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ENGROSSED HOUSE
BILL NO. 2294 By: Hilbert of the House
and
Haste of the Senate
An Act relating to group homes; amending 60 O.S.
2021, Section 863, which relates to group home
procedure and affected real property owners; removing
a mandate; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 863, is
amended to read as follows:
Section 863.
A. 1. a. A group home is a residential use of property for the
purposes of zoning and shall be treated as a permitted
use in all residential zones or districts, including
all single-family residential zones or districts of
all political subdivisions of this state. No
political subdivision may require that a group home,
its owner, or operator obtain a conditional use
permit, special use permit, special exception, or
variance different from those required for other
dwellings of similar density in the same zone;
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provided, however, prior to the establishment of a
group home in any residential area within a political
subdivision, the owner of such home shall file with
the political subdivision an application for the
establishment of such group home in such residential
area. The political subdivision shall provide for
notice to be given to all affected real property
owners. The notice shall contain a legal description
of the property and the street address or approximate
location of the group home.
b. For the purposes of this section, the term "affected
real property owners" shall mean all owners of real
property which is located within three hundred (300)
feet of the exterior boundary of the property on which
the group home is to be located. The political
subdivision may deny the application if the owner of
the group home fails to obtain a license from the
Department of Human Services or if the group home
fails to comply with the spacing requirements of
subsection B of this section.
2. After the initial approval process, the political
subdivision shall have the right to require a rezoning application,
special exception, or variance filing and a public hearing, if such
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procedures are normally required for any other similar use in the
zoning district.
B. 1. Any rules promulgated by the State Board of Health for
purposes of implementing the Community Residential Living for
Persons with Developmental or Physical Disabilities Act shall remain
in effect until such rules are superseded by rules promulgated by
the Commission for Department of Human Services, pursuant to this
section. At such time, rules promulgated by the State Board of
Health shall terminate.
2. For the purposes of safeguarding the health and safety of
persons with developmental or physical disabilities and avoiding an
over-concentration of group homes, either along or in conjunction
with similar community-based residences, within one hundred eighty
(180) days of the effective date of the Community Residential Living
for Persons with Developmental or Physical Disabilities Act, the
Commission for Department of Human Services shall promulgate rules
which shall may encompass the following matters:
a. limitations on the number of new group homes to be
permitted on blocks, block faces, and other
appropriate geographic areas, to one thousand two
hundred (1,200) feet between group homes, or similar
community residential facilities serving persons in
drug, alcohol, juvenile, child, parole, and other
programs of treatment, care, supervision, or
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rehabilitation in a community setting; provided,
however, this provision shall not apply to group homes
located outside of the corporate limits of a
municipality,.
3. For the purposes of safeguarding the health and safety of
persons with developmental or physical disabilities and avoiding an
over-concentration of group homes, either along or in conjunction
with similar community-based residences, within one hundred eighty
(180) days of the effective date of the Community Residential Living
for Persons with Developmental or Physical Disabilities Act, the
Department of Human Services shall promulgate rules which shall
encompass the following matters:
b.
a. assurance that adequate arrangements are made for the
residents of group homes to receive such care and
habilitation as is necessary and appropriate to their
needs and to further their progress towards
independent living,
c.
b. protection of the health and safety of the residents
of group homes. Compliance with these rules shall not
relieve the operator of any group home of the
obligation to comply with the requirements or
standards of a political subdivision pertaining to
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building, housing, health, fire, safety, and motor
vehicle parking space that generally apply to single-
family residences in the zoning district. No
requirements for business licenses, gross receipt
taxes, environmental impact studies, or clearances may
be imposed on such homes if such fees, taxes, or
clearances are not imposed on all structures in the
zoning district housing a like number of persons. A
group home shall not be excluded from a single family
zone as a result of requirements promulgated by the
Commission Department,
d.
c. procedures by which a resident of a residential zoning
district or the governing body of a political
subdivision in which a group home is, or is to be,
located may petition the Department of Human Services
to deny an application for a license to operate a
group home on the grounds that the operation of such a
home would be in violation of the limits established
pursuant to the provisions of subparagraph a of
paragraph 2 of subsection B of this section, and
e.
d. fees for licenses or renewal of licenses required by
this section.
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C. In order to facilitate the implementation of subparagraph a
of paragraph 2 of subsection B of this section, the Department shall
maintain a list of the location, capacity, and current occupancy of
all group homes. The Department shall ensure that this list shall
not contain the names or other identifiable information about any
residents of such home and that copies of this list shall be
available upon request to any resident of this state and any state
agency or political subdivision.
SECTION 2. This act shall become effective November 1, 2025.
Passed the House of Representatives the 11th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate