1. Senate Bill No. 35–Senator Titus

CHAPTER........

AN ACT relating to disabled persons; requiring the department of motor vehicles and public

safety to issue expedited service permits to certain persons with disabilities that

entitle those persons to expedited service from state agencies under certain

circumstances; prohibiting unauthorized persons from using or attempting to use

such a permit to obtain services from those agencies; providing a penalty; 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. Chapter 426 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 9, inclusive, of this act.

Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the

context otherwise requires, the words and terms defined in sections 3 to 6,

inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. "Department" means the department of motor vehicles and

public safety.

Sec. 4. "Expedited service permit" means a permit that:

1. Is issued by the department pursuant to the provisions of section 7

of this act to a person with a permanent disability; and

2. Entitles the person to expedited service pursuant to the provisions

of section 8 of this act.

Sec. 5. (Deleted by amendment.)

Sec. 6. "Person with a permanent disability" means a person:

1. With a disability which limits or impairs the ability to walk, as

defined in NRS 482.3835; and

2. Whose disability has been certified by a licensed physician as

irreversible.

Sec. 7. 1. A person with a permanent disability may apply to the

department for an expedited service permit. The application must:

(a) Be submitted on a form approved by the department; and

(b) Include a statement from a licensed physician certifying that the

applicant is a person with a permanent disability.

2. Upon receipt of a completed application pursuant to subsection 1

and the payment of any required fee, the department shall issue a permit

to the applicant. The permit must:

(a) Set forth the name and address of the person to whom it is issued;

(b) Include a colored photograph of the applicant and the

international symbol of access which must be white on a blue

background;

(c) Include any other information the department may require; and

(d) Be the same size as a driver’s license issued by the department

pursuant to the provisions of chapter 483 of NRS.

3. A permit is valid for 2 years after the date of issuance

.

4. The department may:

(a) At any time review its determination of whether a holder of a

permit is eligible for issuance of the permit pursuant to the provisions of

this section. If the department determines that a holder of a permit is not

eligible for issuance of the permit, the department shall notify the person

of that fact in writing. Upon receipt of the notice, the holder shall, as soon

as practicable, surrender the permit to the department.

(b) Charge a fee for the issuance of a permit pursuant to the provisions

of this section.

(c) Adopt regulations necessary to carry out the provisions of sections

2 to 9, inclusive, of this act.

Sec. 8. 1. A person to whom an expedited service permit is issued

pursuant to the provisions of section 7 of this act, or a person who is

assisting him, may present the permit to any officer or employee of a state

agency who is, at the time the permit is presented to him, providing any

services of the agency to the public. The permit must be presented during

the regular business hours of the agency.

2. Upon presentation of the permit, the officer or employee to whom

the permit is presented shall, before serving any other person who is

waiting to receive services, serve or otherwise accommodate the person to

whom the permit is issued.

Sec. 9. 1. It is unlawful for a person, other than a person to whom

an expedited service permit is issued pursuant to the provisions of section

7 of this act, to use or attempt to use such a permit to obtain services from

a state agency pursuant to the provisions of section 8 of this act.

2. A person who violates a provision of this subsection is guilty of a

misdemeanor.

Sec. 10. NRS 426.800 is hereby amended to read as follows:

  1. 426.800 1. [Whoever] Except as otherwise provided in section 9 of
  1. this act, if a person knowingly obtains or attempts to obtain, or aids or abets
  1. any person to obtain by means of a willfully false statement or
  1. representation or by impersonation, or other fraudulent device, services to
  1. which he is not entitled, or services greater than those to which he is
  1. entitled, with the intent to defeat the purposes of this chapter, is guilty of a
  1. gross misdemeanor.
  1. 2. For the purposes of subsection 1, [whenever] if a recipient of
  1. services [under] pursuant to the provisions of this chapter receives an
  1. overpayment for the third time and the overpayments have resulted from a
  1. false statement or representation by the recipient or from the failure of the
  1. recipient to notify the bureau of a change in his circumstances which would
  1. affect the amount of services he receives, a rebuttable presumption arises
  1. that the payment was fraudulently received.

Sec. 11. NRS 481.023 is hereby amended to read as follows:

  1. 481.023 Except as otherwise provided therein, the department shall
  1. execute, administer and enforce, and perform the functions and duties
  1. provided in:
  2. 1. Title 43 of NRS relating to vehicles.
  1. 2. Chapter 706 of NRS relating to licensing of motor vehicle carriers
  1. and the use of public highways by those carriers.
  1. 3. Chapter 366 of NRS relating to imposition and collection of taxes on
  1. special fuels used for motor vehicles.
  1. 4. Chapter 453 of NRS relating to controlled substances and chapter
  1. 454 of NRS relating to dangerous drugs.
  1. 5. Chapter 459 of NRS relating to the transportation of hazardous
  1. materials.
  1. 6. Chapter 414 of NRS relating to emergency management.
  1. 7. Chapter 477 of NRS relating to the state fire marshal.
  1. 8. Chapters 176A and 213 of NRS relating to parole and probation.
  1. 9. The provisions of sections 2 to 9, inclusive, of this act.

Sec. 12. Each county, city or other local government in this state is

hereby encouraged to require each officer or employee of that local

government to provide services in the manner prescribed in sections 2 to 9,

inclusive, of this act, to any person who presents to the officer or employee

an expedited service permit issued pursuant to those sections.

Sec. 13. The amendatory provisions of this act do not apply to offenses

that were committed before July 1, 2000.

Sec. 14. This act becomes effective on July 1, 1999, for the purpose of

adopting regulations by the department of motor vehicles and public safety

that are necessary to carry out the provisions of sections 2 to 9, inclusive, of

this act and on July 1, 2000, for all other purposes.

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