This bill proposes significant updates to current statutes regarding the operation of assisted living homes and facilities by municipalities and counties. Under the new provisions, municipalities and counties would be prohibited from adopting or enforcing regulations that impose a cap on the number of residents below what is allowed by state health services rules or the facility's license. Additionally, they cannot restrict these facilities from operating in residentially zoned areas based on the number of residents or their classification as health care institutions. The bill also prevents municipalities and counties from requiring variances or permits solely based on resident numbers.
Furthermore, the bill establishes that municipalities and counties may enforce building, fire, safety, and health codes uniformly, provided they do not impose stricter occupancy limits than those set by state regulations. It allows individuals to seek legal action for violations, with the possibility of recovering attorney fees. Importantly, the bill asserts that the regulation of assisted living facilities is a matter of statewide concern, preempting any conflicting local laws. Definitions for "assisted living facility," "assisted living home," and "health care institution" are also included, aligning them with existing state definitions.
Statutes affected: Introduced Version: 9-462.15, 11-820.05, 36-401