Senate Bill No. 231–Senators Townsend and Titus

 

March 4, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning service animals. (BDR 38‑98)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to service animals; revising provisions concerning service animals; prohibiting certain acts relating to service animals; requiring the payment of restitution for certain violations; 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

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  1.  It is unlawful for a person to injure, disable or

1-4  cause the death of, or to allow a dog he owns, harbors or controls

1-5  to injure, disable or cause the death of, a service animal.

1-6  2.  A person who violates the provisions of subsection 1 is

1-7  guilty of a gross misdemeanor, except that if the violation is willful

1-8  and malicious the person is guilty of a category C felony and shall

1-9  be punished as provided in NRS 193.130.

1-10      Sec. 3.  1.  It is unlawful for a person to obtain or exert

1-11  unauthorized control over a service animal with the intent to

1-12  deprive the person using the service animal of that service animal.

1-13      2.  A person who violates the provisions of subsection 1 is

1-14  guilty of a category C felony and shall be punished as provided in

1-15  NRS 193.130.

1-16      Sec. 4.  1.  If a person is convicted of a violation of NRS

1-17  426.790 or section 2 or 3 of this act, the person shall, in addition

2-1  to any criminal penalty, pay restitution for all damages resulting

2-2  from the violation.

2-3  2.  Restitution payable pursuant to subsection 1 includes,

2-4  without limitation:

2-5  (a) Incidental and consequential expenses incurred by the user

2-6  of the service animal;

2-7  (b) The cost of all expenses for veterinary and other care of the

2-8  service animal;

2-9  (c) The cost of retraining the service animal;

2-10      (d) The cost of replacing the service animal;

2-11      (e) The cost of training a replacement service animal;

2-12      (f) The medical expenses of the user of the service animal;

2-13      (g) The cost of training the user of the service animal; and

2-14      (h) Compensation for wages or other earned income lost by the

2-15  user of the service animal.

2-16      3.  The remedies provided in this section are nonexclusive and

2-17  are in addition to any other remedy provided by law.

2-18      Sec. 5.  NRS 426.097 is hereby amended to read as follows:

2-19      426.097  “Service animal” means an animal which has been or

2-20  is being trained to provide a specialized service to a handicapped

2-21  person by a school that is approved by the Division to train such an

2-22  animal[.] and includes, without limitation, a guide dog, hearing

2-23  dog and helping dog.

2-24      Sec. 6.  NRS 426.510 is hereby amended to read as follows:

2-25      426.510  1.  Except as otherwise provided in subsections 2, 3

2-26  and 4, a person shall not:

2-27      (a) Use a [guide dog, hearing dog, helping dog or other] service

2-28  animal or a blaze orange leash; or

2-29      (b) Carry or use on any street or highway or in any other public

2-30  place a cane or walking stick which is white or metallic in color, or

2-31  white tipped with red.

2-32      2.  A blind person may use a guide dog or other service animal,

2-33  a blaze orange leash and a cane or walking stick which is white or

2-34  metallic in color, or white tipped with red.

2-35      3.  A deaf person may use a hearing dog or other service animal

2-36  and a blaze orange leash.

2-37      4.  A physically handicapped person may use a helping dog or

2-38  other service animal and a blaze orange leash.

2-39      5.  Any pedestrian who approaches or encounters a blind person

2-40  using a guide dog or other service animal or carrying a cane or

2-41  walking stick white or metallic in color, or white tipped with red,

2-42  shall immediately come to a full stop and take such precautions

2-43  before proceeding as may be necessary to avoid accident or injury to

2-44  the blind person.

2-45      6.  Any person other than a blind person who:

3-1  (a) Uses a guide dog or other service animal or carries a cane or

3-2  walking stick such as is described in this section, contrary to the

3-3  provisions of this section;

3-4  (b) Fails to heed the approach of a person using a guide dog or

3-5  other service animal or carrying such a cane as is described by this

3-6  section;

3-7  (c) Fails to come to a stop upon approaching or coming in

3-8  contact with a person so using a guide dog or other service animal or

3-9  so carrying such a cane or walking stick; or

3-10      (d) Fails to take precaution against accident or injury to such a

3-11  person after coming to a stop,

3-12  as provided for in this section, is guilty of a misdemeanor.

3-13      7.  Any person other than a blind, deaf or physically

3-14  handicapped person who uses a blaze orange leash is guilty of a

3-15  misdemeanor.

