(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 118-Committee on Government Affairs
February 3, 1997
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Referred to Committee on Government Affairs
SUMMARY--Makes various changes concerning residential facilities for groups. (BDR 22-22)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to residential facilities for groups; revising the limitation on local control over the location of housing for mentally retarded persons; requiring the enactment of certain related ordinances; requiring local governments to maintain a registry of residential facilities for groups; revising the definition of "residential facility for groups"; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 278.021 is hereby amended to read as follows:
278.0211. The [purpose] purposes of this section [is to remove] are to:
(a) Remove obstacles imposed by zoning ordinances, declarations of restrictions, deed restrictions, restrictive covenants and equitable servitudes ; and
(b) Prevent the concentration of group homes in a residential neighborhood,
which prevent persons [who are mentally retarded] with disabilities from living in normal residences [.] throughout the entire community.
2. In any ordinance adopted by a [city or county,] county or city, the definition of "single-family residence" must include a [home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.
3. This section does] :
(a) Residential facility for groups in which six or fewer unrelated persons with disabilities reside with:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
(b) Home for individual residential care in which two or fewer unrelated persons with disabilities reside with:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
3. The provisions of subsection 2 do not prohibit a definition of "single-family residence" which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis. For the purposes of this subsection, a residential facility for groups or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis.
4. [For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.] The governing body of a county or city shall require each residential facility for groups located within its jurisdiction to register. The procedure adopted by the governing body for this registration must be minimal and simplified. The form for registration must require the registrant to list the name of the owner of the facility, the name of the administrator of the facility, the address of the facility, the number of clients residing in the facility and any other information deemed appropriate by the governing body. The governing body shall maintain a registry of the information so provided. Each such registration must be valid for 2 years. The facility shall notify the governing body of any change in the listed information within 30 days after the change. The biennial fee for registration, if any, must not exceed $25 and there must be no charge for notifying the governing body of any change in the listed information.
5. The governing body of a county or city shall approve a request to locate the first residential facility for groups within a particular neighborhood. If, on or after October 1, 1997, permission is requested to locate an additional residential facility for groups within 660 feet from an existing residential facility for groups, the governing body of a county or city shall review the application based on applicable zoning ordinances. The requirements of this subsection do not require the relocation or displacement of any facility for residential groups which existed before October 1, 1997, from its location on that date.
6. The governing body of a county or city shall not:
(a) Require a special use permit for a residential facility for groups; or
(b) Permit the operators of a residential facility for groups to allow persons other than those specified in subsection 2 to reside at the facility.
7. As used in this section:
(a) "Home for individual residential care" has the meaning ascribed to that term in NRS 449.0105.
(b) "Person with a disability" means a person:
(1) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) With a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(c) "Residential facility for groups" has the meaning ascribed to that term in NRS 449.017.
Sec. 2. NRS 449.017 is hereby amended to read as follows:
449.0171. Except as otherwise provided in subsection 2, "residential facility for groups" means an establishment that furnishes food, shelter, assistance and limited supervision to [:
(a) Any] any aged, infirm, mentally retarded or handicapped person . [; or
(b) Four or more females during pregnancy or after delivery.]
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his own home;
(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or
(d) A facility funded by the welfare division or the mental hygiene and mental retardation division of the department of human resources.