Senate Bill No. 236–Senator Titus

 

March 4, 2003

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Joint Sponsor: Assemblywoman Giunchigliani

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to location of halfway houses for recovering alcohol and drug abusers. (BDR 22‑90)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to halfway houses for recovering alcohol and drug abusers; providing that halfway houses for recovering alcohol and drug abusers may not be located within 500 yards of a school, park or other location at which children normally congregate; providing that existing halfway houses for recovering alcohol and drug abusers need not be relocated or displaced; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  278.021  1.  In any ordinance adopted by a city or county, the

1-3  definition of “single-family residence” must include a:

1-4  (a) Residential facility for groups in which 10 or fewer unrelated

1-5  persons with disabilities reside with:

1-6       (1) House parents or guardians who need not be related to

1-7  any of the persons with disabilities; and

1-8       (2) If applicable, additional persons who are related to the

1-9  house parents or guardians within the third degree of consanguinity

1-10  or affinity.

2-1  (b) Home for individual residential care.

2-2  (c) Halfway house for recovering alcohol and drug abusers.

2-3  2.  The provisions of subsection 1 do not prohibit a definition of

2-4  “single-family residence” which permits more persons to reside in a

2-5  residential facility for groups, nor does it prohibit regulation of

2-6  homes which are operated on a commercial basis. For the purposes

2-7  of this subsection, a residential facility for groups, a halfway house

2-8  for recovering alcohol and drug abusers or a home for individual

2-9  residential care shall not be deemed to be a home that is operated on

2-10  a commercial basis for any purposes relating to building codes or

2-11  zoning.

2-12      3.  The Health Division of the Department of Human Resources

2-13  shall compile and maintain a registry of information relating to each

2-14  residential establishment that exists in this state and shall make

2-15  available for access on the Internet or its successor, if any, the

2-16  information contained in the registry. The registry must include with

2-17  respect to each residential establishment:

2-18      (a) The name of the owner of the establishment;

2-19      (b) The name of the administrator of the establishment;

2-20      (c) The address of the establishment; and

2-21      (d) The number of clients for which the establishment is

2-22  licensed.

2-23  Any department or agency of a county or city that becomes aware of

2-24  the existence of a residential establishment that is not included in the

2-25  registry shall transmit such information to the Health Division, as is

2-26  necessary, for inclusion in the registry within 30 days after obtaining

2-27  the information.

2-28      4.  The governing body of a county whose population is

2-29  100,000 or more or the governing body of a city in such a county or

2-30  any department or agency of the city or county shall approve the

2-31  first application submitted on or after July 1, 2000, to operate a

2-32  residential establishment within a particular neighborhood in the

2-33  jurisdiction of the governing body. If a subsequent application is

2-34  submitted to operate an additional residential establishment at a

2-35  location that is within the minimum distance established by the

2-36  governing body pursuant to this subsection from an existing

2-37  residential establishment, the governing body shall review the

2-38  application based on applicable zoning ordinances. The

2-39  requirements of this subsection do not require the relocation or

2-40  displacement of any residential establishment which existed before

2-41  July 1, 2001, from its location on that date. The provisions of this

2-42  subsection do not create or impose a presumption that the location

2-43  of more than one residential establishment within the minimum

2-44  distance of each other established by the governing body pursuant to

2-45  this subsection is inappropriate under all circumstances with respect

3-1  to the enforcement of zoning ordinances and regulations. For

3-2  purposes of this subsection, each governing body shall establish by

3-3  ordinance a minimum distance between residential establishments

3-4  that is at least 660 feet but not more than 1,500 feet.

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

3-6  an application to operate a halfway house for recovering alcohol

3-7  and drug abusers at a location that is within 500 yards of:

3-8  (a) A school;

3-9  (b) A park; or

3-10      (c) Any other public place at which children normally

3-11  congregate.

3-12  The requirements of this subsection do not require the relocation

3-13  or displacement of any halfway house for recovering alcohol and

3-14  drug abusers which existed before October 1, 2003, from its

3-15  location on that date.

3-16      6.  The governing body of a county or city shall not refuse to

3-17  issue a special use permit to a residential establishment that meets

3-18  local public health and safety standards.

3-19      [6.] 7. The provisions of this section must not be applied in any

3-20  manner which would result in a loss of money from the Federal

3-21  Government for programs relating to housing.

3-22      [7.] 8. As used in this section:

3-23      (a) “Halfway house for recovering alcohol and drug abusers”

3-24  has the meaning ascribed to it in NRS 449.008.

3-25      (b) “Home for individual residential care” has the meaning

3-26  ascribed to it in NRS 449.0105.

3-27      (c) “Person with a disability” means a person:

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

3-29  limits 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      (d) “Residential establishment” means a home for individual

3-33  residential care in a county whose population is 100,000 or more, a

3-34  halfway house for recovering alcohol and drug abusers or a

3-35  residential facility for groups.

3-36      (e) “Residential facility for groups” has the meaning ascribed to

3-37  it in NRS 449.017.

 

3-38  H