THE SENATE	S.C.R. NO.	202
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the william s. richardson school of law to conduct a study on legislative solutions to address the impact of adult residential care home facilities in residential neighborhoods.

     WHEREAS, the Legislature finds that adult residential care facilities provide a valuable and much needed service to Hawaii's elderly and disabled populations; and

     WHEREAS, in certain neighborhoods, the strong demand for these facilities have resulted in their placement in close proximity to each other, thereby generating additional traffic, noise, and other concerns that have affected the residents living in these areas; and

     WHEREAS, the impact on these neighborhoods appears to differ between the homes operated by single proprietors who live in the care home and those commercial enterprises operating multiple residences with rotating care providers; and

     WHEREAS, the Department of Health is the agency responsible for overseeing the licensing of these adult residential care home facilities, which is limited to determining whether the health, welfare and safety of these patients are provided for; and

     WHEREAS, each of the four counties issue building permits as a ministerial function based solely on whether or not a proposed adult residential care home complies with the applicable county building code; and

     WHEREAS, there is currently no informational notice or hearing for those living in these areas to be informed that a adult residential care home facility is proposed for their neighborhood, nor is there any process for public comment or exchange of information between the affected community and the adult residential care home provider; and

     WHEREAS, the federal Fair Housing Act, Americans with Disabilities Act, and Religious Land Use and Institutionalized Persons Act all have an impact in varying degrees on local zoning and land use laws relating to these kinds of group assisted living facilities; and

     WHEREAS, the objective of these federal laws is to integrate persons with disabilities into the community, and there is some latitude in considering neighborhood impacts, as long as any restriction is applied equally to similar groups of unrelated persons without disabilities; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representatives concurring, that the William S. Richardson School of Law is requested to conduct a study of the federal, state, and county statutes and laws relating to adult residential care home facilities; and

     BE IT FURTHER RESOLVED that this study consider the appropriate forum to provide residents with the opportunity to provide public comment and discussion concerning the impact that adult residential care home facilities have on their neighborhoods; and

     BE IT FURTHER RESOLVED that this study include any recommendations to address issues such as traffic, noise, and other concerns relating to the impact these adult residential care facilities have on residents and the community, including any proposed legislation that would allow public comment and possible mitigation measures on those adult care facilities that are in close proximity to each other; and

     BE IT FURTHER RESOLVED that the William S. Richardson School of Law is requested to submit a report with its findings and recommendations to the Legislature no later than twenty days prior to the convening of the 2009 legislative session; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Dean of the William S. Richardson School of Law, President of the University of

Hawaii, Chairperson of the University Of Hawaii Board Of Regents, and the Director of Health.

OFFERED BY:

_____________________________

Report Title: 

RICHARDSON SCHOOL OF LAW TO CONDUCT STUDY ON ADULT CARE HOMES.