Bill Text: HI HB791 | 2010 | Regular Session | Introduced
Bill Title: County Ordinances Invalid; Minimum Separation of Facilities
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB791 Detail]
Download: Hawaii-2010-HB791-Introduced.html
Report Title:
County Ordinances Invalid; Minimum Separation of Facilities
Description:
Renders void as against public policy any county ordinance that prohibits a group living facility for the elderly and persons with disabilities from being located within any specified distance from another group living facility.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
791 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's population has been aging rapidly and the number of elderly and disabled persons has increased dramatically.
In Nevada Fair Housing Center, Inc. v. Clark County, Nevada, 2007 WL 610640 (D. Nev.), 34 NDLR P.99, the Nevada Fair Housing Center, Inc. challenged a Clark County ordinance that required a minimum distance between residential group homes for the elderly and persons with disabilities. The United States District Court in Nevada struck down the minimum distance ordinance to eliminate illegal housing discrimination against society's most vulnerable citizens. At the same time, Hawaii's elderly and persons with disabilities are finding it increasingly difficult to find appropriate affordable housing. The elderly and persons with disabilities should not be discriminated against with regard to housing options.
The purpose of this Act is to prohibit discriminatory treatment of the elderly and persons with disabilities in housing.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46‑ Minimum distance between facilities; ordinances invalid. Any county ordinance that prohibits a group living facility for the elderly and persons with disabilities from being located within any specified distance from another group living facility shall be void as against public policy."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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