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.

 

~

 

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 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 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 to 5, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Disability” means, with respect to a person:

1-5  1.  A physical or mental impairment that substantially limits

1-6  one or more of the major life activities of the person;

1-7  2.  A record of such an impairment; or

1-8  3.  Being regarded as having such an impairment.

1-9  Sec. 3.  “Service animal in training” means an animal that is

1-10  being trained to assist or accommodate a person with a disability.

1-11      Sec. 4.  1.  It is unlawful for a person to allow any animal

1-12  that he owns, harbors or controls to cause injury to or the death of

1-13  any service animal or service animal in training, or to endanger or

1-14  cause injury to a person who has a disability and is accompanied

2-1  by a service animal or a person who trains service animals and is

2-2  accompanied by a service animal in training.

2-3  2.  Any person, including, without limitation, any firm,

2-4  association or corporation, who violates the provisions of

2-5  subsection 1:

2-6  (a) Is guilty of a gross misdemeanor and shall be punished:

2-7       (1) By a fine of not less than $500 and not more than

2-8  $2,500; or

2-9       (2) If the violation is intentional, by imprisonment in the

2-10  county jail for not more than 1 year or by a fine of not more than

2-11  $5,000, or by both fine and imprisonment; and

2-12      (b) In addition to any criminal penalty that may be imposed, is

2-13  civilly liable to the person against whom the violation was

2-14  committed as provided in section 5 of this act.

2-15      3.  In addition to any other penalty, the court shall order a

2-16  person convicted of a violation of subsection 1 to pay restitution to

2-17  the person who has the disability or the person who has custody or

2-18  ownership of the service animal or service animal in training for

2-19  any veterinary bills, and for the replacement cost of the service

2-20  animal or service animal in training if it was killed or disabled or

2-21  has become mentally or physically unable to perform its duties.

2-22  The restitution must cover all costs for aides, assistance,

2-23  transportation and other hardships incurred during the absence,

2-24  and until the replacement, of the service animal or service animal

2-25  in training.

2-26      Sec. 5.  1.  In addition to any criminal penalty that may be

2-27  imposed, any person, including, without limitation, any firm,

2-28  association or corporation, who violates the provisions of

2-29  subsection 1 of section 4 of this act is civilly liable to the person

2-30  against whom the violation was committed for:

2-31      (a) Actual damages;

2-32      (b) Such punitive damages as may be determined by a jury, or

2-33  by a court sitting without a jury, which must not be more than

2-34  three times the amount of actual damages, except that in no case

2-35  may the punitive damages be less than $750; and

2-36      (c) Reasonable attorney’s fees as determined by the court.

2-37      2.  The remedies provided in this section are nonexclusive and

2-38  are in addition to any other remedy provided by law, including,

2-39  without limitation, any action for injunctive or other equitable

2-40  relief available to the aggrieved person or brought in the name of

2-41  the people of this state or the United States.

2-42      Sec. 6.  NRS 426.031 is hereby amended to read as follows:

2-43      426.031  As used in this chapter, unless the context otherwise

2-44  requires, the words and terms defined in NRS 426.041 to 426.097,

3-1  inclusive, and sections 2 and 3 of this act have the meanings

3-2  ascribed to them in those sections.

3-3  Sec. 7.  NRS 426.097 is hereby amended to read as follows:

3-4  426.097  “Service animal” means an animal [which] that has

3-5  been [or is being] trained to [provide a specialized service to a

3-6  handicapped person by a school that is approved by the Division to

3-7  train such an animal.] assist or accommodate a person with a

3-8  disability.

3-9  Sec. 8.  NRS 426.510 is hereby amended to read as follows:

3-10      426.510  1.  Except as otherwise provided in subsections 2, 3

3-11  and 4, a person shall not:

3-12      (a) Use a [guide dog, hearing dog, helping dog or other] service

3-13  animal or a blaze orange leash; or

3-14      (b) Carry or use on any street or highway or in any other public

3-15  place a cane or walking stick which is white or metallic in color, or

3-16  white tipped with red.

3-17      2.  A blind person may use a guide dog or other service animal,

3-18  a blaze orange leash and a cane or walking stick which is white or

3-19  metallic in color, or white tipped with red.

3-20      3.  A deaf person may use a hearing dog or other service animal

3-21  and a blaze orange leash.

3-22      4.  A physically handicapped person may use a helping dog or

3-23  other service animal and a blaze orange leash.

3-24      5.  Any pedestrian who approaches or encounters a blind person

3-25  using a guide dog or other service animal or carrying a cane or

3-26  walking stick white or metallic in color, or white tipped with red,

3-27  shall immediately come to a full stop and take such precautions

3-28  before proceeding as may be necessary to avoid accident or injury to

3-29  the blind person.

