STAND. COM. REP. NO. 2652

Honolulu, Hawaii

RE: S.B. No. 2137

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Government Operations and Health, to which was referred S.B. No. 2137 entitled:

"A BILL FOR AN ACT RELATING TO TRANSITIONAL HOUSING,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish a public information meeting requirement to receive a county permit to operate a halfway house, clean and sober home, or drug rehabilitation home;

(2) Establish a public information meeting requirement for clean and sober home registry applications; and

(3) Prohibit clean and sober homes that are located within one-half mile of an existing public or private elementary or secondary school from inclusion on the Department of Health's registry of clean and sober homes.

Your Committees received testimony in support of this measure from one individual. Your Committees received testimony in opposition to this measure from the Hawai‘i Health & Harm Reduction Center; American Civil Liberties Union of Hawaii; Oxford House Inc.; Hawaii Substance Abuse Coalition; Coalition for a Drug-Free Hawaii; Habilitat, Inc.; The Institute for Human Services, Inc.; and eight individuals. Your Committees received comments on this measure from the Department of the Attorney General and Department of Health. Your Committees note the testimony of the Department of the Attorney General that the measure would violate federal anti-discrimination laws.

Your Committees find, however, that there have been complaints by community members with respect to the lack of oversight of operations of clean and sober homes. These complaints concern the lack of transparency regarding the locations of clean and sober homes, especially those in proximity to schools, and the lack of clear procedures for community members to address concerns or complaints regarding these homes.

Accordingly, your Committees find that this measure has the potential to address legitimate community concerns while balancing the needs and rights of persons residing in clean and sober homes. Your Committees have therefore amended this measure by:

(1) Deleting the language that would have amended section 46-4, Hawaii Revised Statutes, to impose public information meeting requirements prior to a county issuing a permit for the operation of a halfway house, clean and sober home, or drug rehabilitation home;

(2) Amending section 321-193.7(j), Hawaii Revised Statutes, to require the Department of Health and county agencies, to work together to address complaints and educate the public on clean and sober homes;

(3) Deleting language that would have prohibited a clean and sober home to operate within one-half mile of an elementary or secondary school; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Government Operations and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2137, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2137, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Government Operations and Health,

________________________________ JARRETT KEOHOKALOLE, Chair

________________________________ SHARON MORIWAKI, Chair