2018 -- S 2632 SUBSTITUTE A

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LC005190/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- AFFORDABLE HOUSING

OPPORTUNITY

     

     Introduced By: Senators Gallo, Lynch Prata, McCaffrey, Goodwin, and Lombardi

     Date Introduced: March 14, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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     42-11.2-11. Tenant eligibility. [Effective January 1, 2018.].

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

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

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

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assisted under this chapter if:

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

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unit assisted under this chapter; or

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

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became assisted under this chapter.

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

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located on state property, in the capacities listed in subsections (c)(1) through (c)(4) of this

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section, the following guidelines apply:

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     (1) A facility that can accommodate up to five (5) homeless individuals shall may not

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

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

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

 

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

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homeless individuals shall may not permit more than two (2) beds to be utilized by persons

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

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other jurisdiction.

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

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property A facility that can accommodate at least twenty-one (21) and no more than fifty (50)

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

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utilized to shelter persons who are registered, or are required to register, as a sex offender under

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the laws of this state or of any other jurisdiction.

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

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property A facility that can accommodate more than fifty (50) homeless individuals shall may not

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

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

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other jurisdiction.

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     (5) The facilities in subsections (c)(1) through (c)(4) of this section may exceed the

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guidelines if:

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     (i) The facility complies with the reporting requirements of § 11-37.1-21(c); and

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     (ii) The facility reports to the same authorities as required by § 11-37.1-21(c) that they

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have considered available alternative shelters and/or housing for the subject individuals.

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     (5)(6) The state shall not establish nor maintain any homeless shelter within one thousand

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

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

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apply to any health care facility.

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     SECTION 2. This act shall take effect upon passage.

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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 limit the number of registered sex offenders in any facility that operates as

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a homeless shelter on state property. Those limits may be exceeded if the facility complies with

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the provisions of § 11-37.1-21(c) and reports that the facility has considered the available shelters

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and housing.

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     This act would take effect upon passage.

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