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House narrows state placement rule for disability residential facilities after local controversy

Utah House of Representatives · February 5, 2001
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Summary

In response to a local dispute over siting of a drug and alcohol rehabilitation center near an elementary school, the House passed H.B. 90 to align state code more closely with federal fair-housing requirements and to limit automatic placement of residential disability facilities in any zoning district.

The House voted Feb. 5 to approve the first substitute to H.B. 90, a bill prompted by disagreement in a community over placement of a drug-and-alcohol rehabilitation center next to an elementary school.

Representative Cori Holdaway said federal court decisions and state code required a review of how residential facilities for persons with disabilities are regulated. "What this bill is basically designed to do is...move us back, from a step beyond the Federal Code to more closely match the Federal Code," Holdaway said on the floor. She added that disability advocacy organizations had reviewed the bill and were not actively opposing it.

Supporters described the measure as intended to balance fair-housing obligations with local land-use concerns. The House passed the first substitute 72-0; the bill will now be considered by the Senate.