AB395_EN

Assembly Bill No. 395–Assemblymen Oceguera, Giunchigliani, McClain, Parks, Freeman, Goldwater, Koivisto, Manendo and Price

Joint Sponsors: Senators O’Donnell,
O’Connell, Care and Titus

CHAPTER..........

AN ACT relating to land use planning; revising the provisions governing the authority of a city or county to control the location of certain residential facilities; changing the statutory name of “halfway house for alcohol and drug abusers”; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

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

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

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

persons with disabilities reside with:

(1) House parents or guardians who need not be related to any of the

persons with disabilities; and

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

parents or guardians within the third degree of consanguinity or affinity.

(b) Home for individual residential care.

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

“single-family residence” which permits more persons to reside in [the

house,]a residential facility for groups, nor does it prohibit regulation of

homes which are operated on a commercial basis. For the purposes of this

subsection, a residential facility for groups , a halfway house for

recovering alcohol and drug abusers or a home for individual residential

care shall not be deemed to be a home that is operated on a commercial

basis for any purposes relating to building codes or zoning.

3. The health division of the department of human resources shall

compile and maintain a registry of information relating to each residential

establishment 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

establishment:

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

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

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

licensed.

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

existence of a residential establishment 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 July 1, 2000, to operate a residential establishment within a

particular neighborhood in the jurisdiction of the governing body. If[, on

or after July 1, 2000,] a subsequent application is submitted to operate an

additional residential establishment at a location that is within [660 feet]

the minimum distance established by the governing body pursuant to this

subsection from an existing residential establishment, the governing body

shall review the application based on applicable zoning ordinances. The

requirements of this subsection do not require the relocation or

displacement of any residential establishment which existed before [July 1,

2000,] the effective date of this act 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 establishment within [660 feet] the

minimum distance of each other established by the governing body

pursuant to this subsection is inappropriate under all circumstances with

respect to the enforcement of zoning ordinances and regulations. For

purposes of this subsection, each governing body shall establish by

ordinance a minimum distance between residential establishments that is

at least 660 feet but not more than 1,500 feet.

5. The governing body of a county or city shall not refuse to issue a

special use permit to a residential establishment that meets local public

health and safety standards.

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.

7. As used in this section:

(a) “Halfway house for recovering alcohol and drug abusers” has the

meaning ascribed to it in NRS 458.010.

(b) “Home for individual residential care” has the meaning ascribed to it

in NRS 449.0105.

[(b)] (c) “Person with a disability” means a person:

(1) With a physical or mental impairment that substantially limits one

or more of the major life activities of the person;

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

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

[(c)] (d) “Residential establishment” means a home for individual

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

halfway house for recovering alcohol and drug abusers or a residential

facility for groups.

[(d)] (e) “Residential facility for groups” has the meaning ascribed to it

in NRS 449.017.

Sec. 2. NRS 458.010 is hereby amended to read as follows:

458.010 As used in NRS 458.010 to 458.350, inclusive, unless the

context requires otherwise:

1. “Administrator” means the administrator of the health division.

2. “Alcohol and drug abuse program” means a project concerned with

education, prevention and treatment directed toward achieving the mental

and physical restoration of alcohol and drug abusers.

3. “Alcohol and drug abuser” means a person whose consumption of

alcohol or other drugs, or any combination thereof, interferes with or

adversely affects his ability to function socially or economically.

4. “Alcoholic” means any person who habitually uses alcoholic

beverages to the extent that he endangers the health, safety or welfare of

himself or any other person or group of persons.

5. “Board” means the state board of health.

6. “Civil protective custody” means a custodial placement of a person

to protect his health or safety. Civil protective custody does not have any

criminal implication.

7. “Detoxification technician” means a person who is certified by the

health division to provide screening for the safe withdrawal from alcohol

and other drugs.

8. “Facility” means a physical structure used for the education,

prevention and treatment, including mental and physical restoration, of

alcohol and drug abusers.

