Bill Text: HI HB65 | 2012 | Regular Session | Amended

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Bill Title: Special Treatment Facility; Public Hearing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB65 Detail]

Download: Hawaii-2012-HB65-Amended.html

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STAND. COM. REP. NO.  495

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 65

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Health, to which was referred H.B. No. 65 entitled:

 

"A BILL FOR AN ACT RELATING TO SPECIAL TREATMENT FACILITIES,"

 

begs leave to report as follows:

 

     The purpose of this bill is to require public approval for the granting or renewal of licenses for special treatment facilities.

 

     A Honolulu Councilmember and numerous concerned individuals testified in support of this bill.  The Attorney General, Department of Health, Hawaii Disability Rights Center, Child & Family Service, Hawaii Youth Services Network, and several concerned individuals opposed this bill.

 

     Your Committee amended this bill by:

 

(1)  Defining "at-risk youth" and "at-risk young adult";

 

(2)  Clarifying that for the purposes of this bill "special treatment facility" does not include any special treatment facility that is subject to Chapter 334, H.R.S. or a facility requiring a certificate of need under Chapter 323D, Hawaii Revised Statutes;

 

 

(3)  Requiring the petitioner to file notice of a public hearing and removing the Director of Health from the   public hearing notice process, with the exception of    providing the master list and mailing list for public      review upon request;

 

(4)  Requiring the first notice of public hearing to be published at least 30 days prior to the hearing;

 

(5)  Requiring public notice to be given to owners, lessees, condominiums projects, and school within 200 yards of the proposed or existing location of the special treatment facility;

 

(6)  Omitting the provisions for a community veto of special      treatment facility licensure or license renewal;

 

(7)  Omitting the requirements for applicants to address community protests;

 

(8)  Granting the Director of Health full discretion to approve or deny requests for special treatment facility licensure or license renewal; and

 

(9)   Changing its effective date to July 1, 2250.

 

     Your Committee recommends that this bill be referred to the Judiciary Committee.

 

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 65, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 65, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Health,

 

 

		____________________________ RYAN I. YAMANE, Chair