Nrs: Chapter 426 - Persons With Disabilities

Link to law: https://www.leg.state.nv.us/NRS/NRS-426.html
Published: 2015

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[Rev. 11/21/2013 11:33:40

AM--2013]



CHAPTER 426 - PERSONS WITH DISABILITIES

GENERAL PROVISIONS

NRS 426.010           Purposes

of chapter.

NRS 426.020           Liberal

construction.

NRS 426.031           Definitions.

NRS 426.045           “Bureau”

defined.

NRS 426.061           “Department”

defined.

NRS 426.065           “Director”

defined.

NRS 426.068           “Disability”

defined.

NRS 426.071           “Division”

defined.

NRS 426.082           “Person

who is blind” defined.

NRS 426.084           “Person

who is deaf” defined.

NRS 426.097           “Service

animal” defined.

NRS 426.099           “Service

animal in training” defined.

NEVADA COMMISSION ON SERVICES FOR PERSONS WITH DISABILITIES

NRS 426.355 to 426.395, inclusive, were

moved to NRS 427A.121 to 427A.1217, inclusive.

EXPEDITED SERVICE PERMITS

NRS 426.401           Definitions.

NRS 426.411           “Department”

defined.

NRS 426.421           “Expedited

service permit” defined.

NRS 426.431           “Person

with a permanent disability” defined.

NRS 426.441           Application;

issuance; requirements; review of eligibility; fee; regulations.

NRS 426.451           Presentation

to officer or employee of state agency; duty of officer or employee to provide

expedited services.

NRS 426.461           Unlawful

acts.

USE OF SERVICE ANIMALS AND WHITE OR METALLIC CANES

NRS 426.510           Restrictions

on use of service animal and white or metallic cane; duties of pedestrian;

penalty.

NRS 426.515           Failure

to use cane or service animal as evidence of contributory negligence in action

against carrier or place of public accommodation.

BUREAU OF SERVICES TO PERSONS WHO ARE BLIND OR VISUALLY

IMPAIRED

NRS 426.518           Definitions.

NRS 426.519           “Administrator”

defined.

NRS 426.520           “Person

who is blind” further defined.

NRS 426.531           Administration

by Department.

NRS 426.550           Administrator

as head of Bureau; powers and duties of Bureau.

NRS 426.555           Administrator

to prepare required reports.

NRS 426.560           Regulations.

NRS 426.563           Costs

of administration.

NRS 426.567           State

Grant and Gift Account for Persons Who Are Blind.

NRS 426.570           Employees.

NRS 426.573           Disclosure

of information concerning applicant for or recipient of services.

NRS 426.575           Payment

of allowance for maintenance to trainee in advance.

NRS 426.590           Bureau

as licensing agency under federal law.

NRS 426.600           Denial

of services prohibited; exceptions.

NRS 426.610           Fair

hearing before hearing officer; judicial review.

ESTABLISHMENT AND OPERATION OF VENDING STANDS ON PUBLIC

PROPERTY

NRS 426.630           Definitions.

NRS 426.640           Operation

of vending stand on public property and property of State Park System by person

who is blind: Purposes; license.

NRS 426.650           Notice

to Bureau by public agency of location of and license, permit and lease for any

vending stand.

NRS 426.660           Acquisition,

construction, remodeling or improvement of public building: Planning for

vending stand.

NRS 426.665           Construction

of building by Bureau; approval of Legislature.

NRS 426.670           Surveys

by Bureau; establishment and licensing of vending stand; training; contracts;

regulations; when department or agency may recover cost or expenses.

NRS 426.675           Business

Enterprise Account for Persons Who Are Blind.

NRS 426.677           Management

of money received from vending facility when operator unavailable or

temporarily unable to conduct business.

NRS 426.680           Review

of recommendation of Bureau if agency rejects establishment of vending stand.

NRS 426.685           Establishment

of vending stand in privately owned building; when owner of building may

recover costs or expenses.

NRS 426.690           Limitation

on commodities and articles sold at vending stand.

NRS 426.695           Operator

of vending stand may keep service animal on premises.

NRS 426.700           Applicability

of laws and ordinances to operator of vending stand.

NRS 426.710           Management

and operation of Vending Stand Program for Persons Who Are Blind by nonprofit

corporation or agency as trustee; reimbursement by operators of vending stands.

NRS 426.715           Penalty

for unlawful sale, solicitation or delivery of certain commodities on public

property; exemptions.

NRS 426.720           Applicability

of provisions to operators of vending stands.

PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONAL

DISABILITIES

NRS 426.721           Definitions.

NRS 426.723           “Minimum

essential personal assistance” defined.

NRS 426.7235         “Nevada

Commission on Services for Persons with Disabilities” defined.

NRS 426.724           “Reasonably

adequate state funding” defined.

NRS 426.725           “Recipient”

defined.

NRS 426.726           “Severe

functional disability” defined.

NRS 426.727           “State

personal assistance program” defined.

NRS 426.728           State

personal assistance programs required to make services available.

NRS 426.729           Duties

of Director of Department of Health and Human Services.

NRS 426.731           Subcommittee:

Creation; membership; terms of members; quorum; duties.

MISCELLANEOUS PROVISIONS

NRS 426.740           Refueling

of vehicle for driver with physical disability; charging greater price for fuel

prohibited; exception; penalty.

PENALTIES

NRS 426.790           Unlawfully

interfering with or allowing dog or other animal to interfere with use of

service animal or service animal in training; unlawfully beating or killing

service animal or service animal in training; penalties.

NRS 426.800           Fraudulent

acts: Penalty; presumption.

NRS 426.805           Fraudulent

misrepresentation of animal as service animal or service animal in training

unlawful; penalty.

NRS 426.810           Allowing

dog or other animal to injure or kill service animal or service animal in

training unlawful; allowing dog or other animal to endanger or injure person

accompanied by service animal or service animal in training unlawful;

penalties.

NRS 426.820           Civil

liability for engaging in certain prohibited acts concerning service animals or

service animals in training.

_________

NOTE:                    Sections 2 to 7, inclusive, of

chapter 181, Statutes of Nevada 2009, at p. 655, have been codified as NRS 427A.121 to 427A.1217, inclusive.

 

GENERAL PROVISIONS

      NRS 426.010  Purposes of chapter.  The

purposes of this chapter are:

      1.  To relieve persons with disabilities

from the distress of poverty;

      2.  To encourage and assist persons with

disabilities in their efforts to render themselves more self-supporting; and

      3.  To enlarge the opportunities of persons

with disabilities to obtain education, vocational training and employment.

