REQUIRES TWO-THIRDS MAJORITY VOTE (§ 11) exempt
(Reprinted with amendments adopted on April 21, 2003)
FIRST REPRINT S.B. 164
Senate
Bill No. 164–Committee on Human
Resources and Facilities
(On
Behalf of the Legislative Committee to
Study the State Program for Providing Services to Persons with Disabilities)
February 19, 2003
____________
Referred to Committee on Finance
SUMMARY—Creates the Office of Disability Services within Department of Human Resources to coordinate and administer certain services and programs for persons with disabilities. (BDR 38‑701)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Contains Appropriation not included in Executive Budget.
~
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 persons with disabilities; creating the Office of Disability Services within the Department of Human Resources; requiring the Office to serve as the agency of State Government for persons to obtain information concerning any service or program available to persons with disabilities in this state; requiring the Office to coordinate services and programs available to persons with disabilities among state and local governmental agencies; requiring the Office to administer certain programs available in this state for persons with disabilities; making various changes concerning the program to provide devices for telecommunication to persons with impaired speech or hearing; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. NRS 422.396 is hereby amended to read as follows:
2-2 422.396 1. The Department, through a division of the
2-3 Department designated by the Director, shall establish and
2-4 administer a program to provide community-based services
2-5 necessary to enable a person with a physical disability to remain in
2-6 his home or with his family and avoid placement in a facility for
2-7 long-term care. The Department shall [contract with the Department
2-8 of Employment, Training and Rehabilitation to] coordinate the
2-9 provision of community-based services pursuant to this section.
2-10 2. The Department shall apply to the Secretary of Health and
2-11 Human Services for a waiver granted pursuant to 42 U.S.C. §
2-12 1396n(c) that authorizes the Department to amend the State Plan for
2-13 Medicaid adopted by the Department pursuant to NRS 422.271 in
2-14 order to authorize the Department to include as medical assistance
2-15 under the State Plan the following services for persons with physical
2-16 disabilities:
2-17 (a) Respite care;
2-18 (b) Habilitation;
2-19 (c) Residential habilitation;
2-20 (d) Environmental modifications;
2-21 (e) Supported living;
2-22 (f) Supported living habilitation;
2-23 (g) Supported personal care; and
2-24 (h) Any other community-based services approved by the
2-25 Secretary of Health and Human Services.
2-26 The Department shall cooperate with the Federal Government in
2-27 obtaining a waiver pursuant to this subsection.
2-28 3. The Department may use personnel of the Department or it
2-29 may contract with any appropriate public or private agency,
2-30 organization or institution to provide the community-based
2-31 services necessary to enable a person with a physical disability to
2-32 remain in his home or with his family and avoid placement in a
2-33 facility for long-term care.
2-34 4. A contract entered into with a public or private agency,
2-35 organization or institution pursuant to subsection 3 must:
2-36 (a) Include a description of the type of service to be provided;
2-37 (b) Specify the price to be paid for each service and the method
2-38 of payment; and
2-39 (c) Specify the criteria to be used to evaluate the provision of
2-40 the service.
2-41 5. The Department shall [, in consultation with Department of
2-42 Employment, Training and Rehabilitation,] adopt regulations
2-43 necessary to carry out the provisions of this section, including,
2-44 without limitation, the criteria to be used in determining eligibility
2-45 for the services provided pursuant to the program. Before adopting
3-1 regulations pursuant to this section, the Department shall solicit
3-2 comments from persons with a variety of disabilities and members
3-3 of the families of those persons.
3-4 Sec. 1.5 Chapter 426 of NRS is hereby amended by adding
3-5 thereto the provisions set forth as sections 2 to 11, inclusive, of this
3-6 act.
3-7 Sec. 2. As used in sections 2 to 11, inclusive, of this act,
3-8 unless the context otherwise requires, the words and terms defined
3-9 in sections 3 and 4 of this act have the meanings ascribed to them
3-10 in those sections.
3-11 Sec. 3. “Department” means the Department of Human
3-12 Resources.
3-13 Sec. 4. “Office” means the Office of Disability Services
3-14 created pursuant to section 5 of this act.
3-15 Sec. 5. The Office of Disability Services is hereby created
3-16 within the Department. The Office shall:
3-17 1. Provide access to information about services or programs
3-18 for persons with disabilities that are available in this state.
3-19 2. Work with persons with disabilities, persons interested in
3-20 matters relating to persons with disabilities and state and local
3-21 governmental agencies in:
3-22 (a) Developing and improving policies of this state concerning
3-23 programs or services for persons with disabilities, including,
3-24 without limitation, policies concerning the manner in which
3-25 complaints relating to services provided pursuant to specific
3-26 programs should be addressed; and
3-27 (b) Making recommendations concerning new policies or
3-28 services that may benefit persons with disabilities.
3-29 3. Serve as a liaison between state governmental agencies
3-30 that provide services or programs to persons with disabilities to
3-31 facilitate communication and the coordination of information and
3-32 any other matters relating to services or programs for persons with
3-33 disabilities.
3-34 4. Serve as a liaison between local governmental agencies in
3-35 this state that provide services or programs to persons with
3-36 disabilities to facilitate communication and the coordination of
3-37 information and any other matters relating to services or
3-38 programs for persons with disabilities. To inform local
3-39 governmental agencies in this state of services and programs of
3-40 other local governmental agencies in this state for persons with
3-41 disabilities pursuant to this subsection, the Office shall:
3-42 (a) Provide technical assistance to local governmental
3-43 agencies, including, without limitation, assistance in establishing
3-44 an electronic network that connects the Office to each of the local
4-1 governmental agencies that provides services or programs to
4-2 persons with disabilities;
4-3 (b) Work with counties and other local governmental entities
4-4 in this state that do not provide services or programs to persons
4-5 with disabilities to establish such services or programs; and
4-6 (c) Assist local governmental agencies in this state to locate
4-7 sources of funding from the Federal Government and other
4-8 private and public sources to establish or enhance services or
4-9 programs for persons with disabilities.
4-10 5. Administer the following programs in this state that
4-11 provide services for persons with disabilities:
4-12 (a) The program established pursuant to sections 7, 8 and 9 of
4-13 this act to provide financial assistance to persons with physical
4-14 disabilities;
4-15 (b) The programs established pursuant to chapter 426A of
4-16 NRS to obtain information concerning traumatic brain injuries
4-17 and provide services to persons with traumatic brain injuries;
4-18 (c) The program established pursuant to section 11 of this act
4-19 to provide devices for telecommunication to deaf persons and
4-20 persons with impaired speech or hearing;
4-21 (d) Any state program for persons with developmental
4-22 disabilities established pursuant to the Developmental Disabilities
4-23 Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001
4-24 et seq.;
4-25 (e) Any state program for independent living established
4-26 pursuant to 29 U.S.C. §§ 796 et seq.; and
4-27 (f) Any state program established pursuant to the Assistive
4-28 Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.
4-29 6. Provide information to persons with disabilities on matters
4-30 relating to the availability of housing for persons with disabilities
4-31 and identify sources of funding for new housing opportunities for
4-32 persons with disabilities.
4-33 7. Ensure that state and local governmental agencies comply
4-34 with the provisions of the Americans with Disabilities Act of 1990,
4-35 42 U.S.C. §§ 12101 et seq.
