RELATING TO CLEAN AND SOBER HOMES.

HB1217

HOUSE OF REPRESENTATIVES

H.B. NO.

1217

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO CLEAN AND SOBER HOMES
.

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 for purposes
or functions that are licensed, certified, registered, or monitored by the
State; provided that a resident manager or a resident supervisor and the
resident manager's or resident supervisor's family shall not be included in
this resident count[
.
]
; provided further that a clean and sober home,
as defined in section 321-191, with five or more residents shall require a
conditional use permit issued by the county in which the home is located.

�
These group living facilities shall meet all
applicable county requirements not inconsistent with the intent of this
subsection, including but not limited to building height, setback, maximum lot
coverage, parking, and floor area requirements.
"

����
SECTION
2
.
�
Section 321-193.7, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�321-193.7
�

Clean and sober homes
[
registry
]
.
�
(a)
�
No
clean and sober home shall operate without a valid certificate of registration issued
pursuant to subsection (b).

�
The
department shall establish a [
voluntary
] clean and sober homes registry
to assist persons recovering from substance abuse to have a safe, clean, and
sober environment that supports their recovery.
�

The department shall establish procedures and standards by which homes [
will
be allowed to be
]
shall be
listed on the registry, including but not
limited to:

����
(1)
�
Organizational and
administrative standards;

����
(2)
�
Fiscal management
standards;

����
(3)
�
Operation
standards;

����
(4)
�
Recovery support
standards;

����
(5)
�
Property
standards; and

����
(6)
�
Good neighbor
standards.

����
(b)
�

Upon review and approval of a home operator's application, the
department shall issue a certificate of registration that shall specify:

����
(1)
�
The name of the
holder of the registration;

����
(2)
�
The address to
which the registration applies;

����
(3)
�
The maximum number
of persons to reside in the home; and

����
(4)
�
The period for
which the registration shall be valid.

An owner, operator, or landlord shall not hold the
property out to be or advertise to be a "registered clean and sober
home" unless the home is registered and in good standing with the clean
and sober homes registry.

����
(c)
�

The certificate of registration shall be publicly displayed at the home.

����
(d)
�

The certificate of registration shall not be transferred to a new owner
or operator, or to an address other than as specified on the certificate of
registration.

����
(e)
�

Nothing in this section shall relieve a certificate holder from
compliance with other pertinent statutory provisions, nor shall a certificate
holder be relieved from compliance with other applicable provisions of federal,
state, or county laws, ordinances, or rules.

����
(f)
�

The department may revoke the certificate of registration if a home
ceases to meet established standards or any other applicable federal, state, or
county law, ordinance, or rule.

����
(g)
�

The department may immediately revoke a certificate of registration if
there are reasonable grounds to believe that the continued operation of the
home presents an immediate danger to residents of the home or the general
public.

����
(h)
�
Any revocation of the certificate of
registration shall be made in writing to the certificate holder.

����
(i)
�

The department shall maintain a listing of all registered clean and
sober homes on its website.

����
(j)
�
The department shall establish a toll-free
telephone number to receive complaints regarding clean and sober homes.
�
The department and pertinent county agencies
shall work together to resolve problems and complaints received by either the
State or counties regarding clean and sober homes.
�
The department shall educate the public on:

����
(1)
�
Clean and sober
homes;

����
(2)
�
The department's
registry of clean and sober homes;

����
(3)
�
State and county
procedures pertaining to clean and sober homes; and

����
(4)
�
Contact
information and procedures for inquiries and complaints related to clean and
sober homes.

����
(k)
�

On an annual basis and without prior notice, the department shall
conduct inspections of homes listed on the clean and sober homes registry;
provided that the department may conduct inspections at more frequent intervals,
as determined by the department.

����
[
(k)
]
(l)
�
This section shall not be construed to
abrogate an individual's right to privacy.
�

Unless otherwise provided by law, the department shall implement
sufficient protections to ensure that the identity of a clean and sober home
resident remains confidential and that information collected pursuant to this
section is used solely for the purposes of this section.

����
[
(l)
]
(m)
�
The department shall adopt rules under
chapter 91 as necessary to carry out the purposes of this section."

����
SECTION 3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 4.
�
This Act shall take effect upon its approval;
provided that clean and sober homes with five or more residents in existence
prior to the effective date of this Act may continue to operate without a
county-issued conditional use permit until:

����
(1)
�
January 1, 2026; or

����
(2)
�
The clean and sober home obtains a
county-issued conditional use permit,

whichever comes first.

INTRODUCED BY:

_____________________________

Report Title:

County
Zoning; Registry of Clean and Sober Homes; Mandatory Registration; DOH;
Inspections

Description:

Requires
a county conditional use permit for clean and sober homes with 5 or more
residents.
�
Requires registration of all
clean and sober homes on registry maintained by the Department of Health.
�
Requires DOH to conduct unannounced
inspections of clean and sober homes on at least an annual basis.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.