Assembly Bill No. 202

Assembly Bill No. 202-Assemblymen Krenzer, Arberry, Goldwater, Evans, Manendo, Ernaut, Perkins, Anderson, Bache, Buckley, Williams, Giunchigliani, Parks, Hettrick, Nolan, Price, Sandoval, Collins, Freeman, Braunlin, Koivisto, Gustavson, de Braga, Close, Amodei, Ohrenschall, Humke, Segerblom, Lee, Mortenson, Chowning, Von Tobel and Herrera

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AN ACT relating to public places; expanding the public places to which a service animal in training must be allowed entry; and providing other matters properly relating thereto.

[Approved April 30, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 651.075 is hereby amended to read as follows:
651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal;
(b) Refuse admittance or service to a person training such an animal; [or]
(c) Refuse to permit an employee of the place of public accommodation who is training such an animal to bring the animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public; or
(d) Charge an additional fee for such an animal.
2. A place of accommodation may require proof that an animal is a guide dog, hearing dog, helping dog or other service animal, or that a person is training such an animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a trainer of such an animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs or school for helping dogs.
3. A guide dog, hearing dog, helping dog or other service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve a person with a disability or a person who trains such an animal from liability for damage caused by his guide dog, hearing dog, helping dog or other service animal.
5. Persons with disabilities who are accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. For the purposes of this section, the terms "guide dog," "hearing dog," "helping dog" and "service animal" have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 2. NRS 651.080 is hereby amended to read as follows:
651.080 1. Any person is guilty of a misdemeanor who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 [;] or 651.075;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 [;] or 651.075; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 [.] or 651.075.
2. A prosecution for violation of a local ordinance authorized by NRS 651.100 [shall] is a bar to any prosecution [under] pursuant to this section.
Sec. 3. NRS 651.090 is hereby amended to read as follows:
651.090 1. Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 [;] or 651.075;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 [;] or 651.075; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 [,] or 651.075,
is liable to the person whose rights [under] pursuant to NRS 651.070 or 651.075 are affected for actual damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.
2. In an action brought [under] pursuant to this section, the court may:
(a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.
(b) Award costs and reasonable attorney's fees to the prevailing party.
Sec. 4. NRS 651.100 is hereby amended to read as follows:
651.100 Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights or privileges secured by NRS 651.070 [, but no] or 651.075, but such an ordinance [may] must not apply to any establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than that provided by NRS 651.075 or 651.080. A prosecution [under] pursuant to NRS 651.075 or 651.080 [shall] is a bar to any prosecution [under] pursuant to an ordinance authorized by this section.
Sec. 5. NRS 651.120 is hereby amended to read as follows:
651.120 [No] A criminal or civil action authorized by NRS 651.075, 651.080, 651.090 or 651.100 may not be brought after the expiration of 1 year from the date of the act complained of. When a complaint is filed with the Nevada equal rights commission pursuant to NRS 651.110, the limitation provided by this section is tolled as to any action authorized by NRS 651.075, 651.080, 651.090 or 651.100 during the pendency of such complaint before the commission. For the purposes of this section, a complaint is pending before the commission until the time expires for filing a petition for judicial review of the final decision of the commission on the complaint or, if proceedings for such review are instituted, then until the proceedings are completed.
Sec. 6. NRS 704.145 is hereby amended to read as follows:
704.145 1. It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a visually, aurally or physically handicapped person because he is accompanied by a guide dog, hearing dog, helping dog or other service animal; [or]
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
2. This section does not relieve a visually, aurally or physically handicapped person or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his [guide dog, hearing dog, helping dog or other service] animal.
3. Visually, aurally or physically handicapped persons accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms "guide dog," "hearing dog," "helping dog" and "service animal" have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 7. NRS 706.366 is hereby amended to read as follows:
706.366 1. It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a visually, aurally or physically handicapped person because he is accompanied by a guide dog, hearing dog, helping dog or other service animal; [or]
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
2. This section does not relieve a visually, aurally or physically handicapped person or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his [guide dog, hearing dog, helping dog or other service] animal.
3. Visually, aurally or physically handicapped persons accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms "guide dog," "hearing dog," "helping dog" and "service animal" have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
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