3-30      6.  Any person other than a blind person who:

3-31      (a) Uses a guide dog or other service animal or carries a cane or

3-32  walking stick such as is described in this section, contrary to the

3-33  provisions of this section;

3-34      (b) Fails to heed the approach of a person using a guide dog or

3-35  other service animal or carrying such a cane as is described by this

3-36  section;

3-37      (c) Fails to come to a stop upon approaching or coming in

3-38  contact with a person so using a guide dog or other service animal or

3-39  so carrying such a cane or walking stick; or

3-40      (d) Fails to take precaution against accident or injury to such a

3-41  person after coming to a stop,

3-42  as provided for in this section, is guilty of a misdemeanor.

3-43      7.  Any person other than a blind, deaf or physically

3-44  handicapped person who uses a blaze orange leash is guilty of a

3-45  misdemeanor.

4-1  8.  This section does not apply to any person who is instructing

4-2  a blind, deaf or physically handicapped person or training a [guide

4-3  dog, hearing dog, helping dog or other] service animal.

4-4  Sec. 9.  NRS 426.790 is hereby amended to read as follows:

4-5  426.790  1.  [A person shall not willfully and maliciously:

4-6  (a) Interfere with;

4-7  (b) Harass or intimidate;

4-8  (c) Beat; or

4-9  (d) Kill,

4-10  a guide dog, hearing dog, helping dog or other service animal.

4-11      2.  Any] It is unlawful for a person, without legal justification,

4-12  to interfere with, or to allow a dog he owns, harbors or controls to

4-13  interfere with, the use of a service animal by obstructing,

4-14  intimidating or otherwise jeopardizing the safety of the service

4-15  animal or the person using the service animal.

4-16      2.  A person who violates[:

4-17      (a) Paragraph (a)] the provisions of subsection 1 :

4-18      (a) For a first violation, is guilty of a misdemeanor.

4-19      (b) [Paragraph (b) of subsection 1] For a second violation, is

4-20  guilty of a gross misdemeanor.

4-21      [(c) Paragraph (c) of subsection 1 is guilty of a category D

4-22  felony and shall be punished as provided in NRS 193.130.

4-23      (d) Paragraph (d) of subsection 1 is guilty of a category C felony

4-24  and shall be punished as provided in NRS 193.130.]

4-25      Sec. 10.  NRS 118.105 is hereby amended to read as follows:

4-26      118.105  1.  A landlord may not refuse to rent a dwelling

4-27  subject to the provisions of chapter 118A of NRS solely because a

4-28  [guide dog, hearing dog, helping dog or other] service animal will

4-29  be residing with the prospective tenant in the dwelling.

4-30      2.  A landlord may require proof that an animal is a [guide dog,

4-31  hearing dog, helping dog or other] service animal. This requirement

4-32  may be satisfied, [by way of example and not of] without limitation,

4-33  by exhibition of the identification card normally presented to a

4-34  person with a disability upon his graduation from a school for guide

4-35  dogs, school for hearing dogs, school for helping dogs or school for

4-36  other service animals.

4-37      3.  [For the purposes of] As used in this section:

4-38      (a) [The terms “guide dog,” “hearing dog,” “helping dog,”

4-39  “school for guide dogs,” “school for hearing dogs” and “school for

4-40  helping dogs” have the meanings ascribed to them respectively in

4-41  NRS 426.075 to 426.097, inclusive.

4-42      (b) “Service animal” means an animal which has been or is

4-43  being trained to provide a specialized service to a person with a

4-44  disability.] “School for guide dogs” has the meaning ascribed to it

4-45  in NRS 426.085.

5-1  (b) “School for hearing dogs” has the meaning ascribed to it

5-2  in NRS 426.091.

5-3  (c) “School for helping dogs” has the meaning ascribed to it in

5-4  NRS 426.095.

5-5  (d) “Service animal” has the meaning ascribed to it in

5-6  NRS 426.097.

5-7  Sec. 11.  NRS 574.615 is hereby amended to read as follows:

5-8  574.615  1.  “Pet” means an animal that is kept by a person

5-9  primarily for [companionship or] personal enjoyment.

5-10      2.  The term does not include an animal that is kept by a person

5-11  primarily for:

5-12      (a) Hunting;

5-13      (b) Use in connection with farming or agriculture;

5-14      (c) Breeding;

5-15      (d) Drawing heavy loads; or

5-16      (e) Use as a [guide dog, hearing dog, helping dog or other]

5-17  service animal [,] or a service animal in training, as those terms are

5-18  defined in [chapter 426 of NRS.] NRS 426.097 and section 3 of this

5-19  act, respectively.

5-20      Sec. 12.  NRS 613.330 is hereby amended to read as follows:

5-21      613.330  1.  Except as otherwise provided in NRS 613.350, it

5-22  is an unlawful employment practice for an employer:

5-23      (a) To fail or refuse to hire or to discharge any person, or

5-24  otherwise to discriminate against any person with respect to his

5-25  compensation, terms, conditions or privileges of employment,

5-26  because of his race, color, religion, sex, sexual orientation, age,

5-27  disability or national origin; or

5-28      (b) To limit, segregate or classify an employee in a way which

5-29  would deprive or tend to deprive him of employment opportunities

5-30  or otherwise adversely affect his status as an employee, because of

5-31  his race, color, religion, sex, sexual orientation, age, disability or

5-32  national origin.

5-33      2.  It is an unlawful employment practice for an employment

5-34  agency to:

5-35      (a) Fail or refuse to refer for employment, or otherwise to

5-36  discriminate against, any person because of the race, color, religion,

5-37  sex, sexual orientation, age, disability or national origin of that

5-38  person; or

5-39      (b) Classify or refer for employment any person on the basis of

5-40  the race, color, religion, sex, sexual orientation, age, disability or

5-41  national origin of that person.

5-42      3.  It is an unlawful employment practice for a labor

5-43  organization:

6-1  (a) To exclude or to expel from its membership, or otherwise to

6-2  discriminate against, any person because of his race, color, religion,

6-3  sex, sexual orientation, age, disability or national origin;

6-4  (b) To limit, segregate or classify its membership, or to classify

6-5  or fail or refuse to refer for employment any person, in any way

6-6  which would deprive or tend to deprive him of employment

6-7  opportunities, or would limit his employment opportunities or

6-8  otherwise adversely affect his status as an employee or as an

6-9  applicant for employment, because of his race, color, religion, sex,

6-10  sexual orientation, age, disability or national origin; or

6-11      (c) To cause or attempt to cause an employer to discriminate

6-12  against any person in violation of this section.

6-13      4.  It is an unlawful employment practice for any employer,

6-14  labor organization or joint labor-management committee controlling

6-15  apprenticeship or other training or retraining, including, without

6-16  limitation, on-the-job training programs, to discriminate against any

6-17  person because of his race, color, religion, sex, sexual orientation,

6-18  age, disability or national origin in admission to, or employment in,

6-19  any program established to provide apprenticeship or other training.

6-20      5.  It is an unlawful employment practice for any employer,

6-21  employment agency, labor organization or joint labor-management

6-22  committee to discriminate against a person with physical, aural or

6-23  visual disabilities by interfering, directly or indirectly, with the use

6-24  of an aid or appliance, including, without limitation, a [guide dog,

6-25  hearing dog, helping dog or other] service animal, by such a person.

6-26      6.  It is an unlawful employment practice for an employer,

6-27  directly or indirectly, to refuse to permit an employee with a visual

6-28  or aural disability to keep his [guide dog, hearing dog or other]

6-29  service animal with him at all times in his place of employment.

6-30      7.  [For the purposes of] As used in this section, [the terms

6-31  “guide dog,” “hearing dog,” “helping dog” and] “service animal”

6-32  [have the meanings] has the meaning ascribed to [them

6-33  respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

6-34      Sec. 13.  NRS 651.075 is hereby amended to read as follows:

6-35      651.075  1.  It is unlawful for a place of public

6-36  accommodation to:

6-37      (a) Refuse admittance or service to a person with a visual, aural

6-38  or physical disability because he is accompanied by a [guide dog,

6-39  hearing dog, helping dog or other] service animal.

6-40      (b) Refuse admittance or service to a person training [such an] a

6-41  service animal.

6-42      (c) Refuse to permit an employee of the place of public

6-43  accommodation who is training [such an] a service animal to bring

6-44  the service animal into:

6-45          (1) The place of public accommodation; or

7-1       (2) Any area within the place of public accommodation to

7-2  which employees of the place of public accommodation have

7-3  access, regardless of whether the area is open to the public.

7-4  (d) Refuse admittance or service to a person because he is

7-5  accompanied by a police dog.

7-6  (e) Charge an additional fee for [such an animal.] a service

7-7  animal or a police dog.

7-8  2.  A place of public accommodation may require proof that an

7-9  animal is a [guide dog, hearing dog, helping dog or other] service

7-10  animal, or that a person is training [such an] a service animal. This

7-11  requirement may be satisfied, [by way of example and not of]

7-12  without limitation, by exhibition of the identification card normally

7-13  presented to a trainer of [such an] a service animal or to a person

7-14  with a visual, aural or physical disability upon his graduation from a

7-15  school for guide dogs, school for hearing dogs, school for helping

7-16  dogs or other school that is approved by the Rehabilitation Division

7-17  of the Department of Employment, Training and Rehabilitation to

7-18  train a service animal to provide a specialized service to a

7-19  handicapped person.

7-20      3.  A [guide dog, hearing dog, helping dog or other] service

7-21  animal may not be presumed dangerous by reason of the fact it is

7-22  not muzzled.

7-23      4.  This section does not relieve:

7-24      (a) A person with a disability who is accompanied by a service

7-25  animal, or a person who trains [such an] a service animal from

7-26  liability for damage caused by [his guide dog, hearing dog, helping

7-27  dog or other] the service animal.

7-28      (b) A person who is accompanied by a police dog from liability

7-29  for damage caused by the police dog.

7-30      5.  Persons with disabilities who are accompanied by [guide

7-31  dogs, hearing dogs, helping dogs or other] service animals are

7-32  subject to the same conditions and limitations that apply to persons

7-33  who are not so disabled and accompanied.

7-34      6.  Persons who are accompanied by police dogs are subject to

7-35  the same conditions and limitations that apply to [person] persons

7-36  who are not so accompanied.

7-37      7.  [For the purposes of] As used in this section:

7-38      (a) [The terms “guide dog,” “hearing dog,” “helping dog” and

7-39  “service animal” have the meanings ascribed to them respectively in

7-40  NRS 426.075, 426.081, 426.083 and 426.097.

7-41      (b)] “Police dog” means a dog which is owned by a state or

7-42  local governmental agency and which is used by a peace officer in

7-43  performing his duties as a peace officer.

7-44      (b) “Service animal” has the meaning ascribed to it in

7-45  NRS 426.097.

8-1  Sec. 14.  NRS 704.145 is hereby amended to read as follows:

8-2  704.145  1.  It is unlawful for a common carrier or other

8-3  means of public conveyance or transportation operating in this state

8-4  to:

8-5  (a) Refuse service to a visually, aurally or physically

8-6  handicapped person because he is accompanied by a [guide dog,

8-7  hearing dog, helping dog or other] service animal;

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

8-9  hearing dog, helping dog or other] service animal because he is

8-10  accompanied by [such an] the service animal; or

8-11      (c) Charge an additional fee for [such an] a service animal.

8-12      2.  This section does not relieve a visually, aurally or physically

8-13  handicapped person who is accompanied by a service animal, or a

8-14  person who trains a [guide dog, hearing dog, helping dog or other]

8-15  service animal from liability for damage which may be caused by

8-16  [his] the service animal.

8-17      3.  Visually, aurally or physically handicapped persons

8-18  accompanied by [guide dogs, hearing dogs, helping dogs or other]

8-19  service animals on common carriers or other means of public

8-20  conveyance or transportation operating in this state are subject to

8-21  the same conditions and limitations that apply to persons who are

8-22  not so handicapped and accompanied.

8-23      4.  [For the purposes of] As used in this section, [the terms

8-24  “guide dog,” “hearing dog,” “helping dog” and] “service animal”

8-25  [have the meanings] has the meaning ascribed to [them

8-26  respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

8-27      Sec. 15.  NRS 706.366 is hereby amended to read as follows:

8-28      706.366  1.  It is unlawful for a common motor carrier of

8-29  passengers or other means of public conveyance or transportation

8-30  operating in this state to:

8-31      (a) Refuse service to a visually, aurally or physically

8-32  handicapped person because he is accompanied by a [guide dog,

8-33  hearing dog, helping dog or other] service animal;

8-34      (b) Refuse service to a person who is training a [guide dog,

8-35  hearing dog, helping dog or other] service animal because he is

8-36  accompanied by [such an] the service animal; or

8-37      (c) Charge an additional fee for [such an] a service animal.

8-38      2.  This section does not relieve a visually, aurally or physically

8-39  handicapped person who is accompanied by a service animal, or a

8-40  person who trains a [guide dog, hearing dog, helping dog or other]

8-41  service animal from liability for damage which may be caused by

8-42  [his] the service animal.

8-43      3.  Visually, aurally or physically handicapped persons

8-44  accompanied by [guide dogs, hearing dogs, helping dogs or other]

8-45  service animals on common motor carriers of passengers or other

9-1  means of public conveyance or transportation operating in this

9-2  state are subject to the same conditions and limitations that apply to

9-3  persons who are not so handicapped and accompanied.

9-4  4.  [For the purposes of] As used in this section, [the terms

9-5  “guide dog,” “hearing dog,” “helping dog” and] “service animal”

9-6  [have the meanings] has the meaning ascribed to [them

9-7  respectively] it in NRS [426.075, 426.081, 426.083 and] 426.097.

 

9-8  H