(Reprinted with amendments adopted on April 4, 2003)

 

Senate Bill No. 236–Senator Titus

 

March 4, 2003

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Joint Sponsor: Assemblywoman Giunchigliani

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to location of halfway houses for recovering alcohol and drug abusers. (BDR 22‑90)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to halfway houses for recovering alcohol and drug abusers; providing that halfway houses for recovering alcohol and drug abusers may not be located within a specified distance of a school, park or certain other locations at which children normally congregate; providing that existing halfway houses for recovering alcohol and drug abusers need not be relocated or displaced; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 278.021 is hereby amended to read as follows:

1-2  278.021  1.  In any ordinance adopted by a city or county, the

1-3  definition of “single-family residence” must include a:

1-4  (a) Residential facility for groups in which 10 or fewer unrelated

1-5  persons with disabilities reside with:

1-6       (1) House parents or guardians who need not be related to

1-7  any of the persons with disabilities; and

2-1       (2) If applicable, additional persons who are related to the

2-2  house parents or guardians within the third degree of consanguinity

2-3  or affinity.

2-4  (b) Home for individual residential care.

2-5  (c) Halfway house for recovering alcohol and drug abusers.

2-6  2.  The provisions of subsection 1 do not prohibit a definition of

2-7  “single-family residence” which permits more persons to reside in a

2-8  residential facility for groups, nor does it prohibit regulation of

2-9  homes which are operated on a commercial basis. For the purposes

2-10  of this subsection, a residential facility for groups, a halfway house

2-11  for recovering alcohol and drug abusers or a home for individual

2-12  residential care shall not be deemed to be a home that is operated on

2-13  a commercial basis for any purposes relating to building codes or

2-14  zoning.

2-15      3.  The Health Division of the Department of Human Resources

2-16  shall compile and maintain a registry of information relating to each

2-17  residential establishment that exists in this state and shall make

2-18  available for access on the Internet or its successor, if any, the

2-19  information contained in the registry. The registry must include with

2-20  respect to each residential establishment:

2-21      (a) The name of the owner of the establishment;

2-22      (b) The name of the administrator of the establishment;

2-23      (c) The address of the establishment; and

2-24      (d) The number of clients for which the establishment is

2-25  licensed.

2-26  Any department or agency of a county or city that becomes aware of

2-27  the existence of a residential establishment that is not included in the

2-28  registry shall transmit such information to the Health Division, as is

2-29  necessary, for inclusion in the registry within 30 days after obtaining

2-30  the information.

2-31      4.  The governing body of a county whose population is

2-32  100,000 or more or the governing body of a city in such a county or

2-33  any department or agency of the city or county shall approve the

2-34  first application submitted on or after July 1, 2000, to operate a

2-35  residential establishment within a particular neighborhood in the

2-36  jurisdiction of the governing body. If a subsequent application is

2-37  submitted to operate an additional residential establishment at a

2-38  location that is within the minimum distance established by the

2-39  governing body pursuant to this subsection from an existing

2-40  residential establishment, the governing body shall review the

2-41  application based on applicable zoning ordinances. The

2-42  requirements of this subsection do not require the relocation or

2-43  displacement of any residential establishment which existed before

2-44  July 1, 2001, from its location on that date. The provisions of this

2-45  subsection do not create or impose a presumption that the location

3-1  of more than one residential establishment within the minimum

3-2  distance of each other established by the governing body pursuant to

3-3  this subsection is inappropriate under all circumstances with respect

3-4  to the enforcement of zoning ordinances and regulations. For

3-5  purposes of this subsection, each governing body shall establish by

3-6  ordinance a minimum distance between residential establishments

3-7  that is at least 660 feet but not more than 1,500 feet.

3-8  5.  The governing body of a county or city shall not approve

3-9  an application to operate a halfway house for recovering alcohol

3-10  and drug abusers at a location that is within 1,500 feet of:

3-11      (a) A school;

3-12      (b) A park; or

3-13      (c) Any other place determined by the governing body to be a

3-14  place where children regularly congregate, which may include,

3-15  but is not limited to, a recreational center for youths as defined in

3-16  NRS 453.3345, a church, a Boys and Girls Club of America, a

3-17  child care facility or a library.

3-18  The requirements of this subsection do not require the relocation

3-19  or displacement of any halfway house for recovering alcohol and

3-20  drug abusers which existed before October 1, 2003, from its

3-21  location on that date.

3-22      6.  The governing body of a county or city shall not refuse to

3-23  issue a special use permit to a residential establishment that meets

3-24  local public health and safety standards.

3-25      [6.] 7. The provisions of this section must not be applied in any

3-26  manner which would result in a loss of money from the Federal

3-27  Government for programs relating to housing.

3-28      [7.] 8. As used in this section:

3-29      (a) “Halfway house for recovering alcohol and drug abusers”

3-30  has the meaning ascribed to it in NRS 449.008.

3-31      (b) “Home for individual residential care” has the meaning

3-32  ascribed to it in NRS 449.0105.

3-33      (c) “Person with a disability” means a person:

3-34          (1) With a physical or mental impairment that substantially

3-35  limits one or more of the major life activities of the person;

3-36          (2) With a record of such an impairment; or

3-37          (3) Who is regarded as having such an impairment.

3-38      (d) “Residential establishment” means a home for individual

3-39  residential care in a county whose population is 100,000 or more, a

3-40  halfway house for recovering alcohol and drug abusers or a

3-41  residential facility for groups.

3-42      (e) “Residential facility for groups” has the meaning ascribed to

3-43  it in NRS 449.017.

 

3-44  H