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H0465.................................................by HEALTH AND WELFARE
LOCAL LAND USE PLANNING - Amends existing law relating to local land use
planning and group residences to revise terms; to clarify supervision
requirements; to eliminate restrictions on local governments to regulate
group residences which are zoned as single family dwellings when tenancy in
such homes is by persons under supervision of the State Board of Correction
pursuant to law, by persons required to register pursuant to law, or by
other persons posing a direct threat of harm.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 61-4-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Bradford, Chew, Clark, Collins, Crane,
Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest(Burgoyne),
Henderson, Killen, King, Kren, Labrador, Lake, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Chavez, Jaquet, LeFavour, Ringo
Absent and excused -- Black, Brackett, Chadderdon, Patrick, Trail
Floor Sponsor - Luker
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Loc Gov
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk
NAYS -- Siddoway
Absent and excused -- Gannon, Geddes
Floor Sponsors - McKenzie & Lodge
Title apvd - to House
03/06 To enrol
03/07 Rpt enrol - Sp signed
03/10 Pres signed
03/11 To Governor
03/17 Governor signed
Session Law Chapter 123
Effective: 03/17/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 465 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING AND GROUP RESIDENCES; AMENDING SECTION 3 67-6531, IDAHO CODE, TO REVISE TERMS AND TO CLARIFY SUPERVISION REQUIRE- 4 MENTS; AMENDING SECTION 67-6532, IDAHO CODE, TO ELIMINATE RESTRICTIONS ON 5 LOCAL GOVERNMENTS TO REGULATE GROUP RESIDENCES WHICH ARE ZONED AS "SINGLE 6 FAMILY DWELLINGS" WHEN TENANCY IN SUCH HOMES IS BY PERSONS UNDER SUPERVI- 7 SION OF THE STATE BOARD OF CORRECTION PURSUANT TO LAW, BY PERSONS REQUIRED 8 TO REGISTER PURSUANT TO LAW, OR BY OTHER PERSONS POSING A DIRECT THREAT OF 9 HARM; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 67-6531, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-6531. SINGLE FAMILY DWELLING. (a) For the purpose of any zoning law, 14 ordinance or code, the classification "single family dwelling" shall include 15 anyhomegroup residence in which eight (8) or fewer unrelated mentally and/or 16 physically handicapped or elderly persons reside;andwhich iswho are super- 17 vised at the group residence in connection with their handicap or age related 18 infirmity. 19 (b) Resident staff, if employed, need not be related to each other or to 20 any of the mentally and/or physically handicapped or elderly persons residing 21 in thehomegroup residence. 22 (c) No more than two (2) of such staff shall reside in the dwelling at 23 any one time. 24 SECTION 2. That Section 67-6532, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 67-6532. LICENSURE, STANDARDS AND RESTRICTIONS. (a) The department of 27 health and welfare may requiresuchgroup residences, as defined in section 28 67-6531, Idaho Code, to be licensed and set minimum standards for providing 29 services or operation. Such licensure may be under the residential or assisted 30 living facility rules, or under the intermediate care facilities for mentally 31 retarded or related conditions rules, or under rules specifically written for 32 such group residences. 33 (b) No conditional use permit, zoning variance, or other zoning clearance 34 shall be required of aresidential facility which serves eight (8) or fewer35mentally and/or physically handicapped or elderly persons and is supervised as36requiredgroup residence, as defined in section 67-6531, Idaho Code, which is 37 not required of a single family dwelling in the same zone. 38 (c) No local ordinances or local restrictions shall be applied to or 39 required for aresidential facility which serves eight (8) or fewer mentally40and/or physically handicapped or elderly persons and is supervised as required41 group residence, as defined in section 67-6531, Idaho Code, which is not 2 1 applied to or required for a single family dwelling in the same zone. 2 (d) The limitations provided for in subsections (b) and (c) of this sec- 3 tion shall not apply to tenancy or planned tenancy in a group residence, as 4 defined in section 67-6531, Idaho Code, by persons who are under the supervi- 5 sion of the state board of correction pursuant to section 20-219, Idaho Code, 6 or who are required to register pursuant to chapter 83 or 84, title 18, Idaho 7 Code, or whose tenancy would otherwise constitute a direct threat to the 8 health or safety of other individuals or whose tenancy would result in sub- 9 stantial physical damage to the property of others. 10 SECTION 3. An emergency existing therefor, which emergency is hereby 11 declared to exist, this act shall be in full force and effect on and after its 12 passage and approval.
STATEMENT OF PURPOSE
RS 17749
This bill amends provisions of the Local Land Use Planning Act
which includes certain group homes for the handicapped within
the definition of "single family dwelling." Under the Act such
homes may be established without any permits, variances or other
restrictions that would not otherwise be imposed on a single
family dwelling. The state provisions are an offshoot of the
federal Fair Housing Act (FHA). In 1988, the FHA was amended to
include those suffering from drug and alcohol addiction within
the definition of handicapped. In reliance on the FHA group
homes for drug and alcohol addicts have appeared in increasing
numbers in family neighborhoods. Residents in these homes are
often convicted felons still under the supervision of the
Department of Corrections, or registered sex offenders.
The FHA does contain some exclusions. One exclusion specifically
exempts from protection those "whose tenancy would otherwise
constitute a direct threat to the health or safety of other
individuals or whose tenancy would result in substantial physical
damage to the property of others." According to the United
States Department of Justice that includes "persons convicted for
illegal manufacture or distribution of a controlled substance,
sex offenders, and juvenile offenders," by virtue of their
status. It would also include those who are still under the
supervision of the department of corrections on probation or
parole.
The current state law, however, does not contain the federal
exemption, and therefore imposes a greater restriction on local
government zoning authority than does the federal Fair Housing
Act. The present bill adds the federal exemption to state law to
permit local government greater latitude in applying zoning
procedures and conditions to group homes housing those falling
within the exemption. The bill also clarifies terms of reference
for group residence homes so that they are consistent in the
applicable sections. The term "supervision" is also clarified to
specify the nature of the qualifying supervision connected with
the handicapped residents as distinguished from unrelated types
of supervision, such as parole or probation supervision.
FISCAL NOTE
None.
Contact
Name: Rep. Lynn Luker
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 465