2016 -- H 7883

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LC005334

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - EMERGENCY SHELTERS

     Introduced By: Representatives Lombardi, Regunberg, Tanzi, Amore, and Maldonado

     Date Introduced: March 04, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. TITLE 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 128.3

EMERGENCY SHELTERS

     42-128.3-1. Definitions. -- As used in this section, the following words shall have the

following meanings:

     (1) "Emergency shelter" means a facility with overnight sleeping accommodations, the

primary purpose of which is to provide temporary shelter for the homeless in general or for

specific populations of the homeless.

     42-128.3-2. Licensing and exemption. -- (a) The housing resources commission shall

establish an application for an emergency shelter license no later than January 1, 2017. Upon

receipt of an application for a license, the licensing agency shall issue a license if the applicant

meets the requirements established pursuant to this chapter. A license issued under the provisions

of this section shall be the property of the state and loaned to the licensee, and it shall be posted in

a conspicuous place on the licensed premises. Each license shall be issued only for the premises

and persons named in the application, and shall not be transferable or assignable except with the

written approval of the commission. No fee shall be charged for said license.

     (b) Any emergency shelter established due to a natural disaster, impending dangerous

storm, or other event, including, but not limited to, fires, hurricanes and blizzards, shall be

exempt from this chapter.

     42-128.3-3. Minimum shelter standards. -- (a) All emergency shelters that are required

to be licensed shall:

     (1) Provide a safe place for a person to temporarily reside. Safety of residents and staff

shall be the shelters’ top priority;

     (2) Make drinking water available to residents and proper bathroom facilities as required

by the state building code in chapter 27.3 of title 23;

     (3) Develop a written policy regarding the privacy and confidentiality of its residents as

required by state and federal law;

     (4) Establish an approved procedure for the safe transfer of a person seeking shelter or

having been sheltered at the licensed premises, who can no longer reside in the shelter at the

licensed premises in question. The established procedure shall be posted in conspicuous place on

the licensed premises that is in area accessed frequently by residents.

     (b) The housing resources commission shall promulgate additional minimum shelter

standards that shall apply to emergency shelters that are at least partially funded by the state, no

later than December 1, 2016.

     42-128.3-4. Grievance procedure. -- The housing resource commission shall promulgate

a grievance procedure designed to address complaints of persons who have resided or attempted

to reside in any emergency shelter within this state. Grievance procedures shall be posted in the

licensed premises in a conspicuous place accessed frequently by residents.

     42-128.3-5. Fees prohibited. -- Any fees or payments of money for the purposes of

providing shelter and personal care items, including, but not limited to, linens, toiletries and

diapers shall be prohibited unless otherwise allowable by state or federal law. Resident funds

provided to a shelter for the purposes of teaching financial literacy or creating a "savings

account" are permitted if said funds are returned to the resident at the appropriate time or upon

request.

     SECTION 2. This act shall take effect upon passage.

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LC005334

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - EMERGENCY SHELTERS

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     This act would establish rules and procedures for licensing emergency shelters including

setting minimum standards and prohibiting the charging fees to the residents.

     This act would take effect upon passage.

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LC005334

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