Bill Text: MI HB5466 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Human services; adult foster care; local zoning requirements; clarify applicability of. Amends secs. 16 & 33 of 1979 PA 218 (MCL 400.716 & 400.733).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-16 - Bill Electronically Reproduced 03/15/2016 [HB5466 Detail]
Download: Michigan-2015-HB5466-Introduced.html
HOUSE BILL No. 5466
March 15, 2016, Introduced by Rep. Lucido and referred to the Committee on Local Government.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending sections 16 and 33 (MCL 400.716 and 400.733).
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 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, subject to
section 206 of the Michigan zoning enabling act, 2006 PA 110, MCL
125.3206.
(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 if
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under this act or an act repealed by this act.
Sec. 33. This act supersedes all local regulations applicable
specifically
to adult foster care facilities. Local Subject to
section 206 of the Michigan zoning enabling act, 2006 PA 110, MCL
126.3206, ordinances, regulations, or construction codes regulating
institutions shall not be applied to adult foster care large group
homes, adult foster care small group homes, or adult foster care
family
homes. This section shall not be construed to does not
exempt adult foster care facilities from local construction codes
which
that are applicable to private residences.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
