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First Substitute S.B. 68
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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
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34 that a residential facility for persons with a disability [
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36 [
37 persons with a disability:
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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 [
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) [
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 [
72 that a residential facility for persons with a disability [
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74 [
75 persons with a disability:
76 [
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 [
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) [
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 [
93m EXTENT REQUIRED BY FEDERAL LAW, PROVIDE THAT A RESIDENTIAL FACILITY for persons with a
93n disability [
93o ZONING AREA WHERE RESIDENTIAL DWELLINGS ARE ALLOWED; and
93p [
93q persons with a disability:
93r [
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) [
93ac safety, and health regulations [
93ad [
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 [
93al EXTENT REQUIRED BY FEDERAL LAW, PROVIDE THAT A RESIDENTIAL FACILITY for persons with a
93am disability [
93an AREA WHERE RESIDENTIAL DWELLINGS ARE ALLOWED ; and
93ao [
93ap persons with a disability:
93aq [
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) [
93bb safety, and health regulations [
93bc [
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