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 [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).

 

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:

1-1 Section 1. Chapter 426 of NRS is hereby amended by adding thereto

1-2 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 the

1-4 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 and

1-7 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 7

1-10 of this act to a person with a permanent disability; and

1-11 2. Entitles the person to expedited service pursuant to the provisions

1-12 of section 8 of this act.

1-13 Sec. 5. (Deleted by amendment.)

2-1 Sec. 6. "Person with a permanent disability" means a person:

2-2 1. With a disability which limits or impairs the ability to walk, as

2-3 defined in NRS 482.3835; and

2-4 2. Whose disability has been certified by a licensed physician as

2-5 irreversible.

2-6 Sec. 7. 1. A person with a permanent disability may apply to the

2-7 department for an expedited service permit. The application must:

2-8 (a) Be submitted on a form approved by the department; and

2-9 (b) Include a statement from a licensed physician certifying that the

2-10 applicant is a person with a permanent disability.

2-11 2. Upon receipt of a completed application pursuant to subsection 1

2-12 and the payment of any required fee, the department shall issue a permit

2-13 to the applicant. The permit must:

2-14 (a) Set forth the name and address of the person to whom it is issued;

2-15 (b) Include a colored photograph of the applicant and the

2-16 international symbol of access which must be white on a blue

2-17 background;

2-18 (c) Include any other information the department may require; and

2-19 (d) Be the same size as a driver’s license issued by the department

2-20 pursuant to the provisions of chapter 483 of NRS.

2-21 3. A permit is valid for the period for which a physician has certified

2-22 that the person to whom the permit is issued has a disability which limits

2-23 or impairs the ability to walk.

2-24 4. The department may:

2-25 (a) At any time review its determination of whether a holder of a

2-26 permit is eligible for issuance of the permit pursuant to the provisions of

2-27 this section. If the department determines that a holder of a permit is not

2-28 eligible for issuance of the permit, the department shall notify the person

2-29 of that fact in writing. Upon receipt of the notice, the holder shall, as soon

2-30 as practicable, surrender the permit to the department.

2-31 (b) Charge a fee for the issuance of a permit pursuant to the provisions

2-32 of this section.

2-33 (c) Adopt regulations necessary to carry out the provisions of sections

2-34 2 to 9, inclusive, of this act.

2-35 Sec. 8. 1. A person to whom an expedited service permit is issued

2-36 pursuant to the provisions of section 7 of this act, or a person who is

2-37 assisting him, may present the permit to any officer or employee of a state

2-38 agency who is, at the time the permit is presented to him, providing any

2-39 services of the agency to the public. The permit must be presented during

2-40 the regular business hours of the agency.

2-41 2. Upon presentation of the permit, the officer or employee to whom

2-42 the permit is presented shall, before serving any other person who is

3-1 waiting to receive services, serve or otherwise accommodate the person to

3-2 whom the permit is issued.

3-3 Sec. 9. 1. It is unlawful for a person, other than a person to whom

3-4 an expedited service permit is issued pursuant to the provisions of section

3-5 7 of this act, to use or attempt to use such a permit to obtain services from

3-6 a state agency pursuant to the provisions of section 8 of this act.

3-7 2. A person who violates a provision of this subsection is guilty of a

3-8 misdemeanor.

3-9 Sec. 10. NRS 426.800 is hereby amended to read as follows:

3-10 426.800 1. [Whoever] Except as otherwise provided in section 9 of

3-11 this act, if a person knowingly obtains or attempts to obtain, or aids or abets

3-12 any person to obtain by means of a willfully false statement or

3-13 representation or by impersonation, or other fraudulent device, services to

3-14 which he is not entitled, or services greater than those to which he is

3-15 entitled, with the intent to defeat the purposes of this chapter, is guilty of a

3-16 gross misdemeanor.

3-17 2. For the purposes of subsection 1, [whenever] if a recipient of

3-18 services [under] pursuant to the provisions of this chapter receives an

3-19 overpayment for the third time and the overpayments have resulted from a

3-20 false statement or representation by the recipient or from the failure of the

3-21 recipient to notify the bureau of a change in his circumstances which would

3-22 affect the amount of services he receives, a rebuttable presumption arises

3-23 that the payment was fraudulently received.

3-24 Sec. 11. NRS 481.023 is hereby amended to read as follows:

3-25 481.023 Except as otherwise provided therein, the department shall

3-26 execute, administer and enforce, and perform the functions and duties

3-27 provided in:

3-28 1. Title 43 of NRS relating to vehicles.

3-29 2. Chapter 706 of NRS relating to licensing of motor vehicle carriers

3-30 and the use of public highways by those carriers.

3-31 3. Chapter 366 of NRS relating to imposition and collection of taxes on

3-32 special fuels used for motor vehicles.

3-33 4. Chapter 453 of NRS relating to controlled substances and chapter

3-34 454 of NRS relating to dangerous drugs.

3-35 5. Chapter 459 of NRS relating to the transportation of hazardous

3-36 materials.

3-37 6. Chapter 414 of NRS relating to emergency management.

3-38 7. Chapter 477 of NRS relating to the state fire marshal.

3-39 8. Chapters 176A and 213 of NRS relating to parole and probation.

3-40 9. The provisions of sections 2 to 9, inclusive, of this act.

3-41 Sec. 12. Each county, city or other local government in this state is

3-42 hereby encouraged to require each officer or employee of that local

3-43 government to provide services in the manner prescribed in sections 2 to 9,

4-1 inclusive, of this act, to any person who presents to the officer or employee

4-2 an expedited service permit issued pursuant to those sections.

4-3 Sec. 13. The amendatory provisions of this act do not apply to offenses

4-4 that are committed before October 1, 1999.

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