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 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 1,000 feet of a school, to provide:
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 1,000 feet of a school, to provide:
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.