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First Substitute S.B. 68

Senator Ed P. Mayne proposes to substitute the following bill:


             1     
PLACEMENT OF CERTAIN RESIDENTIAL

             2     
FACILITIES FOR PERSONS WITH A

             3     
DISABILITY

             4     
2001 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Sponsor: Ed P. Mayne

             7      This act modifies provisions relating to Counties and the Utah Municipal Code to modify the
             8      allowable restrictions that county and municipal ordinances may contain relating to
             9      residential facilities for persons with a disability. The act allows county and municipal
             10      ordinances, if consistent with federal and state law, to require supervision and security for
             11      residential substance abuse facilities located within a certain distance of a school. The act
             12      also h provides a coordination clause an d h makes technical changes.
             13      This act affects sections of Utah Code Annotated 1953 as follows:
             14      AMENDS:
             15          10-9-605, as last amended by Chapters 21 and 140, Laws of Utah 1999
             16          17-27-605, as last amended by Chapters 21 and 140, Laws of Utah 1999
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 10-9-605 is amended to read:
             19           10-9-605. Residences for persons with a disability.
             20          (1) As used in this section:
             21          (a) "Disability" is defined in Section 57-21-2 .
             22          (b) "Residential facility for persons with a disability" means a residence:
             23          (i) in which more than one person with a disability resides; and
             24          (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
             25      Chapter 2, Licensure of Programs and Facilities; or


             26          (B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
             27      Care Facility Licensing and Inspection Act.
             28          (2) Each municipality shall adopt an ordinance for residential facilities for persons with
             29      a disability. The ordinance:
             30          (a) shall:
             31          (i) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair Housing
             32      Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
             33          [(b)] (ii) [may require, if consistent with Subsection (2)(a), residential facilities] provide
             34      that a residential facility for persons with a disability [to be reasonably dispersed throughout the
             35      municipality] is a permitted use in any zoning area where residential dwellings are allowed; and
             36          [(c)] (b) [shall provide that a residential facility] may require residential facilities for
             37      persons with a disability:
             38          [(i) is a permitted use in any zoning area where residential dwellings are allowed; and]
             39          (i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):
             40          (A) to be reasonably dispersed throughout the municipality; and
             41          (B) for residential facilities for persons with a disability that are substance abuse facilities
             42      and are located within h [ 1,000 ] 500 h feet of a school, to provide h , IN ACCORDANCE WITH
             42a      RULES ESTABLISHED BY THE DEPARTMENT OF HUMAN SERVICES UNDER TITLE 62A, CHAPTER 2,
             42b      LICENSURE OF PROGRAMS AND FACILITIES h :
             43          (I) 24-hour supervision for residents; and
             44          (II) other 24-hour security measures; and
             45          (ii) [may only be required] to obtain permits that verify compliance with the building,
             46      safety, and health regulations that are applicable to similar structures.
             47          (3) The responsibility to license programs or entities that operate facilities for persons with
             48      a disability, as well as to require and monitor the provision of adequate services to persons residing
             49      in those facilities, shall rest with:
             50          (a) for programs or entities licensed or certified by the Department of Human Services, the
             51      Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
             52      Disabilities; and
             53          (b) for programs or entities licensed or certified by the Department of Health, the
             54      Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
             55      Act.
             56          Section 2. Section 17-27-605 is amended to read:


             57           17-27-605. Residences for persons with a disability.
             58          (1) As used in this section:
             59          (a) "Disability" is defined in Section 57-21-2 .
             60          (b) "Residential facility for persons with a disability" means a residence:
             61          (i) in which more than one person with a disability resides; and
             62          (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
             63      Chapter 2, Licensure of Programs and Facilities; or
             64          (B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
             65      Care Facility Licensing and Inspection Act.
             66          (2) Each county shall adopt an ordinance for residential facilities for persons with a
             67      disability. The ordinance:
             68          (a) shall:
             69          (i) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair Housing
             70      Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
             71          [(b)] (ii) [may require, if consistent with Subsection (2)(a), residential facilities] provide
             72      that a residential facility for persons with a disability [to be reasonably dispersed throughout the
             73      county] is a permitted use in any zoning area where residential dwellings are allowed; and
             74          [(c)] (b) [shall provide that a residential facility] may require residential facilities for
             75      persons with a disability:
             76          [(i) is a permitted use in any zoning area where residential dwellings are allowed; and]
             77          (i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):
             78          (A) to be reasonably dispersed throughout the county; and
             79          (B) for residential facilities for persons with a disability that are substance abuse facilities
             80      and are located within h [ 1,000 ] 500 h h feet of a school, to provide h , IN ACCORDANCE WITH
             80a      RULES ESTABLISHED BY THE DEPARTMENT OF HUMAN SERVICES UNDER TITLE 62A, CHAPTER 2,
             80b      LICENSURE OF PROGRAMS AND FACILITIES h :
             81          (I) 24-hour supervision for residents; and
             82          (II) other 24-hour security measures; and
             83          (ii) [may only be required] to obtain permits that verify compliance with the building,
             84      safety, and health regulations that are applicable to similar structures.
             85          (3) The responsibility to license programs or entities that operate facilities for persons with
             86      a disability, as well as to require and monitor the provision of adequate services to persons residing
             87      in those facilities, shall rest with:


