Bill Text: MI HB4597 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Human services; adult foster care; allowable concentration of adult foster care homes; clarify. Amends sec. 16 of 1979 PA 218 (MCL 400.716).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-16 - Bill Electronically Reproduced 05/16/2019 [HB4597 Detail]

Download: Michigan-2019-HB4597-Introduced.html

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HOUSE BILL No. 4597

 

 

May 15, 2019, Introduced by Rep. Reilly and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1979 PA 218, entitled

 

"Adult foster care facility licensing act,"

 

by amending section 16 (MCL 400.716).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16. (1) Unless the city, village, or township approves a

 

temporary license, a temporary license shall not be granted under

 

this act if the issuance of issuing the license would substantially

 

contribute to an excessive concentration of community residential

 

facilities within a city, village, or township of this state.

 

     (2) A temporary license shall not be granted under this act if

 

the proposed adult foster care facility for more than 6 adults has

 

not obtained zoning approval or obtained a special or conditional

 

use permit if required by an ordinance of the city, village, or

township in which the proposed facility is located.

 

     (3) The department shall not issue a temporary license to an

 

adult foster care facility which does not comply with section 16a

 

of Act No. 183 of the Public Acts of 1943, as amended, being

 

section 125.216a of the Michigan Compiled Laws, section 16a of Act

 

No. 184 of the Public Acts of 1943, as amended, being section

 

125.286a of the Michigan Compiled Laws, and section 3b of Act No.

 

207 of the Public Acts of 1921, as amended, being section 125.583b

 

of the Michigan Compiled Laws.

 

     (3) (4) This section shall does not apply to an applicant who

 

has purchased a facility and the facility, at the time of the

 

purchase, or for 1 year preceding the application, was licensed

 

under this act or an act repealed by this act.

 

     (4) As used in this section, "excessive concentration" means 1

 

of the following:

 

     (a) More than 1 community residential facility within 200 feet

 

of each other.

 

     (b) More than 2 community residential facilities within 500

 

feet of each other.

 

     (c) Any other concentration that the city, village, or

 

township considers excessive.