Bill Amendment: AZ HB2317 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: Sober living homes
Status: 2024-03-26 - Senate majority caucus: Do pass [HB2317 Detail]
Download: Arizona-2024-HB2317-SENATE_-_Health_and_Human_Services.html
Fifty-sixth Legislature Health and Human Services
Second Regular Session H.B. 2317
COMMITTEE ON HEALTH AND HUMAN SERVICES
SENATE AMENDMENTS TO H.B. 2317
(Reference to House engrossed bill)
Page 1, line 25, after "unit" strike remainder of line
Strike lines 26 through 33, insert "or person that provides any premises, place or dwelling unit that meets at least one of the following:
(i) Provides housing that provides or arranges for residents to receive any service or activity for recovery from any substance use disorder, including full-time or part-time supervision, observation, oversight or transportation to or from any service, treatment or activity directed primarily toward recovery from any substance use disorder.
(ii) Advertises, markets, holds itself out or otherwise implies through any means, including oral, written, electronic or printed means, that it provides or will provide a living environment directed primarily toward recovery from any substance use disorder.
(iii) Provides alcohol-free and drug-free housing in a full-time or part-time supervised living environment for individuals recovering from any substance use disorder.
(b) Does not include:"
Line 34, strike "(ii) Does not provide" insert "(i) Any premises, place or dwelling unit that provides"
Line 36, strike "(b) Does not include" insert "(ii)"
Line 40, strike "verification by" insert "administrative clearance from"
Page 3, line 14, after the period strike remainder of line
Strike lines 15 through 20
Line 21, strike "these requests." insert "The application for licensure shall require the sober living home to obtain written administrative clearance from the local jurisdiction where the sober living home is located verifying compliance with all local zoning, building, fire and licensing ordinances. The name and contact information of the designated employee of the local jurisdiction who is authorized to provide the required administrative clearance pursuant to this subsection shall be posted on the local jurisdiction's website or the website of an association representing the local jurisdiction if the local jurisdiction does not have a website."
Page 6, line 24, after "complaint" insert "relating to a sober living home"
Page 7, strike lines 39 through 43, insert:
"C. The department shall notify the designated employee of the local jurisdiction as prescribed in section 36-2062, subsection C of all approvals and denials for licensure and renewal and all requests for changes affecting a sober living home license issued pursuant to this article in that jurisdiction within thirty calendar days after receipt of the application for licensure or renewal or request for changes."
Page 8, after line 41, insert:
"Sec. 9. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2068, to read:
36-2068. Sober living homes; legal action; licensure; change of ownership
A. THE DEPARTMENT MAY NOT ACT ON AN APPLICATION FOR LICENSURE OF A CURRENTLY LICENSED SOBER LIVING HOME WHILE ANY ENFORCEMENT OR COURT ACTION RELATED TO THE SOBER LIVING HOME, INCLUDING ENFORCEMENT AND COURT ACTIONS OF A CITY, TOWN OR COUNTY THAT ARE REPORTED TO THE DEPARTMENT, IS PENDING AGAINST THAT SOBER LIVING HOME OR THE CURRENT LICENSEE.
B. THE DIRECTOR MAY CONTINUE TO PURSUE ANY COURT, ADMINISTRATIVE OR ENFORCEMENT ACTION AGAINST A LICENSEE DESCRIBED IN SUBSECTION A OF THIS SECTION EVEN THOUGH THE SOBER LIVING HOME IS IN THE PROCESS OF BEING SOLD OR TRANSFERRED TO A NEW OWNER.
C. THE DEPARTMENT MAY NOT APPROVE A CHANGE IN SOBER LIVING HOME OWNERSHIP UNLESS THE DEPARTMENT DETERMINES THAT THERE HAS BEEN A TRANSFER OF ALL LEGAL AND EQUITABLE INTERESTS, CONTROL AND AUTHORITY IN THE SOBER LIVING HOME SO THAT PERSONS OTHER THAN THE TRANSFERRING LICENSEE, THAT LICENSEE'S AGENT OR OTHER PARTIES EXERCISING AUTHORITY OR SUPERVISION OVER THE SOBER LIVING HOME'S DAILY OPERATIONS OR STAFF ARE RESPONSIBLE FOR AND HAVE CONTROL OVER THE SOBER LIVING HOME. IF THE DEPARTMENT APPROVES A CHANGE OF OWNERSHIP OF A CURRENTLY LICENSED SOBER LIVING HOME, ANY DEFICIENCY REMAINING TRANSFERS TO THE NEW OWNER BUT ANY FEES OR CIVIL PENALTIES ASSOCIATED WITH THE DEFICIENCY REMAIN THE RESPONSIBILITY OF THE PREVIOUS OWNER."
Amend title to conform