      [1:369:1953]—(NRS A 1963, 316; 1993, 2789; 2003, 2629)

      NRS 426.020  Liberal construction.  The

provisions of this chapter shall be liberally construed to effect their objects

and purposes.

      [3:369:1953]—(NRS A 1963, 316)

      NRS 426.031  Definitions.  As

used in this chapter, unless the context otherwise requires, the words and

terms defined in NRS 426.045 to 426.099, inclusive, have the meanings ascribed to them

in those sections.

      (Added to NRS by 1981, 1916; A 1987, 823; 1993, 1616; 1995, 1992; 2003, 2974)

      NRS 426.045  “Bureau” defined.  “Bureau”

means the Bureau of Services to Persons Who Are Blind or Visually Impaired in

the Division.

      (Added to NRS by 1981, 1916; A 1997, 1170)

      NRS 426.061  “Department” defined.  “Department”

means the Department of Employment, Training and Rehabilitation.

      (Added to NRS by 1981, 1916; A 1993, 1616)

      NRS 426.065  “Director” defined.  “Director”

means the Director of the Department.

      (Added to NRS by 1981, 1916)

      NRS 426.068  “Disability” defined.  “Disability”

means, with respect to a person:

      1.  A physical or mental impairment that

substantially limits one or more of the major life activities of the person;

      2.  A record of such an impairment; or

      3.  Being regarded as having such an

impairment.

      (Added to NRS by 2003, 2973)

      NRS 426.071  “Division” defined.  “Division”

means the Rehabilitation Division of the Department.

      (Added to NRS by 1981, 1916)

      NRS 426.082  “Person who is blind” defined.  “Person

who is blind” means any person whose visual acuity with correcting lenses does

not exceed 20/200 in the better eye, or whose vision in the better eye is

restricted to a field which subtends an angle of not greater than 20°.

      (Added to NRS by 1981, 1916)—(Substituted in revision

for NRS 426.041)

      NRS 426.084  “Person who is deaf” defined.  “Person

who is deaf” means any person who, by reason of the loss or impairment of

hearing, has an aural disability which limits, contributes to limiting or

which, if not corrected, will probably result in limiting the activities or

functions of the person.

      (Added to NRS by 1981, 1916; A 2003, 2630)—(Substituted

in revision for NRS 426.055)

      NRS 426.097  “Service animal” defined.  “Service

animal” means an animal that has been trained to assist or accommodate a person

with a disability.

      (Added to NRS by 1995, 1992; A 1999, 2515; 2003, 2630, 2974)

      NRS 426.099  “Service animal in training” defined.  “Service

animal in training” means an animal that is being trained to assist or

accommodate a person with a disability.

      (Added to NRS by 2003, 2973)

NEVADA COMMISSION ON SERVICES FOR PERSONS WITH DISABILITIES

NRS 426.355 to 426.395, inclusive, were moved to NRS 427A.121 to 427A.1217, inclusive.

 

EXPEDITED SERVICE PERMITS

      NRS 426.401  Definitions.  As

used in NRS 426.401 to 426.461,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 426.411, 426.421

and 426.431 have the meanings ascribed to them in

those sections.

      (Added to NRS by 1999, 1158)

      NRS 426.411  “Department” defined.  “Department”

means the Department of Motor Vehicles.

      (Added to NRS by 1999, 1158; A 2001, 2610)

      NRS 426.421  “Expedited service permit” defined.  “Expedited

service permit” means a permit that:

      1.  Is issued by the Department pursuant to

the provisions of NRS 426.441 to a person with a

permanent disability; and

      2.  Entitles the person to expedited

service pursuant to the provisions of NRS 426.451.

      (Added to NRS by 1999, 1158)

      NRS 426.431  “Person with a permanent

disability” defined.  “Person with

a permanent disability” means a person:

      1.  With

a disability which limits or impairs the ability to walk, as defined in NRS 482.3835; and

      2.  Whose disability has been certified by

a licensed physician as irreversible.

      (Added to NRS by 1999, 1158)

      NRS 426.441  Application; issuance; requirements; review of eligibility; fee;

regulations.

      1.  A

person with a permanent disability may apply to the Department for an expedited

service permit. The application must:

      (a) Be

submitted on a form approved by the Department; and

      (b) Include

a statement from a licensed physician certifying that the applicant is a person

with a permanent disability.

      2.  Upon

receipt of a completed application pursuant to subsection 1 and the payment of

any required fee, the Department shall issue a permit to the applicant. The

permit must:

      (a) Set

forth the name and address of the person to whom it is issued;

      (b) Include

a colored photograph of the applicant and the international symbol of access

which must be white on a blue background;

      (c) Include

any other information the Department may require; and

      (d) Be

the same size as a driver’s license issued by the Department pursuant to the

provisions of chapter 483 of NRS.

      3.  A

permit is valid for 10 years after the date of issuance.

      4.  The

Department may:

      (a) At

any time review its determination of whether a holder of a permit is eligible

for issuance of the permit pursuant to the provisions of this section. If the Department

determines that a holder of a permit is not eligible for issuance of the

permit, the Department shall notify the person of that fact in writing. Upon

receipt of the notice, the holder shall, as soon as practicable, surrender the

permit to the Department.

      (b) Charge

a fee for the issuance of a permit pursuant to the provisions of this section.

      (c) Adopt regulations necessary to carry out the

provisions of NRS 426.401 to 426.461,

inclusive.

      (Added to NRS by 1999, 1158; A 2005, 231)

      NRS 426.451  Presentation to officer or employee of state agency; duty of

officer or employee to provide expedited services.

      1.  A person to whom an expedited service

permit is issued pursuant to the provisions of NRS

426.441, or a person who is assisting him or her, may present the permit to

any officer or employee of a state agency who is, at the time the permit is

presented, providing any services of the agency to the public. The permit must

be presented during the regular business hours of the agency.

      2.  Upon presentation of the permit, the

officer or employee to whom the permit is presented shall, before serving any

other person who is waiting to receive services, serve or otherwise accommodate

the person to whom the permit is issued.

      (Added to NRS by 1999, 1159)

      NRS 426.461  Unlawful acts.

      1.  It

is unlawful for a person, other than a person to whom an expedited service

permit is issued pursuant to the provisions of NRS

426.441, to use or attempt to use such a permit to obtain services from a

state agency pursuant to the provisions of NRS 426.451.

      2.  A person who violates a provision of

this subsection is guilty of a misdemeanor.

      (Added to NRS by 1999, 1159)

USE OF SERVICE ANIMALS AND WHITE OR METALLIC CANES

      NRS 426.510  Restrictions on use of service animal and white or metallic

cane; duties of pedestrian; penalty.

