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 of this section is to remove obstacles

1-3 imposed by zoning ordinances, declarations of restrictions, deed

1-4 restrictions, restrictive covenants and equitable servitudes which prevent

1-5 persons who are mentally retarded from living in normal residences.

1-6 2.] In any ordinance adopted by a city or county, the definition of

1-7 "single-family residence" must include a [home in which six or fewer

1-8 unrelated persons who are mentally retarded reside with one or two

1-9 additional persons to act as house parents or guardians who need not be

1-10 related to each other or any of the mentally retarded persons who reside in

1-11 the house.

1-12 3. This section does] :

1-13 (a) Residential facility for groups in which six or fewer unrelated

1-14 persons with disabilities reside with:

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

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

2-3 disabilities; and

2-4 (2) If applicable, one or two additional persons who are related to

2-5 the house parents or guardians within the second degree of consanguinity

2-6 or affinity.

2-7 (b) Home for individual residential care in which two or fewer

2-8 unrelated persons with disabilities reside with:

2-9 (1) One or two additional persons who act as house parents or

2-10 guardians and who need not be related to any of the residents with

2-11 disabilities; and

2-12 (2) If applicable, one or two additional persons who are related to

2-13 the house parents or guardians within the second degree of consanguinity

2-14 or affinity.

2-15 2. The provisions of subsection 1 do not prohibit a definition of

2-16 "single-family residence" which permits more persons to reside in the

2-17 house, nor does it prohibit regulation of homes which are operated on a

2-18 commercial basis. For the purposes of this subsection, a residential

2-19 facility for groups or a home for individual residential care shall not be

2-20 deemed to be a home that is operated on a commercial basis for any

2-21 purposes relating to building codes or zoning.

2-22 [4. For the purposes of subsection 1, a residence for mentally retarded

2-23 persons is not a commercial activity.]

2-24 3. The health division of the department of human resources shall

2-25 compile and maintain a registry of information relating to each

2-26 residential facility for groups that exists in this state and shall make

2-27 available for access on the Internet or its successor, if any, the

2-28 information contained in the registry. The registry must include with

2-29 respect to each residential facility for groups:

2-30 (a) The name of the owner of the facility;

2-31 (b) The name of the administrator of the facility;

2-32 (c) The address of the facility; and

2-33 (d) The number of clients for which the facility is licensed.

2-34 Any department or agency of a county or city that becomes aware of the

2-35 existence of a residential facility for groups that is not included in the

2-36 registry shall transmit such information to the health division, as is

2-37 necessary, for inclusion in the registry within 30 days after obtaining the

2-38 information.

2-39 4. The governing body of a county whose population is 100,000 or

2-40 more or the governing body of a city in such a county or any department

2-41 or agency of the city or county shall approve the first application

2-42 submitted on or after October 1, 1999, to operate a residential facility for

2-43 groups within a particular neighborhood in the jurisdiction of the

3-1 governing body, including, without limitation, an application submitted as

3-2 a result of the change in ownership of a residential facility for groups. If,

3-3 on or after October 1, 1999, an application is submitted to operate a

3-4 residential facility for groups that is in addition to the residential facility

3-5 for groups that has been approved pursuant to paragraph (a) or (b) within

3-6 660 feet from an existing residential facility for groups, the governing

3-7 body shall review the application based on applicable zoning ordinances.

3-8 Except as a result of a change in ownership of a residential facility for

3-9 groups on or after October 1, 1999, the requirements of this subsection do

3-10 not require the relocation or displacement of any residential facility for

3-11 groups which existed before October 1, 1999, from its location on that

3-12 date. The provisions of this subsection do not create or impose a

3-13 presumption that the location of more than one residential facility for

3-14 groups within 660 feet of each other is inappropriate under all

3-15 circumstances with respect to the enforcement of zoning ordinances and

3-16 regulations.

3-17 5. The governing body of a county or city shall not:

3-18 (a) Require a special use permit for a residential facility for groups; or

3-19 (b) Authorize the operators of a residential facility for groups to allow

3-20 persons other than those specified in subsection 1 to reside at the facility.

3-21 6. The provisions of this section must not be applied in any manner

3-22 which would result in a loss of money from the Federal Government for

3-23 programs relating to housing.

3-24 7. As used in this section:

3-25 (a) "Home for individual residential care" has the meaning ascribed to

3-26 it in NRS 449.0105.

3-27 (b) "Person with a disability" means a person:

3-28 (1) With a physical or mental impairment that substantially limits

3-29 one or more of the major life activities of the person;

3-30 (2) With a record of such an impairment; or

3-31 (3) Who is regarded as having such an impairment.

3-32 (c) "Residential facility for groups" has the meaning ascribed to it in

3-33 NRS 449.017.

3-34 Sec. 2. NRS 449.017 is hereby amended to read as follows:

3-35 449.017 1. Except as otherwise provided in subsection 2, "residential

3-43 his own home;

4-1 (c) A natural person who provides care for one or more persons related

4-2 to him within the third degree of consanguinity or affinity; or

4-3 (d) A facility funded by the [welfare division or the mental hygiene and

4-4 mental retardation division of the] department of human resources [.] or

4-5 with which the department of human resources has contracted.

4-6 Sec. 3. This act becomes effective on January 1, 2000, for the purposes

4-7 of the compilation of the registry required pursuant to subsection 3 of NRS

4-8 278.021 as amended by section 1 of this act and on October 1, 1999, for all

4-9 other purposes.