This bill seeks to amend current statutes regarding the operation of assisted living homes by prohibiting municipalities and counties from imposing certain regulations. Specifically, it would prevent local governments from adopting any laws that impose occupancy caps lower than ten residents, restrict assisted living homes from operating in residentially zoned areas based on the number of residents or their classification, or require variances or permits based solely on resident numbers. Additionally, the bill clarifies that municipalities and counties can still enforce 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 regulations that conflict with this standard. It allows individuals to bring legal action for violations of these provisions and permits courts to award attorney fees to prevailing plaintiffs. The definition of "assisted living home" is also clarified, and the regulations would apply to both existing and newly licensed homes. A severability clause is included to ensure that if any part of the act 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
Chaptered Version: 9-462.15, 11-820.05, 9-462.09, 36-401