Senate Bill No. 35–Senator Titus
Prefiled January 26, 1999
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Referred to Committee on Transportation
SUMMARY—Requires department of motor vehicles and public safety to issue expedited service permits that entitle certain persons with disabilities to expedited service from state agencies under certain circumstances. (BDR 38-805)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 426 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 9, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3 to 6,1-5
inclusive, of this act have the meanings ascribed to them in those sections.1-6
Sec. 3. "Department" means the department of motor vehicles and1-7
public safety.1-8
Sec. 4. "Expedited service permit" means a permit that:1-9
1. Is issued by the department pursuant to the provisions of section 71-10
of this act to a person with:1-11
(a) A disability which limits or impairs the ability to walk; or1-12
(b) A permanent disability; and1-13
2. Entitles the person to expedited service pursuant to the provisions1-14
of section 8 of this act.2-1
Sec. 5. "Person with a disability which limits or impairs the ability to2-2
walk" has the meaning ascribed to it in NRS 482.3835.2-3
Sec. 6. "Person with a permanent disability" means a person:2-4
1. With a disability which limits or impairs the ability to walk; and2-5
2. Whose disability has been certified by a licensed physician as2-6
irreversible.2-7
Sec. 7. 1. A person with a disability which limits or impairs the2-8
ability to walk or a permanent disability may apply to the department for2-9
a permit. The application must:2-10
(a) Be submitted on a form approved by the department; and2-11
(b) Include a statement from a licensed physician certifying that the2-12
applicant is a person with:2-13
(1) A disability which limits or impairs the ability to walk; or2-14
(2) A permanent disability.2-15
2. Upon receipt of a completed application pursuant to subsection 12-16
and the payment of any required fee, the department shall issue a permit2-17
to the applicant. The permit must:2-18
(a) Set forth the name and address of the person to whom it is issued;2-19
(b) Include a colored photograph of the applicant and the2-20
international symbol of access which must be white on a blue2-21
background;2-22
(c) Unless the permit is issued to a person with a permanent disability,2-23
specify the date upon which the permit expires;2-24
(d) Include any other information the department may require; and2-25
(e) Be the same size as a driver’s license issued by the department2-26
pursuant to the provisions of chapter 483 of NRS.2-27
3. Except for a permit issued to a person who has a permanent2-28
disability, a permit is valid for 6 months or for the period for which a2-29
physician has certified that the person to whom the permit is issued has a2-30
disability which limits or impairs the ability to walk, whichever is less.2-31
4. The department may:2-32
(a) At any time review its determination of whether a holder of a2-33
permit is eligible for issuance of the permit pursuant to the provisions of2-34
this section. If the department determines that a holder of a permit is not2-35
eligible for issuance of the permit, the department shall notify the person2-36
of that fact in writing. Upon receipt of the notice, the holder shall, as soon2-37
as practicable, surrender the permit to the department.2-38
(b) Charge a fee for the issuance of a permit pursuant to the provisions2-39
of this section.2-40
(c) Adopt regulations necessary to carry out the provisions of sections2-41
2 to 9, inclusive, of this act.2-42
Sec. 8. 1. A person to whom a permit is issued pursuant to the2-43
provisions of section 7 of this act, or a person who is assisting him, may3-1
present the permit to any officer or employee of a state agency who is, at3-2
the time the permit is presented to him, providing any services of the3-3
agency to the public. The permit must be presented during the regular3-4
business hours of the agency.3-5
2. Upon presentation of the permit, the officer or employee to whom3-6
the permit is presented shall, before serving any other person who is3-7
waiting to receive services, serve or otherwise accommodate the person to3-8
whom the permit is issued.3-9
Sec. 9. 1. It is unlawful for a person, other than a person to whom3-10
a permit is issued pursuant to the provisions of section 7 of this act, to use3-11
or attempt to use a permit to obtain services from a state agency pursuant3-12
to the provisions of section 8 of this act.3-13
2. A person who violates a provision of this subsection is guilty of a3-14
misdemeanor.3-15
Sec. 10. NRS 426.800 is hereby amended to read as follows: 426.800 1.3-17
this act, if a person knowingly obtains or attempts to obtain, or aids or abets3-18
any person to obtain by means of a willfully false statement or3-19
representation or by impersonation, or other fraudulent device, services to3-20
which he is not entitled, or services greater than those to which he is3-21
entitled, with the intent to defeat the purposes of this chapter, is guilty of a3-22
gross misdemeanor.3-23
2. For the purposes of subsection 1,3-24
services3-25
overpayment for the third time and the overpayments have resulted from a3-26
false statement or representation by the recipient or from the failure of the3-27
recipient to notify the bureau of a change in his circumstances which would3-28
affect the amount of services he receives, a rebuttable presumption arises3-29
that the payment was fraudulently received.3-30
Sec. 11. NRS 481.023 is hereby amended to read as follows: 481.023 Except as otherwise provided therein, the department shall3-32
execute, administer and enforce, and perform the functions and duties3-33
provided in:3-34
1. Title 43 of NRS relating to vehicles.3-35
2. Chapter 706 of NRS relating to licensing of motor vehicle carriers3-36
and the use of public highways by those carriers.3-37
3. Chapter 366 of NRS relating to imposition and collection of taxes on3-38
special fuels used for motor vehicles.3-39
4. Chapter 453 of NRS relating to controlled substances and chapter3-40
454 of NRS relating to dangerous drugs.3-41
5. Chapter 459 of NRS relating to the transportation of hazardous3-42
materials.3-43
6. Chapter 414 of NRS relating to emergency management.4-1
7. Chapter 477 of NRS relating to the state fire marshal.4-2
8. Chapters 176A and 213 of NRS relating to parole and probation.4-3
9. The provisions of sections 2 to 9, inclusive, of this act.4-4
Sec. 12. Each county, city or other local government in this state is4-5
hereby encouraged to require each officer or employee of that local4-6
government to provide services in the manner prescribed in sections 2 to 9,4-7
inclusive, of this act, to any person who presents to the officer or employee4-8
an expedited services permit issued pursuant to those sections.4-9
Sec. 13. The amendatory provisions of this act do not apply to offenses4-10
that are committed before October 1, 1999.~