      1.  Except as otherwise provided in

subsections 2, 3 and 4, a person shall not:

      (a) Use a service animal; or

      (b) Carry or use on any street or highway or in

any other public place a cane or walking stick which is white or metallic in

color, or white tipped with red.

      2.  A person who is blind may use a service

animal and a cane or walking stick which is white or metallic in color, or

white tipped with red.

      3.  A person who is deaf may use a service

animal.

      4.  A person with a physical disability may

use a service animal.

      5.  Any pedestrian who approaches or

encounters a person who is blind using a service animal or carrying a cane or

walking stick, white or metallic in color, or white tipped with red, shall

immediately come to a full stop and take such precautions before proceeding as

may be necessary to avoid accident or injury to the person who is blind.

      6.  Any person other than a person who is

blind who:

      (a) Uses a service animal or carries a cane or

walking stick such as is described in this section, contrary to the provisions

of this section;

      (b) Fails to heed the approach of a person using

a service animal or carrying such a cane as is described by this section;

      (c) Fails to come to a stop upon approaching or

coming in contact with a person so using a service animal or so carrying such a

cane or walking stick; or

      (d) Fails to take precaution against accident or

injury to such a person after coming to a stop as provided for in this section,

Ê is guilty of

a misdemeanor.

      7.  This section does not apply to any

person who is instructing a person who is blind, person who is deaf or person

with a physical disability or training a service animal.

      [1:58:1939; 1931 NCL § 2323] + [2:58:1939; 1931 NCL §

2323.01] + [3:58:1939; 1931 NCL § 2323.02]—(NRS A 1969, 511; 1981, 670, 1916; 1987, 823; 1995, 1992; 2003, 2630, 2974; 2005, 626)

      NRS 426.515  Failure to use cane or service animal as evidence of

contributory negligence in action against carrier or place of public

accommodation.  The failure of a:

      1.  Person who is blind to carry a white or

metallic colored cane or to use a service animal;

      2.  Person who is deaf to use a service

animal; or

      3.  Person with a physical disability to

use a service animal,

Ê does not

constitute contributory negligence per se, but may be admissible as evidence of

contributory negligence in a personal injury action by that person against a

common carrier or any other means of public conveyance or transportation or a

place of public accommodation as defined by NRS

651.050 when the injury arises from the person who is blind, person who is

deaf or person with a physical disability’s making use of the facilities or

services offered by the carrier or place of public accommodation.

      (Added to NRS by 1971, 807; A 1981, 1917; 1987, 824; 1995, 1993; 2003, 2631; 2005, 627)

BUREAU OF SERVICES TO PERSONS WHO ARE BLIND OR VISUALLY

IMPAIRED

      NRS 426.518  Definitions.  As

used in NRS 426.518 to 426.610,

inclusive, the words and terms defined in NRS 426.519

and 426.520 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2005, 112)

      NRS 426.519  “Administrator” defined.  “Administrator”

means the Administrator of the Division.

      (Added to NRS by 2005, 112)

      NRS 426.520  “Person who is blind” further defined.  “Person

who is blind” means a person described in NRS 426.082

and any person who by reason of loss or impairment of eyesight is unable to

provide himself or herself with the necessities of life, and who has not

sufficient income of his or her own to maintain himself or herself.

      (Added to NRS by 1957, 781; A 1959, 148; 1963, 920;

1965, 771; 1967, 1162; 1973, 1388; 1981, 1917; 2005, 114)

      NRS 426.531  Administration by Department.  The

Department shall administer the provisions of NRS

426.518 to 426.610, inclusive, as the sole

agency in the State for such purpose.

      (Added to NRS by 1973, 1388)

      NRS 426.550  Administrator as head of Bureau; powers and duties of Bureau.

      1.  The Bureau must be headed by the

Administrator.

      2.  The Bureau shall:

      (a) Assist persons who are blind in achieving

physical and psychological orientation, inform persons who are blind of

available services, stimulate and assist persons who are blind in achieving

social and economic independence, and do all things which will ameliorate the

condition of persons who are blind.

      (b) Provide intensive programs of case finding,

education, training, job findings and placement, physical restoration, and such

other services and equipment as may assist in rendering persons who are blind

more self-supporting and socially independent.

      3.  The Bureau may:

      (a) Provide for treatment or operations to

prevent blindness or restore vision to applicants for or recipients of services

to persons who are blind who request and make written application for such

treatment or operation; and

      (b) Pay for all necessary expenses incurred in

connection with the diagnosis and treatment provided under paragraph (a).

Necessary expenses must include the costs of guide service, maintenance while

the patient is away from his or her home, transportation to the eye physician

or hospital and return to his or her home, and the cost of nursing home care

when such care is necessary.

      (Added to NRS by 1957, 782; A 1959, 148; 1963, 318,

1183; 1965, 771; 1967, 1162; 1973, 1388; 1975, 1008; 2005, 114, 627)

      NRS 426.555  Administrator to prepare required reports.  Subject to the approval of the Director, the

Administrator or a representative designated by the Administrator shall prepare

reports for the Federal Government pursuant to the Vocational Rehabilitation Act

Amendments of 1965, Title 29 of U.S.C., as amended, any future amendments

thereof and the regulations promulgated thereunder.

      (Added to NRS by 1967, 803; A 1973, 419, 1389; 1975,

68; 2005, 114)

      NRS 426.560  Regulations.

      1.  Subject to the approval of the

Department, the Division shall direct the Bureau to make administrative

regulations to enforce the provisions of this chapter related to services for

persons who are blind, which regulations must not conflict with the provisions

of this chapter.

      2.  The regulations must recognize that the

needs and problems of persons who are blind are special to them and may differ

materially from the needs and problems of other persons.

      (Added to NRS by 1957, 782; A 1963, 319, 1183; 1965,

771; 1967, 1162; 1973, 1389; 1981, 1918; 2005, 628)

      NRS 426.563  Costs of administration.  Costs

of administration of NRS 426.518 to 426.720, inclusive, shall be paid out on claims

presented by the Bureau in the same manner as other claims against the State

are paid.

      (Added to NRS by 1967, 1579; A 1973, 1389)

      NRS 426.567  State Grant and Gift Account for Persons Who Are Blind.

      1.  All gifts of money which the Bureau is

authorized to accept must be deposited in the State Treasury for credit to the

State Grant and Gift Account for Persons Who Are Blind in the Department of

Employment, Training and Rehabilitation’s Gift Fund.

      2.  The State Grant and Gift Account must

be used for the purposes specified by the donor or for the purpose of carrying

out the provisions of this chapter and other programs or laws administered by

the Bureau.

