Amendment No. 196

 

Assembly Amendment to Assembly Bill No. 332                                                                    (BDR 38‑1)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will REMOVE the 2/3s majority vote requirement from AB332.

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, line 2, by deleting “9,” and inserting “8,”.

     Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

     “Sec. 2. “Disability” means, with respect to a person:

     1.  A physical or mental impairment that substantially limits one or more of the major life activities of the person;

     2.  A record of such an impairment; or

     3.  Being regarded as having such an impairment. 

     Sec. 3.  “Service animal in training” means an animal that is being trained to assist or accommodate a person with a disability.”.

     Amend sec. 5, page 2, line 33, by deleting “other than” and inserting:

, including, without limitation,”.

     Amend sec. 6, page 3, line 4, by deleting “dog” and inserting “animal”.

     Amend sec. 7, page 4, by deleting lines 4 through 20.

     Amend sec. 7, page 4, line 21, by deleting “5.” and inserting “3.”.

     Amend sec. 7, page 4, line 25, by deleting “6.” and inserting “4.”.

     Amend sec. 7, page 4, line 33, by deleting “7.” and inserting “5.”.

     Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 9.

     Amend sec. 10, page 5, line 35, by deleting “section 2” and inserting:

sections 2 and 3”.

     Amend the bill as a whole by deleting sections 11 through 16, renumbering sections 17 through 28 as sections 12 through 23 and adding new sections designated sections 10 and 11, following sec. 10, to read as follows:

     “Sec. 10. NRS 426.097 is hereby amended to read as follows:

     426.097  “Service animal” means an animal [which] that has been [or is being] trained to [provide a specialized service to a handicapped person by a school that is approved by the Division to train such an animal.] assist or accommodate a person with a disability.

     Sec. 11. NRS 426.695 is hereby amended to read as follows:

     426.695  Blind persons who operate a vending stand pursuant to the provisions of NRS 426.630 to 426.720, inclusive, may keep a [guide dog or other] service animal with them at all times on the premises where that vending stand is located.”.

     Amend sec. 18, pages 7 and 8, by deleting lines 44 and 45 on page 7 and lines 1 through 6 on page 8, and inserting:

     “484.328  1.  A [blind] person with a disability who is on foot and using a [guide dog or other] service animal or [carrying] an appliance to accommodate his disability, including, without limitation, a cane or walking stick that is white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this state. Any driver of a vehicle who approaches or encounters such a [blind] person with a disability shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the [blind person.] person with a disability.”.

     Amend sec. 18, page 8, between lines 11 and 12, by inserting:

     “3.  As used in this section:

     (a) “Disability” has the meaning ascribed to it in section 2 of this act.

     (b) “Service animal” has the meaning ascribed to it in NRS 426.097.”.

     Amend sec. 19, page 8, line 14, by deleting “companionship or” and inserting “[companionship or]”.

     Amend sec. 19, page 8, by deleting lines 22 and 23 and inserting:

“service animal [,] or a service animal in training, as those terms are defined [in chapter 426 of NRS.] in NRS 426.097 and section 3 of this act, respectively.”.

     Amend sec. 20, page 9, by deleting lines 24 through 35 and inserting:

“committee to discriminate against a person with [physical, aural or visual disabilities] a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a [guide dog, hearing dog, helping dog or other] service animal [,] or a service animal in training, by such a person.

     6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to [permit] allow an employee with a [visual or aural] disability to keep his [guide dog, hearing dog or other] service animal or service animal in training with him at all times in his place of employment.

     7.  [For the purposes of] As used in this section [, the terms “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings] :

     (a) “Service animal” has the meaning ascribed to [them respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

     (b) “Service animal in training” has the meaning ascribed to it in section 3 of this act.”.

     Amend sec. 21, page 10, line 22, after “person” by inserting “or party”.

     Amend sec. 21, page 11, line 34, by deleting “2” and inserting “3”.

     Amend sec. 26, page 14, line 11, by deleting “2” and inserting “3”.

     Amend sec. 27, page 15, line 17, by deleting “2” and inserting “3”.

     Amend sec. 28, page 15, line 18, by deleting “118.105 is” and inserting:

“118.105, 426.075, 426.081, 426.083, 426.085, 426.091, 426.095, 426.510, 426.515 and 426.560 are”.

     Amend the bill as a whole by deleting sections 29 and 30 and adding a new section designated sec. 24, following sec. 28, to read as follows:

     “Sec. 24. This act becomes effective on July 1, 2003.”.

     Amend the bill as a whole by deleting the text of the repealed section and adding the leadlines of repealed sections to read as follows:

 

LEADLINES OF REPEALED SECTIONS

 

 

     118.105  Refusal to rent dwelling because of service animal prohibited.

     426.075  “Guide dog” defined.

     426.081  “Hearing dog” defined.

     426.083  “Helping dog” defined.

     426.085  “School for guide dogs” defined.

     426.091  “School for hearing dogs” defined.

     426.095  “School for helping dogs” defined.

     426.510  Restrictions on use of white or metallic cane, blaze orange leash, guide dog, hearing dog, helping dog or other service animal; penalty; duties of pedestrian.

     426.515  Failure to use cane, leash, dog or other service animal as evidence of contributory negligence in action against carrier or place of public accommodation.

     426.560  Regulations.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to persons with disabilities; prohibiting certain acts concerning persons with disabilities, service animals and service animals in training; revising certain provisions governing service animals and service animals in training; providing civil and criminal penalties; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to persons with disabilities, service animals and service animals in training. (BDR 38‑1)”.