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THE SENATE |
S.R. NO. |
116 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING THE WILLIAM S. RICHARDSON SCHOOL OF LAW TO FACILITATE A DISCUSSION TO ADDRESS THE IMPACT OF TYPE II ADULT RESIDENTIAL CARE HOME FACILITIES ON RESIDENTIAL NEIGHBORHOODS.
WHEREAS, the Legislature finds that adult residential care home 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 has resulted in their being located 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 Type I facilities, operated by single proprietors who live in the care home, and Type II facilities, 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 oversight is limited to determining whether the health, welfare, and safety of residents are provided for; and
WHEREAS, each of the four counties issues building permits as a ministerial function based solely on whether or not a proposed adult residential care home facility 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 an adult residential care home facility is proposed for their neighborhood, nor is there any process for public comment or exchange of information between residents of the community in which the home is located and the care home provider; and
WHEREAS, the federal Fair Housing Act, Americans with Disabilities Act, and Religious Land Use and Institutionalized Persons Act have an impact, to varying degrees, on local zoning and land use laws relating to these kinds of group care home 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, that the William S. Richardson School of Law is requested to facilitate a discussion among Type II adult residential care home facility providers, advocates, stakeholders, community residents, and the public, to provide an opportunity for public comment and discussion concerning the impact that Type II adult residential care home facilities have on the neighborhoods in which they are located; and
BE IT FURTHER RESOLVED that the William S. Richardson School of Law is requested to submit a report of its findings and recommendations to the Legislature no later than twenty days prior to the convening of the 2009 legislative session, relating to the impact that Type II adult residential care home facilities have on their respective communities, addressing such issues as traffic, noise, and other concerns, and any potential mitigation measures; and
BE IT FURTHER RESOLVED that the report is also requested to include any proposed legislation concerning the creation of appropriate venues for public comment on proposed residential care facilities or on-going discussion or comment concerning facilities in operation; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Dean of the William S. Richardson School of Law, President of the University of Hawaii, Chairperson of the University O f Hawaii Board Of Regents, and the Director of Health.
RICHARDSON SCHOOL OF LAW; ADULT CARE HOMES.