This bill proposes significant updates to current statutes regarding the regulation of assisted living homes by municipalities and counties. Under the new provisions, municipalities and counties would be prohibited from adopting, enforcing, or maintaining any regulations that impose occupancy caps lower than ten residents for assisted living homes. Additionally, they would not be allowed to restrict these homes from operating on residentially zoned properties based on the number of residents or their classification as assisted living facilities. The bill also allows for the enforcement of zoning, building, fire, safety, and health codes, provided these do not impose more restrictive occupancy limits than those allowed by the home's license.

Furthermore, the bill establishes that the occupancy limit for assisted living homes is a matter of statewide concern, preempting any local laws that conflict with this standard. It allows individuals to assert violations of these regulations in court, where they may also be awarded attorney fees if they prevail. The definition of "assisted living home" is clarified to align with existing statutes, and the bill includes a severability clause to ensure that if any part is found invalid, the remaining provisions remain effective.

Statutes affected:
Introduced Version: 9-462.15, 11-820.05, 36-401
Senate Engrossed Version: 9-462.15, 11-820.05, 9-462.09, 36-401