9. “Halfway house for recovering alcohol and drug abusers” means a

residence that provides housing and a living environment for alcohol and

drug abusers and is operated to facilitate their reintegration into the

community, but does not provide treatment for alcohol or drug abuse. The

term does not include a facility for the treatment of abuse of alcohol or

drugs as defined in NRS 449.00455.

10. “Health division” means the health division of the department of

human resources.

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

458.025 The health division:

1. Shall formulate and operate a comprehensive state plan for alcohol

and drug abuse programs which must include:

(a) A survey of the need for prevention and treatment of alcohol and

drug abuse, including a survey of the facilities needed to provide services

and a plan for the development and distribution of services and programs

throughout this state.

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

abuse of alcohol and other drugs.

fields of health and other persons involved in the prevention of alcohol and

drug abuse and in the treatment and recovery of alcohol and drug abusers,

and a plan to provide the necessary treatment.

In developing and revising the state plan, the health division shall consider,

without limitation, the amount of money available from the Federal

Government for alcohol and drug abuse programs and the conditions

attached to the acceptance of that money, and the limitations of legislative

appropriations for alcohol and drug abuse programs.

2. Shall coordinate the efforts to carry out the state plan and coordinate

all state and federal financial support of alcohol and drug abuse programs

in this state.

3. Must be consulted in the planning of projects and advised of all

applications for grants from within this state which are concerned with

alcohol and drug abuse programs, and shall review the applications and

advise the applicants concerning the applications.

4. Shall certify or deny certification of any halfway houses for

recovering alcohol and drug abusers, detoxification technicians or any

facilities or programs on the basis of the standardsestablished by the board

pursuant to this section, and publish a list of certified halfway houses for

recovering alcohol and drug abusers, detoxification technicians, facilities

and programs. Any halfway houses for recovering alcohol and drug

abusers, detoxification technicians, facilities or programs which are not

certified are ineligible to receive state and federal money for alcohol and

drug abuse programs. The board shall adopt regulations. The regulations:

(a) Must prescribe the standards for certification of halfway houses for

recovering alcohol and drug abusers, facilities and programs;

(b) Must prescribe the requirements for continuing education for

persons certified as detoxification technicians; and

recovering alcohol and drug abusers, detoxification technicians, facilities

or programs. A fee prescribed pursuant to this paragraph must be

calculated to produce the revenue estimated to cover the costs related to the

certifications, but in no case may a fee for a certificate exceed the actual

cost to the health division of issuing the certificate.

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

facility, its programs and detoxification technicians and add them to the list

described in subsection 4.

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

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

certification as a detoxification technician or as the operator of a halfway

house for recovering alcohol and drug abusers must submit to the health

division the statement prescribed by the welfare division of the department

of human resources pursuant to NRS 425.520. The statement must be

completed and signed by the applicant.

2. The health division shall include the statement required pursuant to

subsection 1 in:

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

issuance or renewal of the certification; or

(b) A separate form prescribed by the health division.

3. The certification of a person as a detoxification technician or as the

operator of a halfway house for recovering alcohol and drug abusers may

not be issued or renewed by the health division if the applicant:

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

subsection 1; or

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

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

compliance with the order or a plan approved by the district attorney or

other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

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

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

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

attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order, the administrator shall advise the

applicant to contact the district attorney or other public agency enforcing

the order to determine the actions that the applicant may take to satisfy the

arrearage.

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

458.027 1. If the health divisionreceives a copy of a court order

issued pursuant to NRS 425.540 that provides for the suspension of all

professional, occupational and recreational licenses, certificates and

permits issued to a person who has been certified as a detoxification

technician or as the operator of a halfway house for recovering alcohol and

drug abusers, the health division shall deem the certification to be

suspended at the end of the 30th day after the date on which the court order

was issued unless the health division receives a letter issued by the district

attorney or other public agency pursuant to NRS 425.550 to the person

who has been certified stating that the person has complied with the

subpoena or warrant or has satisfied the arrearage pursuant to NRS

425.560.