3-16      8.  This section does not apply to any person who is instructing

3-17  a blind, deaf or physically handicapped person or training a [guide

3-18  dog, hearing dog, helping dog or other] service animal.

3-19      Sec. 7.  NRS 426.790 is hereby amended to read as follows:

3-20      426.790  1.  [A person shall not willfully and maliciously:

3-21      (a) Interfere with;

3-22      (b) Harass or intimidate;

3-23      (c) Beat; or

3-24      (d) Kill,

3-25  a guide dog, hearing dog, helping dog or other service animal.

3-26      2.  Any] It is unlawful for a person, without legal justification,

3-27  to interfere with, or to allow a dog he owns, harbors or controls to

3-28  interfere with, the use of a service animal by obstructing,

3-29  intimidating or otherwise jeopardizing the safety of the service

3-30  animal or the person using the service animal.

3-31      2.  A person who violates[:

3-32      (a) Paragraph (a)] the provisions of subsection 1 :

3-33      (a) For a first violation, is guilty of a misdemeanor.

3-34      (b) [Paragraph (b) of subsection 1] For a second violation, is

3-35  guilty of a gross misdemeanor.

3-36      [(c) Paragraph (c) of subsection 1 is guilty of a category D

3-37  felony and shall be punished as provided in NRS 193.130.

3-38      (d) Paragraph (d) of subsection 1 is guilty of a category C felony

3-39  and shall be punished as provided in NRS 193.130.]

3-40      Sec. 8.  NRS 118.105 is hereby amended to read as follows:

3-41      118.105  1.  A landlord may not refuse to rent a dwelling

3-42  subject to the provisions of chapter 118A of NRS solely because a

3-43  [guide dog, hearing dog, helping dog or other] service animal will

3-44  be residing with the prospective tenant in the dwelling.

4-1  2.  A landlord may require proof that an animal is a [guide dog,

4-2  hearing dog, helping dog or other] service animal. This requirement

4-3  may be satisfied, [by way of example and not of] without limitation,

4-4  by exhibition of the identification card normally presented to a

4-5  person with a disability upon his graduation from a school for guide

4-6  dogs, school for hearing dogs, school for helping dogs or school for

4-7  other service animals.

4-8  3.  [For the purposes of] As used in this section:

4-9  (a) [The terms “guide dog,” “hearing dog,” “helping dog,”

4-10  “school for guide dogs,” “school for hearing dogs” and “school for

4-11  helping dogs” have the meanings ascribed to them respectively in

4-12  NRS 426.075 to 426.097, inclusive.

4-13      (b) “Service animal” means an animal which has been or is

4-14  being trained to provide a specialized service to a person with a

4-15  disability.] “School for guide dogs” has the meaning ascribed to it

4-16  in NRS 426.085.

4-17      (b) “School for hearing dogs” has the meaning ascribed to it

4-18  in NRS 426.091.

4-19      (c) “School for helping dogs” has the meaning ascribed to it in

4-20  NRS 426.095.

4-21      (d) “Service animal” has the meaning ascribed to it in

4-22  NRS 426.097.

4-23      Sec. 9.  NRS 574.615 is hereby amended to read as follows:

4-24      574.615  1.  “Pet” means an animal that is kept by a person

4-25  primarily for companionship or personal enjoyment.

4-26      2.  The term does not include an animal that is kept by a person

4-27  primarily for:

4-28      (a) Hunting;

4-29      (b) Use in connection with farming or agriculture;

4-30      (c) Breeding;

4-31      (d) Drawing heavy loads; or

4-32      (e) Use as a [guide dog, hearing dog, helping dog or other]

4-33  service animal, as [those terms are] that term is defined in [chapter

4-34  426 of NRS.] NRS 426.097.

4-35      Sec. 10.  NRS 613.330 is hereby amended to read as follows:

4-36      613.330  1.  Except as otherwise provided in NRS 613.350, it

4-37  is an unlawful employment practice for an employer:

4-38      (a) To fail or refuse to hire or to discharge any person, or

4-39  otherwise to discriminate against any person with respect to his

4-40  compensation, terms, conditions or privileges of employment,

4-41  because of his race, color, religion, sex, sexual orientation, age,

4-42  disability or national origin; or

4-43      (b) To limit, segregate or classify an employee in a way which

4-44  would deprive or tend to deprive him of employment opportunities

4-45  or otherwise adversely affect his status as an employee, because of

5-1  his race, color, religion, sex, sexual orientation, age, disability or

5-2  national origin.