      3.  All claims must be approved by the

Administrator before they are paid.

      (Added to NRS by 1967, 804; A 1973, 1390; 1979, 621;

1981, 77; 1993,

1617; 2005,

114)

      NRS 426.570  Employees.

      1.  All employees of the Bureau are

directly responsible to the Administrator.

      2.  Such employees must consist of persons

skilled in assisting persons who are blind to achieve social and economic

independence.

      (Added to NRS by 1957, 782; A 1963, 921; 1965, 771;

1973, 1390; 2005,

115)

      NRS 426.573  Disclosure of information concerning applicant for or recipient

of services.  Information with

respect to any individual applying for or receiving services for persons who

are blind shall not be disclosed by the Bureau or any of its employees to any

person, association or body unless such disclosure is related directly to

carrying out the provisions of NRS 426.518 to 426.610, inclusive, or upon written permission of the

applicant or recipient.

      (Added to NRS by 1967, 805; A 1973, 1390; 2005, 628)

      NRS 426.575  Payment of allowance for maintenance to trainee in advance.  When a person who is blind who is eligible to

receive a maintenance allowance while pursuing a training program administered

by the Bureau is accepted for such a training program, the Bureau may in its

discretion pay any installment of such maintenance allowance in advance, based

upon the amount allowed to the person, and adjust any succeeding payment to

reflect actual duration of training during the period for which such advance

was made.

      (Added to NRS by 1967, 876; A 1973, 1391)

      NRS 426.590  Bureau as licensing agency under federal law.  The Bureau is hereby designated as the

licensing agency for the purposes of 20 U.S.C. § 107 (a-f), and acts amendatory

thereto, and the Bureau is authorized to comply with such requirements as may

be necessary to qualify for federal approval and achieve maximum federal

participation in the Vending Stand Program under such federal statutes.

      (Added to NRS by 1957, 782; A 1965, 772; 1973, 1391;

1975, 127)

      NRS 426.600  Denial of services prohibited; exceptions.  No person who is blind who may benefit from

services authorized under NRS 426.518 to 426.610, inclusive, may be denied such services except

the services for which a determination of economic need is required pursuant to

the State Plan for Services to Persons Who Are Blind.

      (Added to NRS by 1957, 782; A 1963, 319; 1967, 1056;

1981, 1904)

      NRS 426.610  Fair hearing before hearing officer; judicial review.

      1.  An applicant for or recipient of

services for persons who are blind who is aggrieved by an act, determination or

omission of the Bureau is entitled, in accordance with regulations, to a fair

hearing before a hearing officer.

      2.  A person aggrieved by the decision of a

hearing officer is entitled to judicial review of the decision in the manner

provided by chapter 233B of NRS.

      (Added to NRS by 1957, 782; A 1959, 148; 1963, 921;

1965, 772; 1967, 1163; 1973, 1391; 1989, 1654; 2005, 628)

ESTABLISHMENT AND OPERATION OF VENDING STANDS ON PUBLIC

PROPERTY

      NRS 426.630  Definitions.  As

used in NRS 426.630 to 426.720,

inclusive, unless the context otherwise requires:

      1.  “Operator” means the individual person

who is blind who is responsible for the day-to-day operation of the vending

stand.

      2.  “Public building” or “property” means

any building, land or other real property, owned, leased or occupied by any

department or agency of the State or any of its political subdivisions except

public elementary and secondary schools, the Nevada System of Higher Education,

the Nevada State Park System and the Department of Corrections.

      3.  “Vending stand” means:

      (a) Such buildings, shelters, counters, shelving,

display and wall cases, refrigerating apparatus and other appropriate auxiliary

equipment as are necessary or customarily used for the vending of such articles

or the provision of such services as may be approved by the Bureau and the department

or agency having care, custody and control of the building or property in or on

which the vending stand is located;

      (b) Manual or coin-operated vending machines or

similar devices for vending such articles, operated in a particular building,

even though no person is physically present on the premises except to service

the machines;

      (c) A cafeteria or snack bar for the dispensing

of foodstuffs and beverages; or

      (d) Portable shelters which can be disassembled

and reassembled, and the equipment therein, used for the vending of approved

articles, foodstuffs or beverages or the provision of approved services.

      (Added to NRS by 1959, 169; A 1961, 330; 1963, 921;

1965, 772; 1967, 1163; 1969, 1448; 1973, 73, 1392, 1495; 1981, 1918; 1985, 2313; 1987, 1741; 1993, 401; 2001

Special Session, 239)

      NRS 426.640  Operation of vending stand on public property and property of

State Park System by person who is blind: Purposes; license.  For the purposes of providing persons who are

blind with remunerative employment, enlarging the economic opportunities of

persons who are blind and stimulating persons who are blind to greater efforts

to make themselves self-supporting with independent livelihoods, such persons

licensed under the provisions of NRS 426.630 to 426.720, inclusive, by the Bureau:

      1.  Have priority of right to operate

vending stands in or on any public buildings or properties where the locations

are determined to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.720,

inclusive.

      2.  May operate vending stands in or on

buildings or properties of the Nevada State Park System, with the approval of

the Administrator of the Division of State Parks, on a parity with any other

vendor.

      (Added to NRS by 1959, 169; A 1963, 922; 1965, 773;

1973, 73, 1393; 1985,

2313)

      NRS 426.650  Notice to Bureau by public agency of location of and license,

permit and lease for any vending stand.  Each

head of the department or agency in charge of the maintenance of public

buildings or properties shall:

      1.  Not later than July 1, 1959, notify the

Bureau in writing of any and all existing locations where vending stands are in

operation or where vending stands might properly and satisfactorily be

operated.

      2.  Not less than 30 days prior to the

reactivation, leasing, re-leasing, licensing or issuance of permit for

operation of any vending stand, inform the Bureau of such contemplated action.

      3.  Inform the Bureau of any locations

where such vending stands are planned or might properly and satisfactorily be

operated in or about other public buildings or properties as may now or

thereafter come under the jurisdiction of the department or agency for

maintenance, such information to be given not less than 30 days prior to

leasing, re-leasing, licensing or issuance of permit for operation of any

vending stand in such public building or on such property.

      (Added to NRS by 1959, 170; A 1963, 922; 1965, 773;

1973, 1393)

      NRS 426.660  Acquisition, construction, remodeling or improvement of public

building: Planning for vending stand.  To

effectuate further the purposes of NRS 426.630 to 426.720, inclusive, when new construction, remodeling,

leasing, acquisition or improvement of public buildings or properties is

authorized, consideration must be given to planning and making available

suitable space and facilities for vending stands to be operated by persons who

are blind. Written notice must be given to the Bureau by the person or agency

having charge of the planning and design of any such project:

      1.  At least once each year in the case of

projects proposed for a municipal airport or air navigation facilities owned or

operated under the provisions of chapter 496

of NRS or an airport owned or operated by the Reno-Tahoe Airport Authority.

