also repealed is the provision that prohibits the requirement for any conditional use, permit, variance, or special exception for a drug rehabilitation home.

Your Committee received testimony in support of the bill from the Office of the Lieutenant Governor, the Department of Health, the Police Department of the City and County of Honolulu, and the Kailua Neighborhood Board. Testimony in opposition was received from the Hawaii Disability Rights Center and Oxford House, Inc., -- Hawaii.

Your Committee finds that, all things being considered, this bill serves the greater interest of the community.

As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 13 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.