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. Chapter 458 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. 1. No person, state or local government or agency thereof

1-4 may operate or maintain in this state a halfway house for alcohol and

1-5 drug abusers without first obtaining a certificate therefor from the

1-6 bureau.

1-7 2. A person who operates a halfway house for alcohol and drug

1-8 abusers without a certificate issued by the bureau is guilty of a

1-9 misdemeanor.

1-10 Sec. 3. Each certificate issued by the bureau to a halfway house for

1-11 alcohol and drug abusers expires on the first December 31 following its

1-12 issuance and is renewable for 1 year upon reapplication and payment of

1-13 a renewal fee established pursuant to NRS 458.025.

1-14 Sec. 4. The bureau may:

1-15 1. Upon receipt of an application for certification as a halfway house

1-16 for alcohol and drug abusers, conduct an investigation into the premises,

2-1 qualifications of personnel, methods of operation, policies and purposes

2-2 of any person proposing to engage in the operation of that halfway

2-3 house.

2-4 2. Upon receipt of a complaint against a halfway house for alcohol

2-5 and drug abusers, conduct an investigation into the premises,

2-6 qualification of personnel, methods of operation, policies, procedures

2-7 and records of that halfway house.

2-8 3. Inspect a halfway house for alcohol and drug abusers at any time,

2-9 with or without notice, as often as is necessary to ensure compliance with

2-10 all applicable regulations and standards adopted by the bureau.

2-11 Sec. 5. 1. If a halfway house for alcohol and drug abusers violates

2-12 any provisions related to its certification, including, without limitation,

2-13 any law of this state or any applicable condition, standard or regulation

2-14 adopted by the bureau, the bureau may:

2-15 (a) Suspend or revoke its certification; and

2-16 (b) Impose an administrative fine of not more than $1,000 per day for

2-17 each violation, together with interest thereon at a rate not to exceed 10

2-18 percent per annum.

2-19 2. If a halfway house for alcohol and drug abusers fails to pay an

2-20 administrative fine imposed pursuant to subsection 1, the bureau may:

2-21 (a) Suspend the certificate of the halfway house until the

2-22 administrative fine is paid; and

2-23 (b) Collect court costs, reasonable attorney’s fees and other costs

2-24 incurred to collect the administrative fine.

2-25 3. Any money collected as an administrative fine must be deposited

2-26 in the state general fund. If money is needed to pay the costs of an

2-27 investigation or inspection to carry out the provisions of sections 2 to 8,

2-28 inclusive, of this act, the bureau may present a claim to the state board of

2-29 examiners for recommendation to the interim finance committee.

2-30 Sec. 6. The bureau shall adopt such regulations as are necessary to

2-31 carry out the provisions of sections 2 to 8, inclusive, of this act.

2-32 Sec. 7. 1. The bureau may bring an action in the name of the state

2-33 to enjoin any person, state or local government or agency thereof from

2-34 operating or maintaining a halfway house for alcohol and drug abusers:

2-35 (a) Without first obtaining a certificate therefor; or

2-36 (b) After such a certificate has been revoked or suspended by the

2-37 bureau.

2-38 2. It is sufficient in such an action to allege that the defendant did,

2-39 on a certain date and in a certain place, operate and maintain such a

2-40 halfway house without a certificate.

3-1 Sec. 8. The district attorney of the county in which a halfway house

3-2 for alcohol and drug abusers is located shall, upon application by the

3-3 bureau, institute and conduct the prosecution of any action for the

3-4 violation of section 2 of this act.

3-5 Sec. 9. NRS 458.010 is hereby amended to read as follows:

3-6 458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 2

3-27 prevention and treatment, including mental and physical restoration, of

3-28 alcohol and drug abusers.

3-29 10. "Halfway house for alcohol and drug abusers" means a

3-30 residence that provides housing and a living environment for alcohol and

3-31 drug abusers and is operated to facilitate their reintegration into the

3-32 community, but does not provide treatment for alcohol or drug abuse.

3-33 The term does not include a facility for the treatment of abuse of alcohol

3-34 or drugs as defined in NRS 449.00455.

3-35 Sec. 10. NRS 458.025 is hereby amended to read as follows:

3-36 458.025 The bureau of alcohol and drug abuse is hereby created in the

3-43 and programs throughout the state.

4-1 (b) A plan for programs to educate the public in the problems of the

4-2 abuse of alcohol and other drugs.