      2.  Within 30 days after the commencement

of the planning and design of the project for all other projects.

      (Added to NRS by 1959, 170; A 1973, 73, 1393; 1989, 1596)

      NRS 426.665  Construction of building by Bureau; approval of Legislature.  If a suitable location is available for a

vending stand which requires the construction of a permanent building, the

Bureau may construct such building, but only after obtaining approval of the

Legislature.

      (Added to NRS by 1961, 330; A 1965, 773; 1973, 1393)

      NRS 426.670  Surveys by Bureau; establishment and licensing of vending stand;

training; contracts; regulations; when department or agency may recover cost or

expenses.

      1.  The Bureau shall:

      (a) Make surveys of public buildings or

properties to determine their suitability as locations for vending stands to be

operated by persons who are blind and advise the heads of departments or

agencies charged with the maintenance of the buildings or properties of its

findings.

      (b) With the consent of the respective heads of

departments or agencies charged with the maintenance of the buildings or

properties, establish vending stands in those locations which the Bureau has

determined to be suitable. Except as otherwise provided in subsection 4, the

Bureau may enter into leases, licensing agreements or other contracts or

agreements therefor.

      (c) Select, train, license and assign qualified

persons who are blind to manage or operate vending stands or do both.

      (d) Except as otherwise provided in this

paragraph, execute contracts or agreements with persons who are blind to manage

or operate vending stands or do both. The agreements may concern finances,

management, operation and other matters concerning the stands. The Bureau shall

not execute a contract or agreement which obligates the Bureau, under any

circumstances, to make payments on a loan to a person who is blind.

      (e) When the Bureau deems such action

appropriate, impose and collect license fees for the privilege of operating

vending stands.

      (f) Establish and effectuate such regulations as

it may deem necessary to ensure the proper and satisfactory operation of vending

stands. The regulations must provide a method for setting aside money from the

revenues of vending stands and provide for the payment and collection thereof.

      2.  The Bureau may enter into contracts

with vendors for the establishment and operation of vending stands. These

contracts must include provisions for the payment of commissions to the Bureau

based on revenues from the vending stands. The Bureau may assign the

commissions to licensed operators for the maintenance of their incomes.

      3.  The Bureau may, by regulation, provide:

      (a) Methods for recovering the cost of

establishing vending stands.

      (b) Penalties for failing to file reports or make

payments required by NRS 426.630 to 426.720, inclusive, or a regulation adopted pursuant

to those sections when they are due.

      4.  A department or agency that has care,

custody and control of a public building or property in or on which a vending

stand is established:

      (a) Shall not require the Bureau or the operator

of the vending stand to pay any rent, fee or assessment that is based on the

square footage of the portion of the building or property where the vending

stand is located. Such a prohibited fee or assessment includes, without

limitation, a fee for the maintenance of landscaping or a common area.

      (b) May enter into an agreement with the Bureau

to recover the increases in utility costs or other expenses where there is a

direct, measurable and proportional increase in such costs or expenses as a

result of the operation of the vending stand.

Ê Any

provision in a lease, licensing agreement, contract or other agreement relating

to a vending stand established pursuant to this section that conflicts with

this subsection is void.

      (Added to NRS by 1959, 170; A 1961, 331; 1963, 923;

1965, 774; 1973, 74, 1394; 1975, 199; 1983, 298; 1993, 103; 2013, 827)

      NRS 426.675  Business Enterprise Account for Persons Who Are Blind.

      1.  The Business Enterprise Account for

Persons Who Are Blind is hereby created within the State General Fund and must

be managed by the Administrator of the Division.

      2.  Money received by the Bureau under the

provisions of NRS 426.670, except commissions

assigned to licensed vending stand operators, must:

      (a) Be deposited in the Business Enterprise

Account for Persons Who Are Blind.

      (b) Except as otherwise provided in subsection 4,

remain in the Account and not revert to the State General Fund.

      (c) Be used for:

             (1) Purchasing, maintaining or replacing

vending stands or the equipment therein;

             (2) Maintaining a stock of equipment,

parts, accessories and merchandise used or planned for use in the Vending Stand

Program; and

             (3) Other purposes, consistent with NRS 426.640, as may be provided by regulation.

      3.  Purchases made pursuant to paragraph

(c) of subsection 2 are exempt from the provisions of the State

Purchasing Act at the discretion of the Administrator of the Purchasing

Division of the Department of Administration or his or her designated

representative, but the Bureau shall:

      (a) Maintain current inventory records of all

equipment, parts, accessories and merchandise charged to the Business

Enterprise Account for Persons Who Are Blind;

      (b) Conduct a periodic physical count of all such

equipment, parts, accessories and merchandise; and

      (c) Reconcile the results of the periodic

physical count with the inventory records and cash balance in the Account.

      4.  If the Business Enterprise Account for

Persons Who Are Blind is dissolved or the Vending Stand Program is terminated,

the Administrator of the Division shall, within 60 days after the dissolution

or termination:

      (a) Provide an accounting of the money remaining

in the Account to all licensed vending stand operators; and

      (b) Distribute any money remaining in the Account

to each such operator in the same proportion as the money deposited in the

Account and attributable to that operator bears to all the money remaining in

the Account.

Ê The Division

shall, in consultation with the Nevada Committee of Blind Vendors or its

successor organization, adopt regulations to carry out the provisions of this

subsection.

      5.  Money from any source which may

lawfully be used for the Vending Stand Program may be transferred or deposited

by the Bureau to the Business Enterprise Account for Persons Who Are Blind.

      6.  The interest and income earned on the

money in the Business Enterprise Account for Persons Who Are Blind, after

deducting any applicable charges, must be credited to the Account.

      (Added to NRS by 1961, 330; A 1963, 923; 1965, 774;

1973, 74, 1394; 1975, 199; 1977, 44; 1983, 1585; 1989, 1471; 1993, 1618; 2005, 115; 2013, 828)

      NRS 426.677  Management of money received from vending facility when operator

unavailable or temporarily unable to conduct business.

      1.  The Bureau may, in interim periods when

a licensee who is blind is not available to operate a vending facility and its

continuous operation is required, establish a checking account in a depository

bank or credit union qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from the

vending facility during the interim period must be deposited to the account,

and all expenses necessary to maintain the interim operation of the facility must

be paid from the account.

