PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1361
(Reference to Senate engrossed bill)
Page 2, line 32, after "title" insert "; civil penalties"
Page 3, line 9, strike the second "or" insert a comma; after "issued" insert "or the sober living home ceases operations"
Page 4, line 10, after the period strike remainder of line
Strike lines 11 through 21, insert "The sober living home shall obtain and maintain current documentation from the local jurisdiction verifying compliance with all local zoning, building, fire and licensing ordinances and rules and shall provide the documentation to the department on request and in the application for a license, a license renewal or any proposed change in the maximum number of residents or any construction or modification of the sober living home. The department shall identify on each license the maximum number of residents who are allowed to live in the sober living home, including any manager or other staff living on the premises."
Between lines 38 and 39, insert:
"F. Any business or entity that represents or advertises itself as supporting drug or alcohol recovery and that is not licensed pursuant to this article or chapter 4 of this title shall disclose in all advertisements, business documents, digital media and publicity materials that the business or entity is unlicensed. The department shall establish a complaint process for enforcing this subsection. The director may assess civil penalties as prescribed in section 36-431.01 or 36-2063, as applicable, for a violation of this subsection.
G. If a licensed health care institution is affiliated with an unlicensed sober living home or other facility, building or structure found to be engaging in fraudulent, abusive or misleading practices, the health care institution is subject to civil penalties pursuant to section 36-431.01 up to and including license suspension or revocation.
H. Each day a violation occurs under this section constitutes a separate violation."
Page 5, line 2, strike ", subsections A and E"
Line 3, after the period insert "The director may temporarily require substantial compliance if the sober living home is required to resolve a violation through a plan of correction, but only if the violation is of a technical requirement in the rules adopted pursuant to this article, the sober living home conforms with generally accepted industry standards and the violation does not endanger the health, safety or welfare of the residents of the sober living home or the general public."
Line 27, strike "or license renewal"
Line 37, strike the comma insert "and"
Line 38, strike "and standards and local fire ordinances or rules"
Line 40, strike "approving" insert "issuing"; strike "a license renewal," insert "approving"
Page 6, line 2, strike "Promptly"
Line 6, strike "Within thirty calendar days"
Line 8, after "department" insert "or its third-party contractor"
Line 9, after "complaint" insert "and shall conduct a physical, on-site inspection if requested by local law enforcement or if the director determines that there is reasonable cause to believe the sober living home is not adhering to the requirements of this article"; after the period strike remainder of line
Strike lines 10 through 15
Line 18, after "director" strike remainder of line insert ":
1. Except as provided in paragraph 2 of this subsection, shall impose the following penalties:"
Page 6, line 19, strike "1." insert "(a)"
Line 29, strike "2." insert "(b)"
Line 30, after "both" insert a period strike remainder of line
Strike lines 31 and 32, insert:
"2. May require a person to resolve a violation through a plan of correction instead of imposing the penalties and sanctions prescribed in paragraph 1, subdivisions (a) and (b) of this subsection, but only if the violation is of a technical requirement in the rules adopted pursuant to this article, the sober living home conforms with generally accepted industry standards and the violation does not endanger the health, safety or welfare of the residents of the sober living home or the general public."
Page 7, strike lines 41 through 45
Page 8, strike lines 1 through 5, insert:
"K. If a political subdivision of this state requests an update from the department on the status of investigating a complaint filed by the political subdivision relating to a sober living home, the department shall notify the political subdivision of the status within five business days after the request. If requested by the political subdivision, the department shall provide to the political subdivision the findings of its investigation, including copies of investigative reports without personal identifying information of the sober living home residents."
Page 9, strike lines 7 through 12, insert:
"C. If a local jurisdiction provides contact information for notifications relating to sober living homes to the department, the department shall notify the local jurisdiction of all approvals and denials for licensure and renewal and all requests for changes affecting a sober living home license issued pursuant to this article in that jurisdiction within thirty calendar days after the approval or denial. The department is not obligated to provide the notifications under this subsection to local jurisdictions that do not provide their contact information to the department."
Page 9, strike lines 28 through 30
Renumber to conform
Page 10, strike lines 1 through 3
Renumber to conform
Amend title to conform