HOUSE OF REPRESENTATIVES

H.B. NO.

1654

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GROUP LIVING FACILITIES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents and that are licensed by the State as provided for under section 321-15.6, or in an intermediate care facility/mental retardation-community for persons, including mentally ill, elder, disabled, developmentally disabled, or totally disabled persons, who are not related to the home operator or facility staff; provided that those group living facilities meet all applicable county requirements not inconsistent with the intent of this subsection and including building height, setback, maximum lot coverage, parking, and floor area requirements[.]; provided further that a conditional use permit issued by a county agency for the operation of a group living facility shall automatically:

     (1)  Terminate if the group living facility ceases operations for a period of one year; or

     (2)  Expire one year from the date of the issuance of the permit if the group living facility fails to commence operations before the end of that one-year period,

     whichever occurs first."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Termination of Permits; Group Homes

 

Description:

Terminates a conditional use permit issued by a county agency to facilities intended for group living facilities or group homes that do not use the permits or cease operations for one year.  Effective 7/1/2050.  (SD1)

 

 

 

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