4-3 (c) A survey of the need for trained teachers, persons who have

4-4 professional training in fields of health and others involved in the education

4-5 and prevention of alcohol and drug abuse and in the treatment and recovery

4-6 of alcohol and drug abusers, and a plan to provide the necessary
4-7 treatment.

4-8 In developing and revising the state plan, the bureau shall consider, among

4-9 other things, the amount of money available from the Federal Government

4-10 for alcohol and drug abuse programs and the conditions attached to the

4-11 acceptance of the money, and the limitations of legislative appropriations

4-12 for alcohol and drug abuse programs.

4-13 2. Is responsible for coordinating efforts to carry out the state plan and

4-14 coordinating all state and federal financial support of alcohol and drug

4-15 abuse programs in the state. The bureau must be consulted in the planning

4-16 of projects and advised of all applications for grants from within the state

4-17 which are concerned with alcohol and drug abuse programs, and shall

4-18 review and advise concerning the applications.

4-19 3. Shall develop and publish standards of certification and may certify

4-20 or deny certification of any halfway houses for alcohol and drug abusers,

4-21 facilities, programs or personnel on the basis of the standards, and publish a

4-22 list of certified halfway houses for alcohol and drug abusers, facilities,

4-23 programs and personnel. Any facilities, programs or personnel which are

4-24 not certified are ineligible to receive state and federal money for alcohol

4-25 and drug abuse programs. The chief [shall] :

4-26 (a) Shall establish requirements for continuing education for persons

4-27 certified as counselors and administrators of the programs ; and [may]

4-28 (b) May set fees for certification of halfway houses for alcohol and

4-29 drug abusers, facilities, programs or personnel. The fees must be

4-30 calculated to produce the revenue estimated to cover the costs related to the

4-31 certifications, but in no case may the fee for a certificate exceed [$100.] the

4-32 actual cost to the bureau of issuing the certificate.

4-33 4. Upon request from a facility which is self-supported, may certify the

4-34 facility, its programs and personnel and add them to the list of certified

4-35 facilities, programs and personnel.

4-36 Sec. 11. NRS 458.026 is hereby amended to read as follows:

4-37 458.026 1. An applicant for the issuance or renewal of his

4-42 must be completed and signed by the applicant.

5-1 2. The bureau shall include the statement required pursuant to

5-2 subsection 1 in:

5-3 (a) The application or any other forms that must be submitted for the

5-4 issuance or renewal of the certification; or

5-5 (b) A separate form prescribed by the bureau.

5-6 3. The certification of a person as personnel of an alcohol or drug

5-7 abuse program or a facility , or as the operator of a halfway house for

5-8 alcohol and drug abusers, may not be issued or renewed by the bureau if

5-9 the applicant:

5-10 (a) Fails to complete or submit the statement required pursuant to

5-11 subsection 1; or

5-12 (b) Indicates on the statement submitted pursuant to subsection 1 that he

5-13 is subject to a court order for the support of a child and is not in

5-14 compliance with the order or a plan approved by the district attorney or

5-15 other public agency enforcing the order for the repayment of the amount

5-16 owed pursuant to the order.

5-17 4. If an applicant indicates on the statement submitted pursuant to

5-18 subsection 1 that he is subject to a court order for the support of a child and

5-19 is not in compliance with the order or a plan approved by the district

5-20 attorney or other public agency enforcing the order for the repayment of the

5-21 amount owed pursuant to the order, the administrator shall advise the

5-22 applicant to contact the district attorney or other public agency enforcing

5-23 the order to determine the actions that the applicant may take to satisfy the

5-24 arrearage.

5-25 Sec. 12. NRS 458.027 is hereby amended to read as follows:

5-26 458.027 1. If the bureau receives a copy of a court order issued

5-42 by the district attorney or other public agency pursuant to NRS 425.550 to

6-1 the person whose certification was suspended stating that the person whose

6-2 certification was suspended has complied with the subpoena or warrant or

6-3 has satisfied the arrearage pursuant to NRS 425.560.

6-4 Sec. 13. NRS 458.028 is hereby amended to read as follows:

6-5 458.028 An application for the certification of personnel of an alcohol

6-8 number of the applicant.

6-9 Sec. 14. The amendatory provisions of this act do not apply to

6-10 offenses that were committed before January 1, 2000.

6-11 Sec. 15. This act becomes effective:

6-12 1. Upon passage and approval for the purpose of adopting regulations

6-13 and performing any other preparatory administrative tasks that are

6-14 necessary to carry out the provisions of this act; and

6-15 2. On January 1, 2000, for all other purposes.