5-3  2.  It is an unlawful employment practice for an employment

5-4  agency to:

5-5  (a) Fail or refuse to refer for employment, or otherwise to

5-6  discriminate against, any person because of the race, color, religion,

5-7  sex, sexual orientation, age, disability or national origin of that

5-8  person; or

5-9  (b) Classify or refer for employment any person on the basis of

5-10  the race, color, religion, sex, sexual orientation, age, disability or

5-11  national origin of that person.

5-12      3.  It is an unlawful employment practice for a labor

5-13  organization:

5-14      (a) To exclude or to expel from its membership, or otherwise to

5-15  discriminate against, any person because of his race, color, religion,

5-16  sex, sexual orientation, age, disability or national origin;

5-17      (b) To limit, segregate or classify its membership, or to classify

5-18  or fail or refuse to refer for employment any person, in any way

5-19  which would deprive or tend to deprive him of employment

5-20  opportunities, or would limit his employment opportunities or

5-21  otherwise adversely affect his status as an employee or as an

5-22  applicant for employment, because of his race, color, religion, sex,

5-23  sexual orientation, age, disability or national origin; or

5-24      (c) To cause or attempt to cause an employer to discriminate

5-25  against any person in violation of this section.

5-26      4.  It is an unlawful employment practice for any employer,

5-27  labor organization or joint labor-management committee controlling

5-28  apprenticeship or other training or retraining, including, without

5-29  limitation, on-the-job training programs, to discriminate against any

5-30  person because of his race, color, religion, sex, sexual orientation,

5-31  age, disability or national origin in admission to, or employment in,

5-32  any program established to provide apprenticeship or other training.

5-33      5.  It is an unlawful employment practice for any employer,

5-34  employment agency, labor organization or joint labor-management

5-35  committee to discriminate against a person with physical, aural or

5-36  visual disabilities by interfering, directly or indirectly, with the use

5-37  of an aid or appliance, including, without limitation, a [guide dog,

5-38  hearing dog, helping dog or other] service animal, by such a person.

5-39      6.  It is an unlawful employment practice for an employer,

5-40  directly or indirectly, to refuse to permit an employee with a visual

5-41  or aural disability to keep his [guide dog, hearing dog or other]

5-42  service animal with him at all times in his place of employment.

5-43      7.  [For the purposes of] As used in this section, [the terms

5-44  “guide dog,” “hearing dog,” “helping dog” and] “service animal”

6-1  [have the meanings] has the meaning ascribed to [them

6-2  respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

6-3  Sec. 11.  NRS 651.075 is hereby amended to read as follows:

6-4  651.075  1.  It is unlawful for a place of public

6-5  accommodation to:

6-6  (a) Refuse admittance or service to a person with a visual, aural

6-7  or physical disability because he is accompanied by a [guide dog,

6-8  hearing dog, helping dog or other] service animal.

6-9  (b) Refuse admittance or service to a person training [such an] a

6-10  service animal.

6-11      (c) Refuse to permit an employee of the place of public

6-12  accommodation who is training [such an] a service animal to bring

6-13  the service animal into:

6-14          (1) The place of public accommodation; or

6-15          (2) Any area within the place of public accommodation to

6-16  which employees of the place of public accommodation have

6-17  access, regardless of whether the area is open to the public.

6-18      (d) Refuse admittance or service to a person because he is

6-19  accompanied by a police dog.

6-20      (e) Charge an additional fee for [such an animal.] a service

6-21  animal or a police dog.

6-22      2.  A place of public accommodation may require proof that an

6-23  animal is a [guide dog, hearing dog, helping dog or other] service

6-24  animal, or that a person is training [such an] a service animal. This

6-25  requirement may be satisfied, [by way of example and not of]

6-26  without limitation, by exhibition of the identification card normally

6-27  presented to a trainer of [such an] a service animal or to a person

6-28  with a visual, aural or physical disability upon his graduation from a

6-29  school for guide dogs, school for hearing dogs, school for helping

6-30  dogs or other school that is approved by the Rehabilitation Division

6-31  of the Department of Employment, Training and Rehabilitation to

6-32  train a service animal to provide a specialized service to a

6-33  handicapped person.

6-34      3.  A [guide dog, hearing dog, helping dog or other] service

6-35  animal may not be presumed dangerous by reason of the fact it is

6-36  not muzzled.

