General Assembly Raised Bill No. 5176
February Session, 2016 LCO No. 1059
*01059_______PD_*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
General Assembly
Raised Bill No. 5176
February Session, 2016
LCO No. 1059
*01059_______PD_*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING COMMUNITY RESIDENCES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 8-3e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) No zoning regulation shall treat the following in a manner different from any single family residence: (1) Any community residence that houses six or fewer persons with intellectual disability and necessary staff persons and that is licensed under the provisions of section 17a-227, (2) any child-care residential facility that houses six or fewer children with mental or physical disabilities and necessary staff persons and that is licensed under sections 17a-145 to 17a-151, inclusive, (3) any community residence that houses six or fewer persons receiving mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services and that has been issued a license by the Department of Public Health under the provisions of section 19a-491, if a license is required, or (4) any hospice facility, including a hospice residence, that provides inpatient hospice care and services to six or fewer persons and is licensed to provide such services by the Department of Public Health, provided such facility is (A) managed by an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; (B) located in a city with a population of more than one hundred thousand and within a zone that allows development on one or more acres; and (C) served by public sewer and water.
(b) Any resident of a municipality in which such a community residence or child-care residential facility is located may, with the approval of the legislative body of such municipality, petition (1) the Commissioner of Developmental Services to revoke the license of such community residence on the grounds that such community residence is not in compliance with the provisions of any statute or regulation concerning the operation of such residences, (2) the Commissioner of Children and Families to revoke the license of such child-care residential facility on the grounds that such child-care residential facility is not in compliance with the provision of any general statute or regulation concerning the operation of such child-care residential facility, or (3) the Commissioner of Mental Health and Addiction Services to withdraw funding from such community residence on the grounds that such community residence is not in compliance with the provisions of any general statute or regulation adopted thereunder concerning the operation of a community residence.
(c) Any municipality may designate an employee to serve as a liaison between the municipality and the Department of Public Health, the Department of Developmental Services and the Department of Mental Health and Addiction Services, as applicable, with respect to all matters associated with existing or proposed community residences within the municipality that are operated or funded by any such department. Not later than January 15, 2017, and annually thereafter, the Commissioners of Public Health, Developmental Services and Mental Health and Addiction Services, as applicable, shall provide each municipal liaison with a list of any existing or proposed community residences that are operated or funded by the commissioner's department and located within the liaison's municipality.
Sec. 2. (Effective from passage) (a) There is established a task force to study the distribution of community residences throughout the state.
(b) The task force shall consist of the following members:
(1) Two members appointed by the speaker of the House of Representatives;
(2) Two members appointed by the president pro tempore of the Senate;
(3) One member appointed by the majority leader of the House of Representatives;
(4) One member appointed by the majority leader of the Senate;
(5) One member appointed by the minority leader of the House of Representatives; and
(6) One member appointed by the minority leader of the Senate.
(c) Any member of the task force appointed under subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to planning and development shall serve as administrative staff of the task force.
(g) Not later than January 1, 2017, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2017, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016 8-3e
Sec. 2 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2016
8-3e
Sec. 2
from passage
New section
Statement of Purpose:
To allow municipalities to designate an employee to serve as a liaison between the municipality and any state agency with respect to community residences located in such municipality, and to establish a task force to study the distribution of community residences throughout the state.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]