Bill Text: AZ HB2107 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered


Bill Title: Structured sober living homes

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2016-05-17 - Chapter 287 [HB2107 Detail]

Download: Arizona-2016-HB2107-Chaptered.html

 

 

Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

 

CHAPTER 287

 

HOUSE BILL 2107

 

 

AN ACT

 

Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.38; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11‑269.15; relating to local health and safety ordinances.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.38, to read:

START_STATUTE9-500.38.  Structured sober living homes; standards; definition

A.  A city or town may adopt by ordinance standards for structured sober living homes that comply with state and federal fair housing laws and the Americans with disabilities act.  If adopted, the standards for structured sober living homes may include:

1.  A written notification from all structured sober living homes that includes:

(a)  The name and address of the structured sober living home.

(b)  The following information regarding the property:

(i)  The property owner's name, address and contact telephone number.

(ii)  If the property is leased, a copy of the lease that states that the property will be used as a structured sober living home.

2.  Supervision requirements in the structured sober living home for the residents during all hours of operation.

3.  the establishment and maintenance of an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances.

B.  A city or town that adopts standards for structured sober living homes pursuant to subsection A of this section may exclude from regulation any structured sober living home that is subject to adequate oversight by another governmental entity or contractor.

C.  For the purposes of this section, "structured sober living home":

1.  Means any premises, place or building that provides alcohol‑free or drug‑free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home.

2.  Does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.END_STATUTE

Sec. 2.  Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.15, to read:

START_STATUTE11-269.15.  Structured sober living homes; standards; definition

A.  A county may adopt by ordinance standards for structured sober living homes that comply with state and federal fair housing laws and the Americans with disabilities act.  If adopted, the standards for structured sober living homes may include:

1.  A written notification from all structured sober living homes that includes:

(a)  The name and address of the structured sober living home.

(b)  The following information regarding the property:

(i)  The property owner's name, address and contact telephone number.

(ii)  If the property is leased, a copy of the lease that states that the property will be used as a structured sober living home.

2.  Supervision requirements in the structured sober living home for the residents during all hours of operation.

3.  the establishment and maintenance of an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances.

B.  A county that adopts standards for structured sober living homes pursuant to subsection A of this section may exclude from regulation any structured sober living home that is subject to adequate oversight by another governmental entity or contractor.

C.  For the purposes of this section, "structured sober living home":

1.  Means any premises, place or building that provides alcohol‑free or drug‑free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home.

2.  Does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.END_STATUTE


 

 

 

APPROVED BY THE GOVERNOR MAY 17, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 17, 2016.

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