| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 301 |
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| 6 | 5 | | By Martin G |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0301 |
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| 10 | 9 | | 001057 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 5; |
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| 14 | 13 | | Title 6; Title 7; Title 13 and Title 33, relative to |
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| 15 | 14 | | housing. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 7, Chapter 51, is amended by adding |
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| 19 | 18 | | the following new part: |
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| 20 | 19 | | 7-51-2601. |
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| 21 | 20 | | As used in this part: |
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| 22 | 21 | | (1) "Healthcare provider" means a healthcare professional licensed |
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| 23 | 22 | | under title 63 or 68 whose scope of practice includes the diagnosis and treatment |
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| 24 | 23 | | of alcohol, drug, and substance abuse; |
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| 25 | 24 | | (2) "Local government" means a county, incorporated city or town, or |
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| 26 | 25 | | metropolitan government; |
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| 27 | 26 | | (3) "Operator" means the lawful owner of a sober living home or a person |
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| 28 | 27 | | or entity designated by such lawful owner to have primary responsibility for the |
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| 29 | 28 | | daily operation of such sober living home; and |
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| 30 | 29 | | (4) "Sober living home" means an alcohol-free and drug-free residence |
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| 31 | 30 | | where unrelated adults who are recovering from alcohol, drug, or substance |
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| 32 | 31 | | abuse choose to live together in a supportive environment during their recovery |
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| 33 | 32 | | where no formal alcohol, drug, or substance abuse treatment services are |
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| 34 | 33 | | provided. |
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| 35 | 34 | | 7-51-2602. |
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| 36 | 35 | | |
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| 37 | 36 | | |
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| 38 | 37 | | - 2 - 001057 |
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| 39 | 38 | | |
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| 40 | 39 | | (a) The governing body of a local government may adopt an ordinance or |
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| 41 | 40 | | resolution: |
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| 42 | 41 | | (1) Requiring a sober living home to be located at a distance of not less |
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| 43 | 42 | | than one thousand feet (1,000') from a kindergarten through grade twelve (K-12) |
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| 44 | 43 | | educational facility, preschool, or daycare facility; |
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| 45 | 44 | | (2) Regulating the location or operation of a sober living home within the |
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| 46 | 45 | | jurisdiction of the local government; and |
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| 47 | 46 | | (3) Requiring that an operator, prior to authorizing an individual to reside |
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| 48 | 47 | | in a sober living home, receive a clinical referral from a licensed healthcare |
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| 49 | 48 | | provider indicating that placement in a sober living home is a medical necessity |
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| 50 | 49 | | for the individual based on the individual's status as recovering from alcohol, |
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| 51 | 50 | | drug, or substance abuse. |
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| 52 | 51 | | (b) An ordinance or resolution adopted pursuant to subsection (a) must comply |
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| 53 | 52 | | with the Fair Housing Act, as amended, (42 U.S.C. §§ 3601 et seq.) and the Americans |
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| 54 | 53 | | with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.). |
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| 55 | 54 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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