Amendment No. 671

Assembly Amendment to Assembly Bill No. 62 (BDR 22-12)

Proposed by: Committee on Government Affairs

Amendment Box: Replaces Amendment No. 546.

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, by deleting lines 2 through 11 and inserting:

"278.021 1. [The purpose of this section is to remove obstacles imposed by zoning ordinances, declarations of restrictions, deed restrictions, restrictive covenants and equitable servitudes which prevent persons who are mentally retarded from living in normal residences.

2.] In any ordinance adopted by a city or county, the".

Amend section 1, page 2, line 17, by deleting:

"3. The provisions of subsection 2" and inserting:

"2. The provisions of subsection 1".

Amend section 1, pages 2 and 3, by deleting lines 22 through 43 on page 2 and lines 1 through 6 on page 3, and inserting:

"to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.

[4. For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.]

3. The health division of the department of human resources shall compile and maintain a registry of information relating to each residential facility for groups that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential facility for groups:

(a) The name of the owner of the facility;

(b) The name of the administrator of the facility;

(c) The address of the facility; and

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

Any department or agency of a county or city that becomes aware of the existence of a residential facility for groups that is not included in the registry shall transmit such information to the health division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.

4. The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after October 1, 1999, to operate a residential facility for groups within a particular neighborhood in the jurisdiction of the governing body, including, without limitation, an application submitted as a result of the change in ownership of a residential facility for groups. If, on or after October 1, 1999, an application is submitted to operate a residential facility for groups that is in addition to the residential facility for groups that has been approved pursuant to paragraph (a) or (b) within 660 feet from an existing residential facility for groups, the governing body shall review the application based on applicable zoning ordinances. Except as a result of a change in ownership of a residential facility for groups on or after October 1, 1999, the requirements of this subsection do not require the relocation or displacement of any residential facility for groups which existed before October 1, 1999, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential facility for groups within 660 feet of each other is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations.".

Amend section 1, page 3, line 7, by deleting "7." and inserting "5.".

Amend section 1, page 3, line 10, by deleting "2" and inserting "1".

Amend section 1, page 3, between lines 10 and 11, by inserting:

"6. The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.".

Amend section 1, page 3, line 11, by deleting "8." and inserting "7.".

Amend sec. 2, page 3, by deleting lines 33 and 34 and inserting:

"(d) A facility funded by the [welfare division or the mental hygiene and mental retardation division of the] department of human resources [.] or with which the department of human resources has contracted.".

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

"Sec. 3. This act becomes effective on January 1, 2000, for the purposes of the compilation of the registry required pursuant to subsection 3 of NRS 278.021 as amended by section 1 of this act and on October 1, 1999, for all other purposes.".

Amend the title of the bill, third line, by deleting "local governments" and inserting:

"the health division of the department of human resources".