H.B. 401

1

RESIDENTIAL FACILITIES FOR ELDERLY
2 PERSONS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley M. Daw
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to residential facilities for elderly persons.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions relating to residential facilities for elderly persons; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-9a-516, as renumbered and amended by Laws of Utah 2005, Chapter 254
22 17-27a-515, as renumbered and amended by Laws of Utah 2005, Chapter 254
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 10-9a-516 is amended to read:
26 10-9a-516. Residential facilities for elderly persons.
27 (1) A residential facility for elderly persons may not operate as a business.

28 (2) A residential facility for elderly persons shall:
29 [(a) be owned by one of the residents or by an immediate family member of one of the
30 residents or be a facility for which the title has been placed in trust for a resident;]
31 [(b)] (a) be consistent with any existing, applicable land use ordinance affecting the
32 desired location; and
33 [(c)] (b) be occupied on a 24-hour per day basis by [eight or fewer] elderly persons [in
34 a family-type arrangement].
35 (3) A residential facility for elderly persons may not be considered a business because a
36 fee is charged for food or for actual and necessary costs of operation and maintenance of the
37 facility.
38 Section 2. Section 17-27a-515 is amended to read:
39 17-27a-515. Residential facilities for elderly persons.
40 (1) A residential facility for elderly persons may not operate as a business.
41 (2) A residential facility for elderly persons shall:
42 [(a) be owned by one of the residents or by an immediate family member of one of the
43 residents or be a facility for which the title has been placed in trust for a resident;]
44 [(b)] (a) be consistent with any existing, applicable land use ordinance affecting the
45 desired location; and
46 [(c)] (b) be occupied on a 24-hour per day basis by [eight or fewer] elderly persons [in
47 a family-type arrangement].
48 (3) A residential facility for elderly persons may not be considered a business because a
49 fee is charged for food or for actual and necessary costs of operation and maintenance of the
50 facility.




Legislative Review Note
as of 2-10-10 5:51 PM

Office of Legislative Research and General Counsel