      2.  If the licensee who is blind who

operated the facility returns after a temporary disability, the Bureau shall

prepare a financial report and close the checking account by making a check in

the amount of any balance remaining in the account payable to the licensee.

      3.  If a licensee who is blind, other than

the one who previously operated the facility, is permanently assigned to it,

the Bureau shall prepare a financial report and close the checking account by

making a check in the amount of any balance remaining in the account payable to

the Business Enterprise Account for Persons Who Are Blind.

      (Added to NRS by 1979, 330; A 1989, 1472; 1999, 1495)

      NRS 426.680  Review of recommendation of Bureau if agency rejects

establishment of vending stand.

      1.  If, after a vending stand survey as

authorized by NRS 426.670, the head of a department

or agency in charge of the maintenance of any public building or property

rejects or does not act upon a written recommendation of the Bureau that a

vending stand be established or operated for the employment of persons who are

blind, the matter must be referred to the Director of the Department of

Employment, Training and Rehabilitation for review.

      2.  After reviewing the recommendation of

the Bureau, the Director may refer the matter to the head of the department or

agency concerned for further review and disposition.

      3.  If the Director is not satisfied with

the decision of the head of the department or agency concerned, the Director

may refer the matter for final decision and disposition to:

      (a) The Governor, in the case of state buildings

or properties.

      (b) The board of county commissioners, in the

case of county buildings or properties.

      (c) The city council or other governing board of

the municipality in the case of municipal buildings or properties.

      (d) The governing board of the political

subdivision in the case of buildings or properties of other political

subdivisions of this State.

      (Added to NRS by 1959, 170; A 1963, 923; 1965, 774;

1967, 1164; 1973, 1395; 1993, 1618)

      NRS 426.685  Establishment of vending stand in privately owned building; when

owner of building may recover costs or expenses.

      1.  The Bureau may establish vending stands

in privately owned buildings, if the building owner in each instance consents and

enters into a contract or other agreement approved by the Bureau.

      2.  The owner of a building in which a

vending stand is established pursuant to subsection 1:

      (a) Shall not require the Bureau or the operator

of the vending stand to pay any rent, fee or assessment that is based on the

square footage of the portion of the building or property where the vending

stand is located. Such a prohibited fee or assessment includes, without

limitation, a fee for the maintenance of landscaping or a common area.

      (b) May enter into an agreement with the Bureau

to recover the increases in utility costs or other expenses where there is a

direct, measurable and proportional increase in such costs or expenses as a

result of the operation of the vending stand.

Ê Any provision

in a contract or other agreement relating to a vending stand established

pursuant to subsection 1 that conflicts with this subsection is void.

      (Added to NRS by 1973, 72; A 1973, 1406; 2013, 829)

      NRS 426.690  Limitation on commodities and articles sold at vending stand.  Vending stands operated under the provisions

of NRS 426.630 to 426.720,

inclusive, shall be used solely for the vending of such commodities and

articles as may be approved by the Bureau and by the head of the department or

agency in charge of the maintenance of the building or property in or on which

such stand is operated.

      (Added to NRS by 1959, 171; A 1963, 924; 1965, 775;

1973, 1395)

      NRS 426.695  Operator of vending stand may keep service animal on premises.  Persons who are blind who operate a vending

stand pursuant to the provisions of NRS 426.630 to 426.720, inclusive, may keep a service animal with

them at all times on the premises where that vending stand is located.

      (Added to NRS by 1973, 1496; A 1995, 1993; 2005, 628)

      NRS 426.700  Applicability of laws and ordinances to operator of vending

stand.  The operator of each

vending stand operated under the provisions of NRS

426.630 to 426.720, inclusive, shall be subject

to:

      1.  The provisions of any and all laws and

ordinances applying within the territory within which such stand is located,

including those requiring a license or permit for the conduct of such business

or any particular aspect thereof.

      2.  The provisions of chapter 446 of NRS.

      (Added to NRS by 1959, 171; A 1961, 331)

      NRS 426.710  Management and operation of Vending Stand Program for Persons

Who Are Blind by nonprofit corporation or agency as trustee; reimbursement by

operators of vending stands.  The

Bureau may, in its discretion, utilize appropriate nonprofit corporations

organized under the laws of this State, or other agencies, as trustees to

provide day-to-day management and operation services for the Vending Stand

Program for Persons Who Are Blind. Such corporations or agencies must be

reimbursed for their actual and necessary expenses by the operators of the

vending stand units which compose the Vending Stand Program in accordance with

such rules and regulations as may be adopted by the Bureau and approved by the

Department.

      (Added to NRS by 1959, 171; A 1963, 924; 1965, 775;

1967, 1164; 1973, 1395; 1993, 1619)

      NRS 426.715  Penalty for unlawful sale, solicitation or delivery of certain

commodities on public property; exemptions.  Any

person who sells, solicits orders for or delivers, in any public building or on

any public land, any commodity which a vendor who is blind is authorized by the

Bureau to sell is guilty of a misdemeanor except:

      1.  A person licensed by or under contract

to the Bureau;

      2.  A person who delivers a commodity to a

vendor who is blind or for the account of a vendor who is blind;

      3.  A person who is raising money for the

charitable activities of a corporation organized for educational, religious,

scientific, charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;

      4.  Public employees jointly sharing in the

cost of coffee or other beverages purchased by them for their own use, if there

is no commercial arrangement for the delivery of products and supplies to the

building or land;

      5.  A person who is catering an event

inside or otherwise delivering food or beverages to the Legislative Building;

or

      6.  A person who is authorized to conduct

such an activity under the terms of a contract, lease or other arrangement with

a municipality pursuant to NRS 496.090.

      (Added to NRS by 1985, 890; A 1987, 768; 1991, 1316; 2003, 2095)

      NRS 426.720  Applicability of provisions to operators of vending stands.

      1.  Persons operating vending stands in

public buildings or on public properties as defined in NRS

426.630 prior to March 13, 1959, shall not be affected by the provisions of

NRS 426.630 to 426.720,

inclusive, except and only insofar as provided by subsection 2 of NRS 426.650.

      2.  Any person who is blind who is

presently operating a vending stand in or on public buildings or properties who

desires to avail himself or herself of the advantages of the Program authorized

by NRS 426.630 to 426.720,

inclusive, shall have the right to do so, and in such instance, the Bureau may

negotiate and consummate arrangements for the purchase of such vending stand

equipment as it may deem necessary for the satisfactory operation of the

vending stand.