6-37      4.  This section does not relieve:

6-38      (a) A person with a disability who is accompanied by a service

6-39  animal, or a person who trains [such an] a service animal from

6-40  liability for damage caused by [his guide dog, hearing dog, helping

6-41  dog or other] the service animal.

6-42      (b) A person who is accompanied by a police dog from liability

6-43  for damage caused by the police dog.

6-44      5.  Persons with disabilities who are accompanied by [guide

6-45  dogs, hearing dogs, helping dogs or other] service animals are

7-1  subject to the same conditions and limitations that apply to persons

7-2  who are not so disabled and accompanied.

7-3  6.  Persons who are accompanied by police dogs are subject to

7-4  the same conditions and limitations that apply to [person] persons

7-5  who are not so accompanied.

7-6  7.  [For the purposes of] As used in this section:

7-7  (a) [The terms “guide dog,” “hearing dog,” “helping dog” and

7-8  “service animal” have the meanings ascribed to them respectively in

7-9  NRS 426.075, 426.081, 426.083 and 426.097.

7-10      (b)] “Police dog” means a dog which is owned by a state or

7-11  local governmental agency and which is used by a peace officer in

7-12  performing his duties as a peace officer.

7-13      (b) “Service animal” has the meaning ascribed to it in

7-14  NRS 426.097.

7-15      Sec. 12.  NRS 704.145 is hereby amended to read as follows:

7-16      704.145  1.  It is unlawful for a common carrier or other

7-17  means of public conveyance or transportation operating in this state

7-18  to:

7-19      (a) Refuse service to a visually, aurally or physically

7-20  handicapped person because he is accompanied by a [guide dog,

7-21  hearing dog, helping dog or other] service animal;

7-22      (b) Refuse service to a person who is training a [guide dog,

7-23  hearing dog, helping dog or other] service animal because he is

7-24  accompanied by [such an] the service animal; or

7-25      (c) Charge an additional fee for [such an] a service animal.

7-26      2.  This section does not relieve a visually, aurally or physically

7-27  handicapped person who is accompanied by a service animal, or a

7-28  person who trains a [guide dog, hearing dog, helping dog or other]

7-29  service animal from liability for damage which may be caused by

7-30  [his] the service animal.

7-31      3.  Visually, aurally or physically handicapped persons

7-32  accompanied by [guide dogs, hearing dogs, helping dogs or other]

7-33  service animals on common carriers or other means of public

7-34  conveyance or transportation operating in this state are subject to

7-35  the same conditions and limitations that apply to persons who are

7-36  not so handicapped and accompanied.

7-37      4.  [For the purposes of] As used in this section, [the terms

7-38  “guide dog,” “hearing dog,” “helping dog” and] “service animal”

7-39  [have the meanings] has the meaning ascribed to [them

7-40  respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

7-41      Sec. 13.  NRS 706.366 is hereby amended to read as follows:

7-42      706.366  1.  It is unlawful for a common motor carrier of

7-43  passengers or other means of public conveyance or transportation

7-44  operating in this state to:

8-1  (a) Refuse service to a visually, aurally or physically

8-2  handicapped person because he is accompanied by a [guide dog,

8-3  hearing dog, helping dog or other] service animal;

8-4  (b) Refuse service to a person who is training a [guide dog,

8-5  hearing dog, helping dog or other] service animal because he is

8-6  accompanied by [such an] the service animal; or

8-7  (c) Charge an additional fee for [such an] a service animal.

8-8  2.  This section does not relieve a visually, aurally or physically

8-9  handicapped person who is accompanied by a service animal, or a

8-10  person who trains a [guide dog, hearing dog, helping dog or other]

8-11  service animal from liability for damage which may be caused by

8-12  [his] the service animal.

8-13      3.  Visually, aurally or physically handicapped persons

8-14  accompanied by [guide dogs, hearing dogs, helping dogs or other]

8-15  service animals on common motor carriers of passengers or other

8-16  means of public conveyance or transportation operating in this

8-17  state are subject to the same conditions and limitations that apply to

8-18  persons who are not so handicapped and accompanied.

8-19      4.  [For the purposes of] As used in this section, [the terms

8-20  “guide dog,” “hearing dog,” “helping dog” and] “service animal”

8-21  [have the meanings] has the meaning ascribed to [them

8-22  respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

 

8-23  H