2017 -- H 5159 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - AFFORDABLE HOUSING

OPPORTUNITY

     Introduced By: Representatives Lancia, Lima, Chippendale, Solomon, and Jacquard

     Date Introduced: January 19, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-11.2-11 of the General Laws in Chapter 42-11.2 entitled

"Affordable Housing Opportunity" is hereby amended to read as follows:

     42-11.2-11. Tenant eligibility.

     (a) In order to be eligible to reside in a unit assisted under this chapter, the tenant must be

a low-income family as defined in § 42-11.2-3.

     (b) Notwithstanding subsection (a) of this section, a tenant is eligible to reside in a unit

assisted under this chapter if:

     (1) The tenant was a low-income family at the time the tenant initially moved into the

unit assisted under this chapter; or

     (2) The tenant resided in the unit assisted under this chapter at the time that the unit first

became assisted under this chapter.

     (c)(1) Any facility that operates in any manner as a homeless shelter and is located on

state property that can accommodate up to five (5) homeless individuals shall not permit more

than one bed to be utilized by persons registered, or who are required to register, as a sex offender

under the laws of this state or of any other jurisdiction.

     (2) Any facility that operates in any manner as a homeless shelter and is located on state

property that can accommodate not less than six (6) nor more than twenty (20) homeless

individuals shall not permit more than two (2) beds to be utilized by persons registered, or who

are required to register, as a sex offender under the laws of this state or of any other jurisdiction.

     (3) Any facility that operates in any manner as a homeless shelter and is located on state

property which can accommodate at least twenty-one (21) and no more than fifty (50) homeless

individuals shall not permit more than five (5) of the beds in the facility to be utilized to shelter

persons who are registered, or are required to register, as a sex offender under the laws of this

state or of any other jurisdiction.

     (4) Any facility that operates in any manner as a homeless shelter and located on state

property which can accommodate more than fifty (50) homeless individuals shall not permit more

than ten percent (10%) of the beds in the facility to be utilized to shelter persons who are

registered, or are required to register, as a sex offender under the laws of this state or of any other

jurisdiction.

     (5) The state shall not establish nor maintain any homeless shelter within a thousand feet

(1,000') of a homeless shelter in existence as of January 1, 2017.

     (6) None of the limitations and restrictions in subsections (c)(1) through (c)(5) shall apply

to any health care facility.

     SECTION 2. This act shall take effect on January 1, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - AFFORDABLE HOUSING

OPPORTUNITY

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     This act would prevent registered sex offenders from forming more than ten percent

(10%) of the population of residential facilities receiving state funding or assistance, with certain

exceptions.

     This act would take effect on January 1, 2018.

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