2. The health division shall reinstate the certification of a person as a

detoxification technician or as the operator of a halfway house for

recovering alcohol and drug abusers that has been suspended by a district

court pursuant to NRS 425.540 if the health division receives a letter issued

by the letter issued by the district attorney or other public agency pursuant

to NRS 425.550 to the person whose certification was suspended stating

that the person whose certification was suspended has complied with the

subpoena or warrant or has satisfied the arrearage pursuant to NRS

425.560.

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

458.028 An application for the certification of a detoxification

technician or as the operator of a halfway house for recovering alcohol and

drug abusers, must include the social security number of the applicant.

Sec. 7. NRS 458.141 is hereby amended to read as follows:

458.141 1. No person, state or local government or agency thereof

may operate or maintain in this state a halfway house for recovering

alcohol and drug abusers without first obtaining a certificate therefor from

the health division.

2. A person who operates a halfway house for recovering alcohol and

drug abusers without a certificate issued by the health division is guilty of a

misdemeanor.

Sec. 8. NRS 458.145 is hereby amended to read as follows:

458.145 Each certificate issued by the health division to a halfway

house for recovering alcohol and drug abusers expires on the December 31

following its issuance and is renewable for 1 year upon reapplication and

payment of a renewal fee established pursuant to NRS 458.025.

Sec. 9. NRS 458.151 is hereby amended to read as follows:

458.151 The health division may:

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

for recovering alcohol and drug abusers, conduct an investigation into the

premises, qualifications of personnel, methods of operation, policies and

purposes of any person proposing to engage in the operation of that

halfway house.

2. Upon receipt of a complaint against a halfway house for recovering

alcohol and drug abusers, conduct an investigation into the premises,

qualification of personnel, methods of operation, policies, procedures and

records of that halfway house.

3. Inspect a halfway house for recovering alcohol and drug abusers at

any time, with or without notice, as often as is necessary to ensure

compliance with all applicable regulations and standards adopted by the

board.

Sec. 10. NRS 458.155 is hereby amended to read as follows:

458.155 1. If a halfway house for recovering alcohol and drug

abusers violates any provisions related to its certification, including,

without limitation, any law of this state or any applicable condition,

standard or regulation adopted by the board, the health division may:

(a) Suspend or revoke its certification; and

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

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

percent per annum.

2. If a halfway house for recovering alcohol and drug abusers fails to

pay an administrative fine imposed pursuant to subsection 1, the health

division may:

(a) Suspend the certificate of the halfway house until the administrative

fine is paid; and

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

incurred to collect the administrative fine.

3. Any money collected as an administrative fine must be deposited in

the state general fund. If money is needed to pay the costs of an

investigation or inspection to carry out the provisions of NRS 458.141 to

458.171, inclusive, the health division may present a claim to the state

board of examiners for recommendation to the interim finance committee.

Sec. 11. NRS 458.165 is hereby amended to read as follows:

458.165 1. The health division may bring an action in the name of

the state to enjoin any person, state or local government or agency thereof

from operating or maintaining a halfway house for recovering alcohol and

drug abusers:

(a) Without first obtaining a certificate therefor from the health division;

(b) After such a certificate has been revoked or suspended by the health

division.

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

certain date and in a certain place, operate and maintain such a halfway

house without a certificate.

Sec. 12. NRS 458.171 is hereby amended to read as follows:

458.171 The district attorney of the county in which a halfway house

for recovering alcohol and drug abusers is located shall, upon application

by the health division, institute and conduct the prosecution of any action

for the violation of NRS 458.141.

Sec. 13. 1. This section and sections 7 to 12, inclusive, and 14 of

this act become effective on July 1, 2001.

2. Sections 1 to 6, inclusive, of this act become effective at 12:01 a.m.

on July 1, 2001.

Sec. 14. The legislative counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised

Statutes, with respect to any section which is not amended by this act or is

further amended by another act, appropriately change any references to a

halfway house for alcohol and drug abusers to a halfway house for

recovering alcohol and drug abusers.

2. In preparing supplements to the Nevada Administrative Code,

appropriately change any references to a halfway house for alcohol and

drug abusers to a halfway house for recovering alcohol and drug abusers.

²⁰~~~~~⁰¹