RELATING TO CLEAN AND SOBER HOMES.

HB1392

HOUSE OF REPRESENTATIVES

H.B. NO.

1392

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:

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"(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 under section 321-191, with five or more residents shall require a
conditional use permit issued by a county agency.
�
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."

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

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"
�321-193.7
�
Clean and sober homes
registry.
�
(a)
�
The department shall establish a [
voluntary
]

mandatory
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 listed
on the registry, including but not limited to:

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

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(2)
�
Fiscal management
standards;

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(3)
�
Operation
standards;

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(4)
�
Recovery support
standards;

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(5)
�
Property
standards; and

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(6)
�
Good neighbor standards.

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(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;

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

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

An owner,
an
operator, or
a
landlord
shall not hold the property out to be or advertise
the property
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.

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(i)
�

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

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(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;

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

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

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(k)
�
The department shall conduct unannounced
visits and inspections for any home listed on the department's registry of
clean and sober homes on an annual basis and at such intervals as determined by
the department.

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[
(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.

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[
(l)
]
(m)

�
The department shall adopt rules under chapter
91 as necessary to carry out the purposes of this section."

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

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SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Clean and
Sober Homes; Conditional Use Permit; Department of Health; Mandatory Clean and
Sober Homes Registry; Inspections

Description:

Requires
clean and sober homes with five or more residents to obtain a conditional use
permit issued by a county agency.
�

Requires, rather than permits, the Department of Health to establish a
clean and sober homes registry and requires the Department to conduct
unannounced visits and inspections of homes on the registry.

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