EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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

1-2 278.021 1. The [purpose] purposes of this section [is to remove] are

1-3 to:

1-4 (a) Remove obstacles imposed by zoning ordinances, declarations of

1-5 restrictions, deed restrictions, restrictive covenants and equitable servitudes

1-6 ; and

1-7 (b) Impede the concentration of group homes in a residential

1-8 neighborhood,

1-9 which prevent persons [who are mentally retarded] with disabilities from

1-10 living in normal residences [.] throughout the entire community.

1-11 2. In any ordinance adopted by a [city or county,] county or city, the

1-12 definition of "single-family residence" must include a [home in which six

1-13 or fewer unrelated persons who are mentally retarded reside with one or

1-14 two additional persons to act as house parents or guardians who need not be

1-15 related to each other or any of the mentally retarded persons who reside in

1-16 the house.

1-17 3. This section does] :

2-1 (a) Residential facility for groups in which six or fewer unrelated

2-2 persons with disabilities reside with:

2-3 (1) One or two additional persons who act as house parents or

2-4 guardians and who need not be related to any of the residents with

2-5 disabilities; and

2-6 (2) If applicable, one or two additional persons who are related to

2-7 the house parents or guardians within the second degree of consanguinity

2-8 or affinity.

2-9 (b) Home for individual residential care in which two or fewer

2-10 unrelated persons with disabilities reside with:

2-11 (1) One or two additional persons who act as house parents or

2-12 guardians and who need not be related to any of the residents with

2-13 disabilities; and

2-14 (2) If applicable, one or two additional persons who are related to

2-15 the house parents or guardians within the second degree of consanguinity

2-16 or affinity.

2-17 3. The provisions of subsection 2 do not prohibit a definition of

2-18 "single-family residence" which permits more persons to reside in the

2-19 house, nor does it prohibit regulation of homes which are operated on a

2-20 commercial basis. For the purposes of this subsection, a residential

2-21 facility for groups or a home for individual residential care shall not be

2-22 deemed to be a home that is operated on a commercial basis.

2-23 4. [For the purposes of subsection 1, a residence for mentally retarded

2-24 persons is not a commercial activity.] The governing body of a county or

2-25 city shall require each residential facility for groups located within its

2-26 jurisdiction to register with the governing body. The procedure adopted by

2-27 the governing body for this registration must be minimal and simple. The

2-28 form for registration must require the registrant to list:

2-29 (a) The name of the owner of the facility;

2-30 (b) The name of the administrator of the facility;

2-31 (c) The address of the facility;

2-32 (d) The number of clients residing in the facility; and

2-33 (e) Any other information deemed appropriate by the governing body.

2-34 5. The governing body shall maintain a registry of the information

2-35 provided pursuant to subsection 4. Each such registration must be valid

2-36 for 2 years. The facility shall notify the governing body of any change in

2-37 the listed information within 30 days after the change. The biennial fee

2-38 for registration, if any, must not exceed $25, and there must be no charge

2-39 for notifying the governing body of any change in the listed information.

2-40 6. The governing body of a county or city shall approve the first

2-41 request submitted on or after October 1, 1999, to locate a residential

2-42 facility for groups within a particular neighborhood in the jurisdiction of

2-43 the governing body. If, on or after October 1, 1999, permission is

3-1 requested to locate an additional residential facility for groups within 660

3-2 feet from an existing residential facility for groups, the governing body

3-3 shall review the application based on applicable zoning ordinances. The

3-4 requirements of this subsection do not require the relocation or

3-5 displacement of any facility for residential groups which existed before

3-6 October 1, 1999, from its location on that date.

3-7 7. The governing body of a county or city shall not:

3-8 (a) Require a special use permit for a residential facility for groups; or

3-9 (b) Authorize the operators of a residential facility for groups to allow

3-10 persons other than those specified in subsection 2 to reside at the facility.

3-11 8. As used in this section:

3-12 (a) "Home for individual residential care" has the meaning ascribed to

3-13 it in NRS 449.0105.

3-14 (b) "Person with a disability" means a person:

3-15 (1) With a physical or mental impairment that substantially limits

3-16 one or more of the major life activities of the person;

3-17 (2) With a record of such an impairment; or

3-18 (3) Who is regarded as having such an impairment.

3-19 (c) "Residential facility for groups" has the meaning ascribed to it in

3-20 NRS 449.017.

3-21 Sec. 2. NRS 449.017 is hereby amended to read as follows:

3-22 449.017 1. Except as otherwise provided in subsection 2, "residential