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 1, line 2, by deleting:
“2, 3 and 4” and inserting:
“2 to 5, inclusive,”.
Amend the bill as a whole by deleting sections 2 through 5, renumbering sections 6 through 13 as sections 8 through 15 and adding new sections designated sections 2 through 7, 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.
Sec. 4. 1. It is unlawful for a person to allow any animal that he owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.
2. Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:
(a) Is guilty of a gross misdemeanor and shall be punished:
(1) By a fine of not less than $500 and not more than $2,500; or
(2) If the violation is intentional, by imprisonment in the county jail for not more than 1 year or by a fine of not more than $5,000, or by both fine and imprisonment; and
(b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in section 5 of this act.
3. In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.
Sec. 5. 1. In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1 of section 4 of this act is civilly liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
2. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this state or the United States.
Sec. 6. NRS 426.031 is hereby amended to read as follows:
426.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 426.041 to 426.097, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. 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.”.
Amend sec. 9, page 4, line 25, by deleting “companionship or” and inserting “[companionship or]”.
Amend sec. 9, page 4, by deleting lines 33 and 34 and inserting:
“service animal [,] or a service animal in training, as those terms are defined in [chapter 426 of NRS.] NRS 426.097 and section 3 of this act, respectively.”.
Amend the title of the bill by deleting the second and third lines and inserting:
“service animals and service animals in training; prohibiting certain acts relating to service animals, service animals in training or persons using service animals; providing civil liability and requiring the payment of restitution for certain”.