             88          (a) for programs or entities licensed or certified by the Department of Human Services, the
             89      Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
             90      Disabilities; and
             91          (b) for programs or entities licensed or certified by the Department of Health, the
             92      Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
             93      Act.
             93a           h Section 3. Coordination clause.
             93b          IF THIS BILL AND 1st SUBSTITUTE H.B. 90, RESIDENTIAL FACILITIES FOR PERSONS WITH A
             93c      DISABILITY, BOTH PASS, IT IS THE INTENT OF THE LEGISLATURE THAT THE OFFICE OF
             93d      LEGISLATIVE RESEARCH AND GENERAL COUNSEL, IN PREPARING THE UTAH CODE DATABASE
             93e      FOR PUBLICATION, SHALL:
             93f          (1) REVISE SUBSECTION 10-9-605(2) TO READ AS FOLLOWS:
             93g          "(2) Each municipality shall adopt an ordinance for residential facilities for persons with a
             93h      disability. The ordinance:
             93i          (a) shall:
             93j          (i) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair Housing
             93k      Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; AND
             93l          [(b)] (ii) [may require, if consistent with Subsection (2)(a), residential facilities] TO THE
             93m      EXTENT REQUIRED BY FEDERAL LAW, PROVIDE THAT A RESIDENTIAL FACILITY for persons with a
             93n      disability [to be reasonably dispersed throughout the municipality] IS A PERMITTED USE IN ANY
             93o      ZONING AREA WHERE RESIDENTIAL DWELLINGS ARE ALLOWED; and
             93p          [(c)] (b) [shall provide that a residential facility] MAY REQUIRE RESIDENTIAL FACILITIES for
             93q      persons with a disability:
             93r          [(i) is a permitted use in any zoning area where residential dwellings are allowed; and]
             93s          (i) IF CONSISTENT WITH THE STATUTORY PROVISIONS REFERRED TO IN SUBSECTION
             93t      (2)(a)(i):
             93u          (A) TO BE REASONABLY DISPERSED THROUGHOUT THE MUNICIPALITY; AND
             93v          (B) FOR RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY THAT ARE
             93w      SUBSTANCE ABUSE FACILITIES AND ARE LOCATED WITHIN 500 FEET OF A SCHOOL, TO PROVIDE,
             93x      IN ACCORDANCE WITH RULES ESTABLISHED BY THE DEPARTMENT OF HUMAN SERVICES UNDER
             93y      TITLE 62A, CHAPTER 2, LICENSURE OF PROGRAMS AND FACILITIES:
             93z          (I) 24-hour SUPERVISION FOR RESIDENTS; AND
             93aa          (II) OTHER 24-hour SECURITY MEASURES; AND
             93ab          (ii) [may only be required] to obtain permits that verify compliance with the SAME building,
             93ac      safety, and health regulations [that] AS are applicable IN THE SAME ZONING AREA to similar
             93ad      [structures] USES THAT ARE NOT RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY ."
             93ae          (2) REVISE SUBSECTION 17-27-605(2) TO READ AS FOLLOWS:
             93af          "(2) Each county shall adopt an ordinance for residential facilities for persons with a
             93ag      disability. The ordinance: h


             93ah           h (a) shall:
             93ai          (i) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair Housing
             93aj      Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; AND
             93ak          [(b)] (ii) [may require, if consistent with Subsection (2)(a), residential facilities] TO THE
             93al      EXTENT REQUIRED BY FEDERAL LAW, PROVIDE THAT A RESIDENTIAL FACILITY for persons with a
             93am      disability [to be reasonably dispersed throughout the county] IS A PERMITTED USE IN ANY ZONING
             93an      AREA WHERE RESIDENTIAL DWELLINGS ARE ALLOWED ; and
             93ao          [(c)] (b) [shall provide that a residential facility] MAY REQUIRE RESIDENTIAL FACILITIES for
             93ap      persons with a disability:
             93aq          [(i) is a permitted use in any zoning area where residential dwellings are allowed; and]
             93ar          (i) IF CONSISTENT WITH THE STATUTORY PROVISIONS REFERRED TO IN SUBSECTION
             93as      (2)(a)(i):
             93at          (A) TO BE REASONABLY DISPERSED THROUGHOUT THE COUNTY; AND
             93au          (B) FOR RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY THAT ARE
             93av      SUBSTANCE ABUSE FACILITIES AND ARE LOCATED WITHIN 500 FEET OF A SCHOOL, TO PROVIDE,
             93aw      IN ACCORDANCE WITH RULES ESTABLISHED BY THE DEPARTMENT OF HUMAN SERVICES UNDER
             93ax      TITLE 62A, CHAPTER 2, LICENSURE OF PROGRAMS AND FACILITIES:
             93ay          (I) 24-hour SUPERVISION FOR RESIDENTS; AND
             93az          (II) OTHER 24-hour SECURITY MEASURES; AND
             93ba          (ii) [may only be required] to obtain permits that verify compliance with the SAME building,
             93bb      safety, and health regulations [that] AS are applicable IN THE SAME ZONING AREA to similar
             93bc      [structures] USES THAT ARE NOT RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY ." h


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