2022 -- H 7255

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LC003748

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMERGENCY SHELTERS

     

     Introduced By: Representatives J Lombardi, Morales, and Henries

     Date Introduced: January 28, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

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

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CHAPTER 128.4

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EMERGENCY SHELTERS

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     42-128.4-1. Definitions.

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     As used in this chapter, the term:

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

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

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populations of the homeless.

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     42-128.4-2. Licensing and exemption.

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     (a) The housing resources commission shall establish an application for an emergency

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shelter license no later than January 1, 2023. Upon receipt of an application for a license, the

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licensing agency shall issue a license if the applicant meets the requirements established pursuant

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to this chapter. A license issued under the provisions of this section shall be the property of the

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state and loaned to the licensee, and it shall be posted in a conspicuous place on the licensed

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premises. Each license shall be issued only for the premises and persons named in the application,

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and shall not be transferable or assignable except with the written approval of the commission. No

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fee shall be charged for the license.

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

 

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

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from this chapter.

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     42-128.4-3. Minimum shelter standards.

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     (a) All emergency shelters that are required to be licensed shall:

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

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shall be the shelters’ top priority;

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

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

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

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required by state and federal law; and

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

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

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

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

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

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

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later than December 1, 2022.

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     42-128.4-4. Grievance procedure.

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     The housing resource commission shall promulgate a grievance procedure designed to

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address complaints of persons who have resided or attempted to reside in any emergency shelter

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within this state. Grievance procedures shall be posted in the licensed premises in a conspicuous

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place accessed frequently by residents.

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     42-128.4-5. Fees prohibited.

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     Any fees or payments of money for the purposes of providing shelter and personal care

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items, including, but not limited to, linens, toiletries and diapers shall be prohibited unless

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otherwise allowable by state or federal law. Resident funds provided to a shelter for the purposes

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of teaching financial literacy or creating a "savings account" are permitted if the funds are returned

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to the resident at the appropriate time or upon request.

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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 -- EMERGENCY SHELTERS

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

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

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     This act would take effect upon passage.

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