General Assembly Substitute Bill No. 5176
February Session, 2016 *_____HB05176PD____030716____*
General Assembly
Substitute Bill No. 5176
February Session, 2016
*_____HB05176PD____030716____*
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 Section 8-3e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):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] disabilities 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) At the request of a municipality, the Department of Public Health, the Department of Developmental Services, the Department of Mental Health and Addiction Services or the Department of Correction shall (1) designate an employee to serve as a liaison between such department and such municipality with respect to all matters associated with existing or proposed community residences within such municipality that are operated or funded by such department, and (2) provide such municipality with notice that there are community residences that are operated or funded by the relevant department and located within such municipality.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016 8-3e
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2016
8-3e
PD Joint Favorable Subst.
PD
Joint Favorable Subst.