      (Added to NRS by 1959, 171; A 1963, 924; 1965, 775;

1973, 1395)

PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONAL

DISABILITIES

      NRS 426.721  Definitions.  As

used in NRS 426.721 to 426.731,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 426.723 to 426.727,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 3106; A 2009, 659)

      NRS 426.723  “Minimum essential personal assistance” defined.  “Minimum essential personal assistance” means

the assistance of a person with a severe functional disability for 6 hours or

less per day in:

      1.  Eating;

      2.  Bathing;

      3.  Toileting;

      4.  Dressing;

      5.  Moving about; and

      6.  Taking care of himself or herself.

      (Added to NRS by 2001, 3106)

      NRS 426.7235  “Nevada Commission on Services for Persons with Disabilities”

defined.  “Nevada Commission on

Services for Persons with Disabilities” means the Nevada Commission on Services

for Persons with Disabilities created by NRS

427A.1211.

      (Added to NRS by 2009, 655)

      NRS 426.724  “Reasonably adequate state funding” defined.  “Reasonably adequate state funding” means the

amount of state funding that can reasonably be accommodated within state

budgetary limitations, as determined by the Governor and the Legislature for

each biennial session of the Legislature.

      (Added to NRS by 2001, 3106)

      NRS 426.725  “Recipient” defined.  “Recipient”

means a recipient of minimum essential personal assistance through a state

personal assistance program.

      (Added to NRS by 2001, 3106)

      NRS 426.726  “Severe functional disability” defined.  “Severe

functional disability” means:

      1.  Any physical or mental condition

pursuant to which a person is unable, without substantial assistance from

another person, to eat, bathe and toilet.

      2.  A traumatic brain injury.

      (Added to NRS by 2001, 3106; A 2007, 155)

      NRS 426.727  “State personal assistance program” defined.  “State personal assistance program” means a

program established pursuant to NRS 422.396,

427A.250 or 427A.793.

      (Added to NRS by 2001, 3106; A 2003, 2631; 2009, 2377)

      NRS 426.728  State personal assistance programs required to make services

available.

      1.  Each state personal assistance program

must make available, within a reasonable period after receiving a request

therefor and in accordance with any conditions upon the receipt of federal

funding and considering the amount of reasonably adequate state funding,

community-based services to provide minimum essential personal assistance to

residents of this State with severe functional disabilities who would, with the

provision of that assistance, be able to live safely and independently in their

communities outside of an institutional setting.

      2.  The provisions of NRS 426.721 to 426.731,

inclusive, must not be construed to:

      (a) Prevent a person with a severe functional

disability from receiving more than 6 hours of minimum essential personal

assistance per day from a state personal assistance program if such assistance

is available pursuant to the program; or

      (b) Prevent a person with a disability other than

a severe functional disability from receiving services from a state personal

assistance program if such assistance is available pursuant to the program.

      (Added to NRS by 2001, 3106)

      NRS 426.729  Duties of Director of Department of Health and Human Services.  The Director of the Department of Health and

Human Services, in consultation with the Nevada Commission on Services for

Persons with Disabilities shall:

      1.  Determine the amount of state funding

necessary each biennium to carry out NRS 426.728.

      2.  Ensure that the amount of funding

determined to be necessary pursuant to subsection 1 is included in the

budgetary request of the appropriate department or agency for the biennium, and

that the budgetary request includes funding for any increase in the number of

cases handled by the state personal assistance programs.

      3.  Establish a program to govern the

services provided to carry out NRS 426.728, within

the limitations of any conditions upon the receipt of state or federal funding,

including:

      (a) Minimum standards for the provision of

minimum essential personal assistance, including, to the extent authorized by

state and federal law, the provision of services in accordance with NRS 629.091;

      (b) Minimum qualifications and training

requirements for providers of minimum essential personal assistance;

      (c) Standards for the financial operation of

providers of minimum essential personal assistance;

      (d) The development of an individual service plan

for the provision of minimum essential personal assistance to each recipient;

      (e) Procedures to appeal the denial or

modification of an individual service plan for the provision of minimum

essential personal assistance and to resolve any disputes regarding the

contents of such a plan;

      (f) Continuous monitoring of the adequacy and

effectiveness of the provision of minimum essential personal assistance to each

recipient;

      (g) Mandatory requirements and procedures for

reporting the abuse, neglect or exploitation of a recipient;

      (h) The receipt of meaningful input from

recipients, including surveys of recipients, regarding the extent to which

recipients are receiving the services described in their individual service

plans and their satisfaction with those services; and

      (i) Continuing procedures for soliciting public

input regarding the development, implementation and review of the program.

      4.  Review and modify the program

established pursuant to subsection 3 as appropriate to provide recipients with

as much independence and control over the provision of minimum essential

personal assistance as is feasible.

      5.  Submit to each regular session of the

Legislature and make available to members of the public any recommendations for

legislation to carry out NRS 426.728 and to carry

out or improve the program established pursuant to subsection 3.

      (Added to NRS by 2001, 3107; A 2003, 2631; 2007, 155; 2009, 659)

      NRS 426.731  Subcommittee: Creation; membership; terms of members; quorum;

duties.

      1.  The Subcommittee on Personal Assistance

for Persons with Severe Functional Disabilities of the Nevada Commission on

Services for Persons with Disabilities is hereby created.

      2.  The Nevada Commission on Services for

Persons with Disabilities shall:

      (a) Solicit recommendations for the appointment

of members to the Subcommittee from organizations that are representative of a

broad range of persons with disabilities and organizations interested in the

provision of personal services to persons with functional disabilities.

      (b) Appoint to the Subcommittee such members as

the Nevada Commission on Services for Persons with Disabilities deems

appropriate to represent a broad range of persons with disabilities from

diverse backgrounds, including, without limitation, one or more persons who are

representative of:

             (1) Seniors with disabilities.

             (2) The Statewide Independent Living Council

established in this State pursuant to 29 U.S.C. § 796d.

             (3) The State Council on Developmental

Disabilities established in this State pursuant to section 125 of the

Developmental Disabilities Assistance and Bill of Rights Act of 2000.

             (4) Centers for independent living

established in this State.

             (5) Providers of personal services to

persons with disabilities, including providers who receive state funding for

that purpose.

             (6) Persons with disabilities who receive

personal assistance services.

      3.  The majority of the members of the

Subcommittee must be persons with disabilities.

      4.  After the initial term, the term of

each member is 2 years.

      5.  Members of the Subcommittee serve

without compensation.

      6.  A majority of the members of the Subcommittee

constitutes a quorum for the transaction of business, and a majority of a

quorum present at any meeting is sufficient for any official action taken by

the Subcommittee.

      7.  The Subcommittee shall:

      (a) At its first meeting and annually thereafter,

elect a Chair from among its members.

      (b) Meet at the call of the Director of the

Department of Health and Human Services, the Chair of the Nevada Commission on

Services for Persons with Disabilities, the Chair of the Subcommittee or a

majority of its members quarterly or as is necessary to carry out the

provisions of NRS 426.728.

      (Added to NRS by 2001, 3108; A 2003, 2632; 2009, 660)

MISCELLANEOUS PROVISIONS

      NRS 426.740  Refueling of vehicle for driver with physical disability;

charging greater price for fuel prohibited; exception; penalty.

      1.  Every person who operates a service

station or retail store which sells fuel for motor vehicles to the public

shall, upon request, refuel a vehicle for a driver with a physical disability.

      2.  The price of the fuel charged to such a

driver must not be greater than the price which would be charged to any other

person for the fuel if that person had personally refueled the vehicle.

      3.  This section does not apply to a

service station or a retail store which sells fuel if the service station or

retail store does not provide a person to refuel the motor vehicles of its

customers.

      4.  A person who violates any provision of

this section is guilty of a misdemeanor.

      (Added to NRS by 1987, 545; A 2003, 2633)

PENALTIES

      NRS 426.790  Unlawfully interfering with or allowing dog or other animal to

interfere with use of service animal or service animal in training; unlawfully

beating or killing service animal or service animal in training; penalties.

      1.  A person shall not:

      (a) Without legal justification, interfere with,

or allow a dog or other animal the person owns, harbors or controls to

interfere with, the use of a service animal or service animal in training by

obstructing, intimidating or otherwise jeopardizing the safety of the service

animal or service animal in training or the person using the service animal or

service animal in training.

      (b) Willfully and maliciously beat a service

animal or service animal in training.

      (c) Willfully and maliciously kill a service

animal or service animal in training.

      2.  Unless a greater penalty is provided in

NRS 206.150, a person who violates:

      (a) Paragraph (a) of subsection 1 is guilty of a

gross misdemeanor.

      (b) Paragraph (b) of subsection 1 is guilty of a

category E felony and shall be punished as provided in NRS 193.130.

      (c) Paragraph (c) of subsection 1 is guilty of a

category D felony and shall be punished as provided in NRS 193.130.

      3.  A person who violates paragraph (a),

(b) or (c) of subsection 1 is, in addition to any criminal penalty that may be

imposed, civilly liable to the person against whom the violation was committed

as provided in NRS 426.820.

      4.  In addition to any other penalty, the

court shall order a person convicted of a violation of paragraph (a), (b) or

(c) of subsection 1 to pay restitution to the person who has the disability or

the person who has custody or ownership of the service animal or service animal

in training for any veterinary bills, and for the replacement cost of the

service animal or service animal in training if it was killed or disabled or

has become mentally or physically unable to perform its duties. The restitution

must cover all costs for aides, assistance, transportation and other hardships

incurred during the absence, and until the replacement, of the service animal

or service animal in training.

      (Added to NRS by 1981, 1916; A 1987, 824; 1995, 1993; 1999, 2516; 2001, 2891; 2003, 2975; 2005, 628)

      NRS 426.800  Fraudulent acts: Penalty; presumption.

      1.  Except as otherwise provided in NRS 426.461, a person who knowingly obtains or

attempts to obtain, or aids or abets any person to obtain by means of a

willfully false statement or representation or by impersonation, or other

fraudulent device, services to which he or she is not entitled, or services

greater than those to which he or she is entitled, with the intent to defeat

the purposes of this chapter, is guilty of a gross misdemeanor.

      2.  For the purposes of subsection 1, if a

recipient of services pursuant to the provisions of this chapter receives an

overpayment for the third time and the overpayments have resulted from a false

statement or representation by the recipient or from the failure of the

recipient to notify the Bureau of a change in his or her circumstances which

would affect the amount of services the person receives, a rebuttable

presumption arises that the payment was fraudulently received.

      (Added to NRS by 1969, 483; A 1973, 1406; 1975, 1009;

1993, 1619;

1999, 1159)

      NRS 426.805  Fraudulent misrepresentation of animal as service animal or

service animal in training unlawful; penalty.

      1.  It is unlawful for a person to

fraudulently misrepresent an animal as a service animal or service animal in

training.

      2.  A person convicted of fraudulently

misrepresenting an animal as a service animal or service animal in training is guilty

of a misdemeanor and shall be punished by a fine of not more than $500.

      (Added to NRS by 2005, 626)

      NRS 426.810  Allowing dog or other animal to injure or kill service animal or

service animal in training unlawful; allowing dog or other animal to endanger

or injure person accompanied by service animal or service animal in training

unlawful; penalties.

      1.  It is unlawful for a person to allow a

dog or other animal that the person owns, harbors or controls to cause injury

to or the death of any service animal or service animal in training, or to

endanger or cause injury to a person who has a disability and is accompanied by

a service animal or a person who trains service animals and is accompanied by a

service animal in training.

      2.  Any person, including, without

limitation, any firm, association or corporation, who violates the provisions

of subsection 1:

      (a) Is guilty of a misdemeanor and shall be

punished by a fine of not more than $500; and

      (b) In addition to any criminal penalty that may

be imposed, is civilly liable to the person against whom the violation was

committed as provided in NRS 426.820.

      3.  In addition to any other penalty, the

court shall order a person convicted of a violation of subsection 1 to pay

restitution to the person who has the disability or the person who has custody

or ownership of the service animal or service animal in training for any

veterinary bills, and for the replacement cost of the service animal or service

animal in training if it was killed or disabled or has become mentally or

physically unable to perform its duties. The restitution must cover all costs

for aides, assistance, transportation and other hardships incurred during the

absence, and until the replacement, of the service animal or service animal in

training.

      (Added to NRS by 2003, 2973; A 2005, 629)

      NRS 426.820  Civil liability for engaging in certain prohibited acts concerning

service animals or service animals in training.

      1.  In addition to any criminal penalty

that may be imposed, any person, including, without limitation, any firm,

association or corporation, who violates the provisions of paragraph (a), (b)

or (c) of subsection 1 of NRS 426.790 or subsection

1 of NRS 426.810 is civilly liable to the person

against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by

a jury, or by a court sitting without a jury, which must not be more than three

times the amount of actual damages, except that in no case may the punitive

damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by

the court.

      2.  The remedies provided in this section

are nonexclusive and are in addition to any other remedy provided by law,

including, without limitation, any action for injunctive or other equitable

relief available to the aggrieved person or brought in the name of the people

of this State or the United States.

      (Added to NRS by 2003, 2973; A 2005, 629)