4-36 8. Before establishing policies or making decisions that will
4-37 affect the lives of persons with disabilities, consult with persons
4-38 with disabilities and members of the public in this state through
4-39 the use of surveys, focus groups, hearings or councils of persons
4-40 with disabilities to receive:
4-41 (a) Meaningful input from persons with disabilities regarding
4-42 the extent to which such persons are receiving services, including,
4-43 without limitation, services described in their individual service
4-44 plans, and their satisfaction with those services; and
5-1 (b) Public input regarding the development, implementation
5-2 and review of any programs or services for persons with
5-3 disabilities.
5-4 9. Publish a biennial report which:
5-5 (a) Reviews the current and projected capacity of:
5-6 (1) Services available to persons with disabilities pursuant
5-7 to the State Plan for Medicaid;
5-8 (2) Waivers to the State Plan for Medicaid for the provision
5-9 of home and community-based services in this state;
5-10 (3) Services available to persons with disabilities from
5-11 counties and other local governmental entities in this state; and
5-12 (4) Any other services available to persons with disabilities
5-13 from any governmental or nonprofit agency;
5-14 (b) Identifies the costs of existing and new services in the
5-15 community for persons with disabilities;
5-16 (c) Provides a strategy for the expanding or restructuring of
5-17 services in the community for persons with disabilities that is
5-18 consistent with the need for such expansion or restructuring;
5-19 (d) Recommends plans to provide services or programs for
5-20 persons with disabilities by using the data from any waiting lists of
5-21 persons seeking such services or programs;
5-22 (e) Reports the outcomes of persons with disabilities who have
5-23 received services for persons with disabilities in this state; and
5-24 (f) Reports the progress of the Office in carrying out the
5-25 strategic planning goals for persons with disabilities identified
5-26 pursuant to chapter 541, Statutes of Nevada 2001.
5-27 10. Provide on or before January 15 of each year a report to
5-28 the Governor and on or before January 15 of each odd-numbered
5-29 year a report to the Legislature, including, without limitation:
5-30 (a) A summary of the activities of the Office for the preceding
5-31 fiscal year or 2 preceding fiscal years, if the report is provided to
5-32 the Legislature;
5-33 (b) Documentation of significant problems affecting persons
5-34 with disabilities when accessing public services, if the Office is
5-35 aware of any such problems;
5-36 (c) A summary and analysis of the trends in the systems of
5-37 care and services available for persons with disabilities; and
5-38 (d) Recommendations for improving the ability of the State of
5-39 Nevada to provide services to persons with disabilities and
5-40 advocate for the rights of persons with disabilities.
5-41 Sec. 6. The Department may adopt any regulations to carry
5-42 out the provisions of sections 1 to 11, inclusive, of this act.
5-43 Sec. 6.5 1. The Advisory Committee on Deaf and Hard of
5-44 Hearing Persons is hereby created in the Office. The Advisory
5-45 Committee consists of 11 people appointed by the Director of the
6-1 Department. The Director shall appoint to the Advisory
6-2 Committee:
6-3 (a) One member who is employed by the Department and who
6-4 participates in the administration of the program of this state
6-5 which provides services to persons with disabilities which affect
6-6 their ability to communicate;
6-7 (b) One person who is a member of the Nevada Association of
6-8 the Deaf;
6-9 (c) One member who is hard of hearing;
6-10 (d) One representative of educators of persons who are deaf
6-11 and hard of hearing;
6-12 (e) One member who is professionally qualified in the field of
6-13 deafness;
6-14 (f) One member whose speech is impaired;
6-15 (g) The Executive Director of the Nevada Telecommunications
6-16 Association;
6-17 (h) Two representatives of the deaf and hard of hearing
6-18 centers operated by this state, who are ex officio members; and
6-19 (i) Two representatives of the program to purchase, maintain,
6-20 repair and distribute devices for telecommunication developed and
6-21 administered pursuant to section 11 of this act, who are ex officio
6-22 members.
6-23 2. After the initial term, the term of each member is 3 years.
6-24 A member may be reappointed.
6-25 3. If a vacancy occurs during the term of a member, the
6-26 Director of the Department shall appoint a person similarly
6-27 qualified to replace that member for the remainder of the
6-28 unexpired term.
6-29 4. The Advisory Committee shall:
6-30 (a) At its first meeting and annually thereafter, elect a
6-31 chairman from among its voting members; and
6-32 (b) Meet at the call of the Director of the Department, the
6-33 Chairman or a majority of its members as is necessary to carry out
6-34 its responsibilities.
6-35 5. A majority of the voting members of the Advisory
6-36 Committee constitutes a quorum for the transaction of business,
6-37 and a majority of the voting members of a quorum present at any
6-38 meeting is sufficient for any official action taken by the Advisory
6-39 Committee.
6-40 6. Members of the Advisory Committee serve without
6-41 compensation, except that each member is entitled, while engaged
6-42 in the business of the Advisory Committee, to the per diem
6-43 allowance and travel expenses provided for state officers and
6-44 employees generally.
7-1 7. A member of the Advisory Committee who is an officer or
7-2 employee of this state or a political subdivision of this state must
7-3 be relieved from his duties without loss of his regular
7-4 compensation so that he may prepare for and attend meetings of
7-5 the Advisory Committee and perform any work necessary to carry
7-6 out the duties of the Advisory Committee in the most timely
7-7 manner practicable. A state agency or political subdivision of this
7-8 state shall not require an officer or employee who is a member of
7-9 the Advisory Committee to make up the time he is absent from
7-10 work to carry out his duties as a member of the Advisory
7-11 Committee or use annual vacation or compensatory time for the
7-12 absence.
7-13 8. The Advisory Committee may:
7-14 (a) Make recommendations to the Director of the Department
7-15 and the Office concerning the establishment and operation of
7-16 programs for persons with disabilities which affect their ability to
7-17 communicate;
7-18 (b) Recommend to the Director of the Department and the
7-19 Office any proposed legislation concerning persons with
7-20 disabilities which affect their ability to communicate; and
7-21 (c) Collect information concerning persons with disabilities
7-22 which affect their ability to communicate.
7-23 9. As used in this section:
7-24 (a) “Person who is deaf” means a person who is not able to
7-25 process information aurally and whose primary means of
7-26 communication is visual.
7-27 (b) “Person who is hard of hearing” means a person:
7-28 (1) Who has a hearing deficit;
7-29 (2) Who is able to process information aurally with or
7-30 without the use of a hearing aid or any other device that enhances
7-31 the ability of a person to hear; and
7-32 (3) Whose primary means of communication may be visual.
7-33 (c) “Person whose speech is impaired” means a person who
7-34 has difficulty using his voice to communicate.
7-35 Sec. 7. As used in sections 8 and 9 of this act, unless the
7-36 context otherwise requires, “person with a physical disability”
7-37 means a person with a physical disability that substantially limits
7-38 his ability to participate and contribute independently in the
7-39 community in which he lives.
7-40 Sec. 8. 1. The Department shall, through the Office,
7-41 establish a program to provide financial assistance to persons with
7-42 physical disabilities for such essential personal care required
7-43 pursuant to section 9 of this act as is necessary to enable them to
7-44 live in a noninstitutional or unsupervised residential setting.
7-45 2. The Department shall adopt regulations:
8-1 (a) Establishing the procedures for applying for assistance for
8-2 essential personal care;
8-3 (b) Prescribing the criteria for determining the eligibility of an
8-4 applicant;
8-5 (c) Prescribing the nature and the amounts of assistance
8-6 which may be provided and the conditions imposed; and
8-7 (d) Prescribing such other provisions as the Department
8-8 considers necessary to administer the program.
8-9 3. The decision of the Department regarding the eligibility of
8-10 an applicant is a final decision for the purposes of judicial review.
8-11 Sec. 9. The essential personal care for which the Department
8-12 may provide assistance to a person with a physical disability
8-13 pursuant to section 8 of this act must include assisting the person
8-14 with the physical disability in:
8-15 1. The elimination of wastes from the body.
8-16 2. Dressing and undressing.
8-17 3. Bathing and grooming.
8-18 4. The preparation and eating of meals.
8-19 5. Getting in and out of bed.
8-20 6. Repositioning while asleep.
8-21 7. The use of prostheses and other medical equipment.
8-22 8. Moving about.
8-23 Sec. 10. (Deleted by amendment.)
8-24 Sec. 11. 1. The Office shall develop and administer a
8-25 program whereby:
8-26 (a) Any person who is a customer of a telephone company
8-27 which provides service through a local exchange or a customer of
8-28 a company that provides wireless phone service and who is
8-29 certified by the Office to be deaf or to have severely impaired
8-30 speech or hearing may obtain a device for telecommunication
8-31 capable of serving the needs of such persons at no charge to the
8-32 customer beyond the rate for basic service; and
8-33 (b) Any person who is deaf or has severely impaired speech or
8-34 hearing may communicate by telephone, including, without
8-35 limitation, a wireless phone, with other persons through a dual-
8-36 party relay system.
8-37 The program must be approved by the Public Utilities Commission
8-38 of Nevada.
8-39 2. A surcharge is hereby imposed on each access line of each
8-40 customer to the local exchange of any telephone company
8-41 providing such lines in this state and on each personal wireless
8-42 access line of each customer of any company that provides
8-43 wireless phone services in this state which is sufficient to cover the
8-44 costs of the program and to fund the deaf and hard of hearing
8-45 centers operated by this state. The Commission shall establish by
9-1 regulation the amount to be charged. Those companies shall
9-2 collect the surcharge from their customers and transfer the money
9-3 collected to the Commission pursuant to regulations adopted by
9-4 the Commission.
9-5 3. The Account for Services for Persons With Impaired
9-6 Speech or Hearing is hereby created within the State General
9-7 Fund and must be administered by the Office. Any money
9-8 collected from the surcharge imposed pursuant to subsection 2
9-9 must be deposited in the State Treasury for credit to the Account.
9-10 The money in the Account may be used only:
9-11 (a) For the purchase, maintenance, repair and distribution of
9-12 the devices for telecommunication, including the distribution of
9-13 devices to state agencies and nonprofit organizations;
9-14 (b) To establish and maintain the dual-party relay system;
9-15 (c) To reimburse telephone companies and companies that
9-16 provide wireless phone services for the expenses incurred in
9-17 collecting and transferring to the Commission the surcharge
9-18 imposed by the Commission;
9-19 (d) For the general administration of the program developed
9-20 and administered pursuant to subsection 1;
9-21 (e) To train persons in the use of the devices; and
9-22 (f) To fund the deaf and hard of hearing centers operated by
9-23 this state.
9-24 4. For the purposes of this section:
9-25 (a) “Device for telecommunication” means a device which is
9-26 used to send messages through the telephone system, including,
9-27 without limitation, the wireless phone system, which visually
9-28 displays or prints messages received and which is compatible with
9-29 the system of telecommunication with which it is being used.
9-30 (b) “Dual-party relay system” means a system whereby persons
9-31 who have impaired speech or hearing, and who have been
9-32 furnished with devices for telecommunication, may relay
9-33 communications through third parties to persons who do not have
9-34 access to such devices.
9-35 Sec. 12. NRS 426.005 is hereby amended to read as follows:
9-36 426.005 It is the policy of this state to:
9-37 1. Enable [the visually, aurally and physically handicapped]
9-38 persons with visual, aural or physical disabilities to participate
9-39 fully in the social and economic life of the State and to engage in
9-40 remunerative employment and to secure for them the same rights as
9-41 [the able-bodied] persons without disabilities to the full and free use
9-42 of the street, highways, sidewalks, walkways, public buildings,
9-43 public facilities and other public places.
9-44 2. Promote these objectives by periodic public observance in
9-45 which the people of the State are reminded:
10-1 (a) Of the significance of the white cane and the blaze orange
10-2 dog leash.
10-3 (b) To observe the provisions of the laws for the protection of
10-4 [the disabled] persons with disabilities and to take precautions
10-5 necessary to the safety of [the disabled.] persons with disabilities.
10-6 (c) Of the policies of the State with respect to [the visually and
10-7 physically disabled] persons with visual or physical disabilities and
10-8 to cooperate in giving effect to them.
10-9 (d) Of the need to:
10-10 (1) Be aware of the presence of [disabled] persons with
10-11 disabilities in the community;
10-12 (2) Keep safe and functional for [the disabled] persons with
10-13 disabilities the streets, highways, sidewalks, walkways, public
10-14 buildings, public facilities, other public places, places of public
10-15 accommodation, amusement and resort, and other places to which
10-16 the public is invited; and
10-17 (3) Offer assistance to [disabled] persons with disabilities
10-18 upon appropriate occasions.
10-19 3. Provide persons with disabilities in this state and their
10-20 families, within the limits of available resources, assistance in
10-21 securing an equal opportunity to access and enjoy fully:
10-22 (a) Freedom and independence in planning and managing
10-23 their lives, including, without limitation, the ability to exercise
10-24 individual initiative;
10-25 (b) Suitable housing that is independently selected, designed
10-26 and located with consideration of the special needs of persons with
10-27 disabilities, and that is affordable to persons with disabilities;
10-28 (c) The best possible physical and mental health, without
10-29 regard to economic status;
10-30 (d) Necessary health, personal assistance and independent
10-31 living services that are designed to enable persons with disabilities
10-32 to avoid receiving institutional care, or to transition from an
10-33 institutional setting back to their communities;
10-34 (e) Respite for family members of persons with disabilities
10-35 from their duties as primary caregivers; and
10-36 (f) Meaningful participation in a wide range of civic, cultural
10-37 and recreational opportunities.
10-38 Sec. 13. NRS 426.010 is hereby amended to read as follows:
10-39 426.010 The purposes of this chapter are:
10-40 1. To relieve [handicapped] persons with disabilities from the
10-41 distress of poverty;
10-42 2. To encourage and assist [handicapped] persons with
10-43 disabilities in their efforts to render themselves more
10-44 self-supporting; and
11-1 3. To enlarge the opportunities of [handicapped] persons with
11-2 disabilities to obtain education, vocational training and employment.
11-3 Sec. 14. NRS 426.055 is hereby amended to read as follows:
11-4 426.055 “Deaf person” means any person who, by reason of
11-5 the loss or impairment of his hearing, has an aural [handicap]
11-6 disability which limits, contributes to limiting or which, if not
11-7 corrected, will probably result in limiting his activities or functions.
11-8 Sec. 15. NRS 426.083 is hereby amended to read as follows:
11-9 426.083 “Helping dog” means a dog which has been or is
11-10 being specially trained by or in conjunction with a school for
11-11 helping dogs to the individual requirements of a [physically
11-12 handicapped] person with a physical disability to:
11-13 1. Provide a minimum of protection;
11-14 2. Rescue the person in certain situations;
11-15 3. Pull a wheelchair;
11-16 4. Fetch dropped items; or
11-17 5. Provide other services to the person.
11-18 Sec. 16. NRS 426.097 is hereby amended to read as follows:
11-19 426.097 “Service animal” means an animal which has been or
11-20 is being trained to provide a specialized service to a [handicapped]
11-21 person with a disability by a school that is approved by the Division
11-22 to train such an animal.
11-23 Sec. 17. NRS 426.510 is hereby amended to read as follows:
11-24 426.510 1. Except as otherwise provided in subsections 2, 3
11-25 and 4, a person shall not:
11-26 (a) Use a guide dog, hearing dog, helping dog or other service
11-27 animal or a blaze orange leash; or
11-28 (b) Carry or use on any street or highway or in any other public
11-29 place a cane or walking stick which is white or metallic in color, or
11-30 white tipped with red.
11-31 2. A blind person may use a guide dog or other service animal,
11-32 a blaze orange leash and a cane or walking stick which is white or
11-33 metallic in color, or white tipped with red.
11-34 3. A deaf person may use a hearing dog or other service animal
11-35 and a blaze orange leash.
11-36 4. A [physically handicapped] person with a physical disability
11-37 may use a helping dog or other service animal and a blaze orange
11-38 leash.
11-39 5. Any pedestrian who approaches or encounters a person
11-40 using a guide dog or other service animal or carrying a cane or
11-41 walking stick white or metallic in color, or white tipped with red,
11-42 shall immediately come to a full stop and take such precautions
11-43 before proceeding as may be necessary to avoid accident or injury to
11-44 the blind person.
11-45 6. Any person other than a blind person who:
12-1 (a) Uses a guide dog or other service animal or carries a cane or
12-2 walking stick such as is described in this section, contrary to the
12-3 provisions of this section;
12-4 (b) Fails to heed the approach of a person using a guide dog or
12-5 other service animal or carrying such a cane as is described by this
12-6 section;
12-7 (c) Fails to come to a stop upon approaching or coming in
12-8 contact with a person so using a guide dog or other service animal or
12-9 so carrying such a cane or walking stick; or
12-10 (d) Fails to take precaution against accident or injury to such a
12-11 person after coming to a stop,
12-12 as provided for in this section, is guilty of a misdemeanor.
12-13 7. Any person other than a blind[,] person, deaf person or
12-14 [physically handicapped] person with a physical disability who uses
12-15 a blaze orange leash is guilty of a misdemeanor.
12-16 8. This section does not apply to any person who is instructing
12-17 a blind[,] person, deaf person or [physically handicapped] person
12-18 with a physical disability or training a guide dog, hearing dog,
12-19 helping dog or other service animal.
12-20 Sec. 18. NRS 426.515 is hereby amended to read as follows:
12-21 426.515 The failure of a:
12-22 1. Blind person to carry a white or metallic colored cane or to
12-23 use a guide dog or other service animal or a blaze orange leash;
12-24 2. Deaf person to use a hearing dog or other service animal or a
12-25 blaze orange leash; or
12-26 3. [Physically handicapped person] Person with a physical
12-27 disability to use a helping dog or other service animal or a blaze
12-28 orange leash,
12-29 does not constitute contributory negligence per se, but may be
12-30 admissible as evidence of contributory negligence in a personal
12-31 injury action by that person against a common carrier or any other
12-32 means of public conveyance or transportation or a place of public
12-33 accommodation as defined by NRS 651.050 when the injury arises
12-34 from the blind[,] person’s, deaf person’s or [physically
12-35 handicapped person’s] person with a physical disability’s making
12-36 use of the facilities or services offered by the carrier or place of
12-37 public accommodation.
12-38 Sec. 19. NRS 426.727 is hereby amended to read as follows:
12-39 426.727 “State personal assistance program” means a program
12-40 established pursuant to NRS 422.396, 427A.250 or [615.173.]
12-41 section 8 of this act.
12-42 Sec. 19.3 NRS 426.729 is hereby amended to read as follows:
12-43 426.729 The Director of the Department of Human Resources,
12-44 [in cooperation with the Director of the Department of Employment,
13-1 Training and Rehabilitation and] in consultation with the Advisory
13-2 Committee, shall:
13-3 1. Determine the amount of state funding necessary each
13-4 biennium to carry out NRS 426.728.
13-5 2. Ensure that the amount of funding determined to be
13-6 necessary pursuant to subsection 1 is included in the budgetary
13-7 request of the appropriate department or agency for the biennium,
13-8 and that the budgetary request includes funding for any increase in
13-9 the number of cases handled by the state personal assistance
13-10 programs.
13-11 3. Establish a program to govern the services provided to carry
13-12 out NRS 426.728, within the limitations of any conditions upon the
13-13 receipt of state or federal funding, including:
13-14 (a) Minimum standards for the provision of minimum essential
13-15 personal assistance, including, to the extent authorized by state and
13-16 federal law, the provision of services in accordance with
13-17 NRS 629.091;
13-18 (b) Minimum qualifications and training requirements for
13-19 providers of minimum essential personal assistance;
13-20 (c) Standards for the financial operation of providers of
13-21 minimum essential personal assistance;
13-22 (d) The development of an individual service plan for the
13-23 provision of minimum essential personal assistance to each
13-24 recipient;
13-25 (e) Procedures to appeal the denial or modification of an
13-26 individual service plan for the provision of minimum essential
13-27 personal assistance and to resolve any disputes regarding the
13-28 contents of such a plan;
13-29 (f) Continuous monitoring of the adequacy and effectiveness of
13-30 the provision of minimum essential personal assistance to each
13-31 recipient;
13-32 (g) Mandatory requirements and procedures for reporting the
13-33 abuse, neglect or exploitation of a recipient;
13-34 (h) The receipt of meaningful input from recipients, including
13-35 surveys of recipients, regarding the extent to which recipients are
13-36 receiving the services described in their individual service plans and
13-37 their satisfaction with those services; and
13-38 (i) Continuing procedures for soliciting public input regarding
13-39 the development, implementation and review of the program.
13-40 4. Review and modify the program established pursuant to
13-41 subsection 3 as appropriate to provide recipients with as much
13-42 independence and control over the provision of minimum essential
13-43 personal assistance as is feasible.
13-44 5. Submit to each regular session of the Legislature and make
13-45 available to members of the public any recommendations for
14-1 legislation to carry out NRS 426.728 and to carry out or improve the
14-2 program established pursuant to subsection 3.
14-3 6. Submit to each regular session of the Legislature a report
14-4 regarding the expenditure of any money received to carry out NRS
14-5 426.721 to 426.731, inclusive, that must include information
14-6 regarding:
14-7 (a) The fiscal and other effects of services provided to carry out
14-8 NRS 426.728;
14-9 (b) The results of the program established pursuant to subsection
14-10 3; and
14-11 (c) The percentage change in the number of residents of this
14-12 state with severe functional disabilities who are able to avoid or
14-13 leave institutional care as a result of the receipt of minimum
14-14 essential personal assistance through community-based services.
14-15 Sec. 19.7. NRS 426.731 is hereby amended to read as follows:
14-16 426.731 1. The Advisory Committee on Personal Assistance
14-17 for Persons with Severe Functional Disabilities is hereby created in
14-18 the Department [.] of Human Resources.
14-19 2. The Governor shall:
14-20 (a) Solicit recommendations for the appointment of members to
14-21 the Advisory Committee from organizations that are representative
14-22 of a broad range of persons with disabilities and organizations
14-23 interested in the provision of personal services to persons with
14-24 functional disabilities.
14-25 (b) Appoint to the Advisory Committee such members as he
14-26 deems appropriate to represent a broad range of persons with
14-27 disabilities from diverse backgrounds, including, without limitation,
14-28 one or more persons who are representative of:
14-29 (1) The Nevada Commission on Aging and seniors with
14-30 disabilities.
14-31 (2) The Statewide Independent Living Council established in
14-32 this state pursuant to 29 U.S.C. § 796d.
14-33 (3) The State Council on Developmental Disabilities
14-34 established in this state pursuant to section 125 of the
14-35 Developmental Disabilities Assistance and Bill of Rights Act of
14-36 2000.
14-37 (4) Centers for independent living established in this state.
14-38 (5) Providers of personal services to persons with disabilities,
14-39 including providers who receive state funding for that purpose.
14-40 (6) Persons with disabilities who receive personal assistance
14-41 services.
14-42 3. The majority of the members of the Advisory Committee
14-43 must be persons with disabilities.
14-44 4. After the initial term, the term of each member is 2 years.
15-1 5. Members of the Advisory Committee serve without
15-2 compensation, except that each member is entitled, while engaged in
15-3 the business of the Advisory Committee, to the per diem allowance
15-4 and travel expenses provided for state employees generally.
15-5 6. A majority of the members of the Advisory Committee
15-6 constitutes a quorum for the transaction of business, and a majority
15-7 of a quorum present at any meeting is sufficient for any official
15-8 action taken by the Advisory Committee.
15-9 7. The Advisory Committee shall:
15-10 (a) At its first meeting and annually thereafter, elect a Chairman
15-11 from among its members.
15-12 (b) Meet at the call of the Director [,] of the Department of
15-13 Human Resources, the Chairman or a majority of its members
15-14 quarterly or as is necessary, within the budget of the Advisory
15-15 Committee, to provide the Director of the Department of Human
15-16 Resources with appropriate assistance to carry out the provisions of
15-17 NRS 426.728.
15-18 Sec. 20. NRS 426.740 is hereby amended to read as follows:
15-19 426.740 1. Every person who operates a service station or
15-20 retail store which sells fuel for motor vehicles to the public shall,
15-21 upon request, refuel a vehicle for a driver [who is physically
15-22 handicapped.] with a physical disability.
15-23 2. The price of the fuel charged to such a driver must not be
15-24 greater than the price which would be charged to any other person
15-25 for the fuel if that person had personally refueled his vehicle.
15-26 3. This section does not apply to a service station or a retail
15-27 store which sells fuel if the service station or retail store does not
15-28 provide a person to refuel the motor vehicles of its customers.
15-29 4. A person who violates any provision of this section is guilty
15-30 of a misdemeanor.
15-31 Sec. 20.5. NRS 426A.010 is hereby amended to read as
15-32 follows:
15-33 426A.010 As used in this chapter:
15-34 1. “Department” means the Department of [Employment,
15-35 Training and Rehabilitation.] Human Resources.
15-36 2. “Office” means the Office of Disability Services created by
15-37 section 5 of this act.
15-38 3. “Traumatic brain injury” means a sudden shock or damage
15-39 to the brain or its coverings which is not of a degenerative nature
15-40 and produces an altered state of consciousness or temporarily or
15-41 permanently impairs the mental, cognitive, behavioral or physical
15-42 functioning of the brain. The term does not include:
15-43 (a) A cerebral vascular accident;
15-44 (b) An aneurism; or
15-45 (c) A congenital defect.
16-1 Sec. 21. NRS 426A.060 is hereby amended to read as follows:
16-2 426A.060 1. The Advisory Committee on Traumatic Brain
16-3 Injuries, consisting of 11 members, is hereby created.
16-4 2. The [Administrator] Director of the Department shall
16-5 appoint to the Committee:
16-6 (a) One member who is an employee of the [Rehabilitation
16-7 Division of the Department.] Office.
16-8 (b) One member who is an employee of the Division of Health
16-9 Care Financing and Policy of the Department [of Human Resources]
16-10 and participates in the administration of the state program providing
16-11 Medicaid.
16-12 (c) One member who is a licensed insurer in this state.
16-13 (d) One member who represents the interests of educators in this
16-14 state.
16-15 (e) One member who is a person professionally qualified in the
16-16 field of psychiatric mental health.
16-17 (f) Two members who are employees of private providers of
16-18 rehabilitative health care located in this state.
16-19 (g) One member who represents persons who operate
16-20 community-based programs for head injuries in this state.
16-21 (h) One member who represents hospitals in this state.
16-22 (i) Two members who represent the recipients of health care in
16-23 this state.
16-24 3. After the initial appointments, each member of the
16-25 Committee serves a term of 3 years.
16-26 4. The Committee shall elect one of its members to serve as
16-27 Chairman.
16-28 5. Members of the Committee serve without compensation and
16-29 are not entitled to receive the per diem allowance or travel expenses
16-30 provided for state officers and employees generally, except that
16-31 members of the Committee may receive any per diem allowance and
16-32 travel expenses that may be authorized by the Committee if the
16-33 payment of the per diem allowance and travel expenses:
16-34 (a) Is made from money received by the Committee from a
16-35 source other than the State of Nevada; and
16-36 (b) Is not inconsistent with any condition attached to the
16-37 acceptance of that money.
16-38 6. The Committee may:
16-39 (a) Make recommendations to the [Administrator] Director of
16-40 the Department and the Office relating to the establishment and
16-41 operation of any program for persons with traumatic brain injuries.
16-42 (b) Make recommendations to the [Administrator] Director of
16-43 the Department and the Office concerning proposed legislation
16-44 relating to traumatic brain injuries.
16-45 (c) Collect information relating to traumatic brain injuries.
17-1 (d) Apply for grants.
17-2 (e) Accept and expend any money made available to the
17-3 Committee by gift, grant, donation or bequest.
17-4 7. The Committee shall prepare a report of its activities and
17-5 recommendations each year and submit a copy to the:
17-6 (a) Director of the Department;
17-7 (b) [Administrator;] Office;
17-8 (c) Legislative Committee on Health Care; and
17-9 (d) Legislative Commission.
17-10 8. As used in this section:
17-11 (a) [“Administrator” means the Administrator of the
17-12 Rehabilitation Division of the Department.
17-13 (b)] “Person professionally qualified in the field of psychiatric
17-14 mental health” has the meaning ascribed to it in NRS 433.209.
17-15 [(c)] (b) “Provider of health care” has the meaning ascribed to it
17-16 in NRS 629.031.
17-17 Sec. 21.3. NRS 426A.070 is hereby amended to read as follows:
17-18 426A.070 1. The [Rehabilitation Division of the Department]
17-19 Office shall establish a Program for Persons with Traumatic Brain
17-20 Injuries.
17-21 2. The Program may, subject to legislative appropriation,
17-22 provide:
17-23 (a) The following services to persons with traumatic brain
17-24 injuries:
17-25 (1) Treatment during the day on an outpatient basis;
17-26 (2) Care provided in a facility operated and maintained to
17-27 furnish food, shelter, assistance and limited supervision;
17-28 (3) Care provided in the home;
17-29 (4) Instruction in the skills required for independent living;
17-30 (5) Placement for jobs; and
17-31 (6) Counseling and treatment for the abuse of drugs or
17-32 alcohol.
17-33 (b) Support services for families of persons with traumatic brain
17-34 injuries.
17-35 (c) For the dissemination of information for the prevention of
17-36 traumatic brain injuries.
17-37 3. The [Rehabilitation Division] Office shall evaluate the
17-38 Program and submit a report containing the evaluation and any
17-39 recommended legislation to each regular session of the Legislature.
17-40 Sec. 21.7. NRS 426A.080 is hereby amended to read as
17-41 follows:
17-42 426A.080 The [Rehabilitation Division of the] Department
17-43 shall adopt regulations concerning the care of persons with
17-44 traumatic brain injuries. The [Division] Department shall, in
17-45 adopting the regulations, consider the criteria established by the
18-1 Commission on Accreditation of Rehabilitation Facilities for the
18-2 care of such persons.
18-3 Sec. 22. NRS 232.320 is hereby amended to read as follows:
18-4 232.320 1. Except as otherwise provided in subsection 2, the
18-5 Director:
18-6 (a) Shall appoint, with the consent of the Governor,
18-7 administrators of the divisions of the Department, who are
18-8 respectively designated as follows:
18-9 (1) The Administrator of the Aging Services Division;
18-10 (2) The Administrator of the Health Division;
18-11 (3) The State Welfare Administrator;
18-12 (4) The Administrator of the Division of Child and Family
18-13 Services; and
18-14 (5) The Administrator of the Division of Health Care
18-15 Financing and Policy.
18-16 (b) Shall administer, through the divisions of the Department [,]
18-17 and the Office of Disability Services, the provisions of chapters
18-18 210, 423, 424, 425, 426A, 427A, 432A to 422, inclusive, 446 to
18-19 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001
18-20 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive,
18-21 444.003 to 444.430, inclusive, and 445A.010 to 445A.055,
18-22 inclusive, and sections 2 to 11, inclusive, of this act, and all other
18-23 provisions of law relating to the functions of the divisions of the
18-24 Department [,] and the Office of Disability Services, but is not
18-25 responsible for the clinical activities of the Health Division or the
18-26 professional line activities of the other divisions [.] or the Office of
18-27 Disability Services.
18-28 (c) Shall, after considering advice from agencies of local
18-29 governments and nonprofit organizations which provide social
18-30 services, adopt a master plan for the provision of human services in
18-31 this state. The Director shall revise the plan biennially and deliver a
18-32 copy of the plan to the Governor and the Legislature at the
18-33 beginning of each regular session. The plan must:
18-34 (1) Identify and assess the plans and programs of the
18-35 Department for the provision of human services, and any
18-36 duplication of those services by federal, state and local agencies;
18-37 (2) Set forth priorities for the provision of those services;
18-38 (3) Provide for communication and the coordination of those
18-39 services among nonprofit organizations, agencies of local
18-40 government, the state and the Federal Government;
18-41 (4) Identify the sources of funding for services provided by
18-42 the Department and the allocation of that funding;
18-43 (5) Set forth sufficient information to assist the Department
18-44 in providing those services and in the planning and budgeting for the
18-45 future provision of those services; and
19-1 (6) Contain any other information necessary for the
19-2 Department to communicate effectively with the Federal
19-3 Government concerning demographic trends, formulas for the
19-4 distribution of federal money and any need for the modification of
19-5 programs administered by the Department.
19-6 (d) May, by regulation, require nonprofit organizations and state
19-7 and local governmental agencies to provide information to him
19-8 regarding the programs of those organizations and agencies,
19-9 excluding detailed information relating to their budgets and payrolls,
19-10 which he deems necessary for his performance of the duties
19-11 imposed upon him pursuant to this section.
19-12 (e) Has such other powers and duties as are provided by law.
19-13 2. The Governor shall appoint the Administrator of the
19-14 Division of Mental Health and Developmental Services.
19-15 Sec. 22.3 NRS 232.920 is hereby amended to read as follows:
19-16 232.920 The Director:
19-17 1. Shall:
19-18 (a) Organize the Department into divisions and other operating
19-19 units as needed to achieve the purposes of the Department;
19-20 (b) Upon request, provide the Director of the Department of
19-21 Administration with a list of organizations and agencies in this state
19-22 whose primary purpose is the training and employment of
19-23 handicapped persons; and
19-24 (c) Except as otherwise provided by a specific statute, direct the
19-25 divisions to share information in their records with agencies of local
19-26 governments which are responsible for the collection of debts or
19-27 obligations if the confidentiality of the information is otherwise
19-28 maintained under the terms and conditions required by law.
19-29 2. Is responsible for the administration, through the divisions
19-30 of the Department, of the provisions of NRS 426.005 to 426.720,
19-31 inclusive, 426.740, 426.790 and 426.800, and chapters [426, 426A,]
19-32 612 and 615 of NRS, and all other provisions of law relating to the
19-33 functions of the Department and its divisions, but is not responsible
19-34 for the professional line activities of the divisions or other operating
19-35 units except as otherwise provided by specific statute.
19-36 3. May employ, within the limits of legislative appropriations,
19-37 such staff as is necessary for the performance of the duties of the
19-38 Department.
19-39 Sec. 22.7. NRS 232.945 is hereby amended to read as follows:
19-40 232.945 The Director shall appoint an Administrator of the
19-41 Rehabilitation Division of the Department. The Administrator:
19-42 1. Is in the unclassified service of the State unless federal law
19-43 or regulation requires otherwise, and serves at the pleasure of the
19-44 Director.
20-1 2. Shall administer the provisions of law set forth in subsection
20-2 4, subject to the administrative supervision of the Director.
20-3 3. Except as otherwise provided in NRS 284.143, shall devote
20-4 his entire time and attention to the business of his office and shall
20-5 not pursue any other business or occupation or hold any other office
20-6 of profit.
20-7 4. Is responsible for the administration, through the bureaus of
20-8 the Rehabilitation Division, of the provisions of NRS 232.940 and
20-9 232.950 and this section, NRS 426.520 to 426.610, inclusive, and
20-10 [chapters 426A and] chapter 615 of NRS and all other provisions of
20-11 law relating to the functions of the Rehabilitation Division and its
20-12 bureaus, but is not responsible for the professional line activities of
20-13 the bureaus except as otherwise provided by specific statute.
20-14 5. Is responsible for the preparation of a consolidated state plan
20-15 for the Bureau of Services to the Blind and Visually Impaired, the
20-16 Bureau of Vocational Rehabilitation and any other program
20-17 administered by the Rehabilitation Division that he considers
20-18 appropriate to incorporate into the consolidated state plan before
20-19 submission to the Federal Government. This subsection does not
20-20 apply if any federal regulation exists that prohibits a consolidated
20-21 plan.
20-22 6. In developing and revising state plans pursuant to subsection
20-23 5, shall consider, without limitation:
20-24 (a) The amount of money available from the Federal
20-25 Government for the programs of the Rehabilitation Division;
20-26 (b) The conditions attached to the acceptance of that money; and
20-27 (c) The limitations of legislative appropriations for the
20-28 programs.
20-29 7. May employ, within the limits of legislative appropriations,
20-30 such staff as is necessary to the performance of the duties of the
20-31 Rehabilitation Division.
20-32 Sec. 23. NRS 651.075 is hereby amended to read as follows:
20-33 651.075 1. It is unlawful for a place of public
20-34 accommodation to:
20-35 (a) Refuse admittance or service to a person with a visual, aural
20-36 or physical disability because he is accompanied by a guide dog,
20-37 hearing dog, helping dog or other service animal.
20-38 (b) Refuse admittance or service to a person training such an
20-39 animal.
20-40 (c) Refuse to permit an employee of the place of public
20-41 accommodation who is training such an animal to bring the animal
20-42 into:
20-43 (1) The place of public accommodation; or
21-1 (2) Any area within the place of public accommodation to
21-2 which employees of the place have access, regardless of whether the
21-3 area is open to the public.
21-4 (d) Refuse admittance or service to a person because he is
21-5 accompanied by a police dog.
21-6 (e) Charge an additional fee for such an animal.
21-7 2. A place of accommodation may require proof that an animal
21-8 is a guide dog, hearing dog, helping dog or other service animal, or
21-9 that a person is training such an animal. This requirement may be
21-10 satisfied, by way of example and not of limitation, by exhibition of
21-11 the identification card normally presented to a trainer of such an
21-12 animal or to a person with a visual, aural or physical disability upon
21-13 his graduation from a school for guide dogs, school for hearing
21-14 dogs, school for helping dogs or other school that is approved by the
21-15 Rehabilitation Division of the Department of Employment, Training
21-16 and Rehabilitation to train a service animal to provide a specialized
21-17 service to a [handicapped person.] person with a disability.
21-18 3. A guide dog, hearing dog, helping dog or other service
21-19 animal may not be presumed dangerous by reason of the fact it is
21-20 not muzzled.
21-21 4. This section does not relieve:
21-22 (a) A person with a disability or a person who trains such an
21-23 animal from liability for damage caused by his guide dog, hearing
21-24 dog, helping dog or other service animal.
21-25 (b) A person who is accompanied by a police dog from liability
21-26 for damage caused by the police dog.
21-27 5. Persons with disabilities who are accompanied by guide
21-28 dogs, hearing dogs, helping dogs or other service animals are
21-29 subject to the same conditions and limitations that apply to persons
21-30 who are not so disabled and accompanied.
21-31 6. Persons who are accompanied by police dogs are subject to
21-32 the same conditions and limitations that apply to person who are not
21-33 so accompanied.
21-34 7. For the purposes of this section:
21-35 (a) The terms “guide dog,” “hearing dog,” “helping dog” and
21-36 “service animal” have the meanings ascribed to them respectively in
21-37 NRS 426.075, 426.081, 426.083 and 426.097.
21-38 (b) “Police dog” means a dog which is owned by a state or local
21-39 governmental agency and which is used by a peace officer in
21-40 performing his duties as a peace officer.
21-41 Sec. 24. NRS 704.040 is hereby amended to read as follows:
21-42 704.040 1. Every public utility shall furnish reasonably
21-43 adequate service and facilities, and the charges made for any service
21-44 rendered or to be rendered, or for any service in connection
21-45 therewith or incidental thereto, must be just and reasonable.
22-1 2. Every unjust and unreasonable charge for service of a public
22-2 utility is unlawful.
22-3 3. The Commission may exempt, to the extent it deems
22-4 reasonable, services related to telecommunication or public utilities
22-5 which provide telecommunication services from any or all of the
22-6 provisions of this chapter, upon a determination after hearing that
22-7 the services are competitive or discretionary and that regulation
22-8 thereof is unnecessary. For the purposes of this subsection, basic
22-9 local exchange service and access services provided to
22-10 interexchange carriers are not discretionary.
22-11 4. The Commission shall adopt regulations necessary to
22-12 establish an alternative plan of regulation of a public utility that
22-13 provides telecommunication services. The alternative plan may
22-14 include, but is not limited to, provisions that:
22-15 (a) Allow adjustment of the rates charged by a public utility that
22-16 provides telecommunication services during the period in which the
22-17 utility elects the alternative plan of regulation.
22-18 (b) Provide for flexibility of pricing for discretionary services
22-19 and services that are competitive.
22-20 (c) Specify the provisions of this chapter , [and] chapter 707 of
22-21 NRS and section 11 of this act that do not apply to a public utility
22-22 that elects to be regulated under the alternative plan.
22-23 5. A public utility that elects to be regulated under the
22-24 alternative plan established pursuant to subsection 4 is not subject to
22-25 the remaining provisions of this chapter , [or] chapter 707 of NRS or
22-26 section 11 of this act to the extent specified pursuant to paragraph
22-27 (c) of subsection 4.
22-28 6. All providers of telecommunication services which offer the
22-29 same or similar service must be subject to fair and impartial
22-30 regulation, to promote adequate, economical and efficient service.
22-31 7. The Commission may provide for the levy and collection of
22-32 an assessment, in an amount determined by the Commission, from a
22-33 public utility that provides telecommunication services in order to
22-34 maintain the availability of telephone service. Assessments levied
22-35 pursuant to this subsection must be maintained in a separate fund
22-36 established by the Commission. The Commission shall contract with
22-37 an independent administrator to administer the fund pursuant to
22-38 open competitive bidding procedures established by the
22-39 Commission. The independent administrator shall collect the
22-40 assessments levied and distribute them from the fund pursuant to
22-41 a plan which has been approved by the Commission. Money in
22-42 the fund must be used for the sole purpose of maintaining the
22-43 availability of telephone service.
23-1 8. For the purposes of this section, “interexchange carrier”
23-2 means any person providing intrastate telecommunications service
23-3 for a fee between two or more exchanges.
23-4 Sec. 25. NRS 704.145 is hereby amended to read as follows:
23-5 704.145 1. It is unlawful for a common carrier or other
23-6 means of public conveyance or transportation operating in this state
23-7 to:
23-8 (a) Refuse service to a [visually, aurally or physically
23-9 handicapped] person with a visual, aural or physical disability
23-10 because he is accompanied by a guide dog, hearing dog, helping dog
23-11 or other service animal;
23-12 (b) Refuse service to a person who is training a guide dog,
23-13 hearing dog, helping dog or other service animal because he is
23-14 accompanied by such an animal; or
23-15 (c) Charge an additional fee for such an animal.
23-16 2. This section does not relieve a [visually, aurally or
23-17 physically handicapped] person with a visual, aural or physical
23-18 disability or a person who trains a guide dog, hearing dog, helping
23-19 dog or other service animal from liability for damage which may be
23-20 caused by his animal.
23-21 3. [Visually, aurally or physically handicapped persons]
23-22 Persons with visual, aural or physical disabilities accompanied by
23-23 guide dogs, hearing dogs, helping dogs or other service animals are
23-24 subject to the same conditions and limitations that apply to persons
23-25 without disabilities who are not so [handicapped and] accompanied.
23-26 4. For the purposes of this section, the terms “guide dog,”
23-27 “hearing dog,” “helping dog” and “service animal” have the
23-28 meanings ascribed to them respectively in NRS 426.075, 426.081,
23-29 426.083 and 426.097.
23-30 Sec. 26. NRS 706.366 is hereby amended to read as follows:
23-31 706.366 1. It is unlawful for a common motor carrier of
23-32 passengers or other means of public conveyance or transportation
23-33 operating in this state to:
23-34 (a) Refuse service to a [visually, aurally or physically
23-35 handicapped] person with a visual, aural or physical disability
23-36 because he is accompanied by a guide dog, hearing dog, helping dog
23-37 or other service animal;
23-38 (b) Refuse service to a person who is training a guide dog,
23-39 hearing dog, helping dog or other service animal because he is
23-40 accompanied by such an animal; or
23-41 (c) Charge an additional fee for such an animal.
23-42 2. This section does not relieve a [visually, aurally or
23-43 physically handicapped] person with a visual, aural or physical
23-44 disability or a person who trains a guide dog, hearing dog, helping
24-1 dog or other service animal from liability for damage which may be
24-2 caused by his animal.
24-3 3. [Visually, aurally or physically handicapped persons]
24-4 Persons with visual, aural or physical disabilities accompanied by
24-5 guide dogs, hearing dogs, helping dogs or other service animals are
24-6 subject to the same conditions and limitations that apply to persons
24-7 without disabilities who are not so [handicapped and] accompanied.
24-8 4. For the purposes of this section, the terms “guide dog,”
24-9 “hearing dog,” “helping dog” and “service animal” have the
24-10 meanings ascribed to them respectively in NRS 426.075, 426.081,
24-11 426.083 and 426.097.
24-12 Sec. 27. NRS 426.105, 615.173, 615.176 and 707.360 are
24-13 hereby repealed.
24-14 Sec. 28. (Deleted by amendment.)
24-15 Sec. 29. Notwithstanding the provisions of sections 8, 9, 21.7
24-16 and 27 of this act that transfer the authority to adopt certain
24-17 regulations from the Department of Employment, Training and
24-18 Rehabilitation to the Department of Human Resources:
24-19 1. Any regulations adopted by the Department of Employment,
24-20 Training and Rehabilitation pursuant to NRS 615.173 or 615.176
24-21 before July 1, 2003, remain in effect and may enforced by the
24-22 Director of the Department of Human Resources until the
24-23 Department of Human Resources adopts regulations to replace those
24-24 regulations of the Department of Employment, Training and
24-25 Rehabilitation.
24-26 2. Any regulations adopted by the Rehabilitation Division of
24-27 the Department of Employment, Training and Rehabilitation
24-28 pursuant to NRS 426A.070 or 426A.080 before July 1, 2003, remain
24-29 in effect and may enforced by the Director of the Department of
24-30 Human Resources until the Department of Human Resources adopts
24-31 regulations to replace those regulations of the Rehabilitation
24-32 Division of the Department of Employment, Training and
24-33 Rehabilitation.
24-34 Sec. 30. The State Controller shall transfer the money in the
24-35 account created by NRS 707.360 to the account created by section
24-36 11 of this act.
24-37 Sec. 30.5 As soon as practicable after July 1, 2003, the
24-38 Director of the Department of Human Resources shall appoint to the
24-39 Advisory Committee on Deaf and Hard of Hearing Persons created
24-40 by section 6.5 of this act:
24-41 1. Six members whose terms expire on June 30, 2005; and
24-42 2. Five members whose terms expire on June 30, 2006.
24-43 Sec. 31. This act becomes effective on July 1, 2003.
25-1 TEXT OF REPEALED SECTIONS
25-2 615.173 Program to enable physically disabled persons to
25-3 live in unsupervised setting: Establishment; regulation.
25-4 1. The Department shall, through its divisions, establish a
25-5 program to provide financial assistance to physically disabled
25-6 persons for such essential personal care as is necessary to enable
25-7 them to live in a noninstitutional or unsupervised residential setting.
25-8 2. The Department shall adopt regulations:
25-9 (a) Establishing the procedures for applying for assistance for
25-10 essential personal care;
25-11 (b) Prescribing the criteria for determining the eligibility of an
25-12 applicant;
25-13 (c) Prescribing the nature and the amounts of assistance which
25-14 may be provided and the conditions imposed; and
25-15 (d) Prescribing such other provisions as the Department
25-16 considers necessary to administer the program.
25-17 3. The decision of the Department regarding the eligibility of
25-18 an applicant is a final decision for the purposes of judicial review.
25-19 615.176 Program to enable physically disabled persons to
25-20 live in unsupervised setting: Required elements of essential
25-21 personal care. The essential personal care for which the
25-22 Department may provide assistance must include assisting the
25-23 physically disabled person in:
25-24 1. The elimination of wastes from the body.
25-25 2. Dressing and undressing.
25-26 3. Bathing and grooming.
25-27 4. The preparation and eating of meals.
25-28 5. Getting in and out of bed.
25-29 6. Repositioning while asleep.
25-30 7. The use of prostheses and other medical equipment.
25-31 8. Moving about.
25-32 707.360 Program to provide devices for telecommunication
25-33 to persons with impaired speech or hearing; surcharge;
25-34 creation and use of Account for Telecommunication and Relay
25-35 Services for Persons With Impaired Speech or Hearing.
25-36 1. The Rehabilitation Division of the Department of
25-37 Employment, Training and Rehabilitation shall develop and
25-38 administer a program whereby:
25-39 (a) Any person who is a customer of a telephone company
25-40 which provides service through a local exchange and who is
26-1 certified by the Division to be deaf or to have severely impaired
26-2 speech or hearing may obtain a device for telecommunication
26-3 capable of serving the needs of such persons at no charge to the
26-4 customer beyond the rate for basic service; and
26-5 (b) Any person who is deaf or has severely impaired speech or
26-6 hearing may communicate by telephone with other persons through
26-7 a dual-party relay system.
26-8 The program must be approved by the Public Utilities Commission
26-9 of Nevada.
26-10 2. A surcharge is hereby imposed on each access line of each
26-11 customer to the local exchange of any telephone company
26-12 providing such lines in this state which is sufficient to cover the
26-13 costs of the program. The Commission shall establish by regulation
26-14 the amount to be charged. Those companies shall collect the
26-15 surcharge from their customers and transfer the money collected to
26-16 the Commission pursuant to regulations adopted by the
26-17 Commission.
26-18 3. The Account for Telecommunication and Relay Services for
26-19 Persons With Impaired Speech or Hearing is hereby created within
26-20 the State General Fund and must be administered by the Division.
26-21 Any money collected from the surcharge imposed pursuant to
26-22 subsection 2 must be deposited in the State Treasury for credit to
26-23 the Account. The money in the Account may be used only:
26-24 (a) For the purchase, maintenance, repair and distribution of the
26-25 devices for telecommunication, including the distribution of devices
26-26 to state agencies and nonprofit organizations;
26-27 (b) To establish and maintain the dual-party relay system;
26-28 (c) To reimburse telephone companies for the expenses incurred
26-29 in collecting and transferring to the Commission the surcharge
26-30 imposed by the Commission;
26-31 (d) For the general administration of the program; and
26-32 (e) To train persons in the use of the devices.
26-33 4. For the purposes of this section:
26-34 (a) “Device for telecommunication” means a device which has a
26-35 keyboard used to send messages by telephone, which visually
26-36 displays or prints messages received and which is compatible with
26-37 the system of telecommunication with which it is being used.
26-38 (b) “Dual-party relay system” means a system whereby persons
26-39 who have impaired speech or hearing, and who have been furnished
26-40 with devices for telecommunication, may relay communications
26-41 through third parties to persons who do not have access to such
26-42 devices.
26-43 H