1st Sub. S.B. 68
         PLACEMENT OF CERTAIN RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY

House Floor Amendments

Amendment 6 February 22, 2001 11:48 am



Representative Holdaway proposes the following amendments:

1.    Page 1, Line 12:    After " also" insert " provides a coordination clause and"

2.    Page 2, Line 42:    After "within" delete "1,000" and insert "500" and after "provide" insert ", in accordance with rules established by the Department of Health"

3.    Page 3, Line 80:    After "within" delete "1,000" and insert "500" and after "provide" insert ", in accordance with rules established by the Department of Health"

4.    Page 4, Line 93:    After line 93 insert:

        "Section 3. Coordination clause.
         If this bill and 1st Substitute H.B. 90, Residential Facilities For Persons With A Disability, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel in preparing the Utah Code database for publication shall:
         (1) Revise Subsection 10-9-605(2) to read as follows:
        "(2) Each municipality shall adopt an ordinance for residential facilities for persons with a disability. The ordinance:
         (a) shall :
         (i) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
         [ (b) ] (ii) [ may require, if consistent with Subsection (2)(a), residential facilities ] to the extent required by federal law, provide that a residential facility for persons with a disability [ to be reasonably dispersed throughout the municipality ] is a permitted use in any zoning area where residential dwellings are allowed ; and
         [ (c) ] (b) [ shall provide that a residential facility ] may require residential facilities for persons with a disability:
         [ (i) is a permitted use in any zoning area where residential dwellings are allowed; and ]
         (i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):
         (A) to be reasonably dispersed throughout the municipality; and
         (B) for residential facilities for persons with a disability that are substance abuse facilities and are located within 500 feet of a school, to provide, in accordance with rules established by the Department of Health:
         (I) 24-hour supervision for residents; and
         (II) other 24-hour security measures; and
         (ii) [ may only be required ] to obtain permits that verify compliance with the same building, safety, and health regulations [ that ] as are applicable in the same zoning area to similar [ structures ] uses that are not residential facilities for persons with a disability ."

         (2) Revise Subsection 17-27-605(2) to read as follows:
        "(2) Each county shall adopt an ordinance for residential facilities for persons with a disability. The ordinance:
         (a) shall :
         (i) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
         [ (b) ] (ii) [ may require, if consistent with Subsection (2)(a), residential facilities ] to the extent required by federal law, provide that a residential facility for persons with a disability [ to be reasonably dispersed throughout the county ] is a permitted use in any zoning area where residential dwellings are allowed ; and
         [ (c) ] (b) [ shall provide that a residential facility ] may require residential facilities for persons with a disability:
         [ (i) is a permitted use in any zoning area where residential dwellings are allowed; and ]
         (i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):
         (A) to be reasonably dispersed throughout the county; and
         (B) for residential facilities for persons with a disability that are substance abuse facilities and are located within 500 feet of a school, to provide, in accordance with rules established by the Department of Health:
         (I) 24-hour supervision for residents; and
         (II) other 24-hour security measures; and
         (ii) [ may only be required ] to obtain permits that verify compliance with the same building, safety, and health regulations [ that ] as are

applicable in the same zoning area to similar [ structures ] uses that are not residential facilities for persons with a disability .""