SB164_EN

Senate Bill No. 164–Committee on Human
Resources and Facilities

CHAPTER..........

AN ACT relating to persons with disabilities; creating the Office of Disability Services within the Department of Human Resources; requiring the Office to serve as the agency of State Government for persons to obtain information concerning any service or program available to persons with disabilities in this state; requiring the Office to coordinate services and programs available to persons with disabilities among state and local governmental agencies; requiring the Office to administer certain programs available in this state for persons with disabilities; making various changes concerning the program to provide devices for telecommunication to persons with impaired speech or hearing; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 422.396 is hereby amended to read as follows:

422.396 1. The Department, through a division of the

Department designated by the Director, shall establish and

administer a program to provide community-based services

necessary to enable a person with a physical disability to remain in

his home or with his family and avoid placement in a facility for

long-term care. The Department shall [contract with the Department

of Employment, Training and Rehabilitation to] coordinate the

provision of community-based services pursuant to this section.

2. The Department shall apply to the Secretary of Health and

Human Services for a waiver granted pursuant to 42 U.S.C. §

1396n(c) that authorizes the Department to amend the State Plan for

Medicaid adopted by the Department pursuant to NRS 422.271 in

order to authorize the Department to include as medical assistance

under the State Plan the following services for persons with physical

disabilities:

(a) Respite care;

(b) Habilitation;

(d) Environmental modifications;

(e) Supported living;

(f) Supported living habilitation;

(g) Supported personal care; and

(h) Any other community-based services approved by the

Secretary of Health and Human Services.

The Department shall cooperate with the Federal Government in

obtaining a waiver pursuant to this subsection.

3. The Department may use personnel of the Department or it

may contract with any appropriate public or private agency,

organization or institution to provide the community-based

services necessary to enable a person with a physical disability to

remain in his home or with his family and avoid placement in a

facility for long-term care.

4. A contract entered into with a public or private agency,

organization or institution pursuant to subsection 3 must:

(a) Include a description of the type of service to be provided;

(b) Specify the price to be paid for each service and the method

of payment; and

the service.

5. The Department shall [, in consultation with Department of

Employment, Training and Rehabilitation,] adopt regulations

necessary to carry out the provisions of this section, including,

without limitation, the criteria to be used in determining eligibility

for the services provided pursuant to the program. Before adopting

regulations pursuant to this section, the Department shall solicit

comments from persons with a variety of disabilities and members

of the families of those persons.

Sec. 1.5. Chapter 426 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 11, inclusive, of this

act.

Sec. 2. As used in sections 2 to 11, inclusive, of this act,

unless the context otherwise requires, the words and terms defined

in sections 3 and 4 of this act have the meanings ascribed to them

in those sections.

Sec. 3. “Department” means the Department of Human

Resources.

Sec. 4. “Office” means the Office of Disability Services

created pursuant to section 5 of this act.

Sec. 5. The Office of Disability Services is hereby created

within the Department. The Office shall:

1. Provide access to information about services or programs

for persons with disabilities that are available in this state.

2. Work with persons with disabilities, persons interested in

matters relating to persons with disabilities and state and local

governmental agencies in:

(a) Developing and improving policies of this state concerning

programs or services for persons with disabilities, including,

without limitation, policies concerning the manner in which

complaints relating to services provided pursuant to specific

programs should be addressed; and

(b) Making recommendations concerning new policies or

services that may benefit persons with disabilities.

3. Serve as a liaison between state governmental agencies

that provide services or programs to persons with disabilities to

facilitate communication and the coordination of information and

any other matters relating to services or programs for persons with

disabilities.

4. Serve as a liaison between local governmental agencies in

this state that provide services or programs to persons with

disabilities to facilitate communication and the coordination of

information and any other matters relating to services or

programs for persons with disabilities. To inform local

governmental agencies in this state of services and programs of

other local governmental agencies in this state for persons with

disabilities pursuant to this subsection, the Office shall:

(a) Provide technical assistance to local governmental

agencies, including, without limitation, assistance in establishing

an electronic network that connects the Office to each of the local

governmental agencies that provides services or programs to

persons with disabilities;

(b) Work with counties and other local governmental entities

in this state that do not provide services or programs to persons

with disabilities to establish such services or programs; and

sources of funding from the Federal Government and other

private and public sources to establish or enhance services or

programs for persons with disabilities.

5. Administer the following programs in this state that

provide services for persons with disabilities:

(a) The program established pursuant to sections 7, 8 and 9 of

this act to provide financial assistance to persons with physical

disabilities;

(b) The programs established pursuant to chapter 426A of

NRS to obtain information concerning traumatic brain injuries

and provide services to persons with traumatic brain injuries;

to provide devices for telecommunication to deaf persons and

persons with impaired speech or hearing;

(d) Any state program for persons with developmental

disabilities established pursuant to the Developmental Disabilities

Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001

et seq.;

(e) Any state program for independent living established

pursuant to 29 U.S.C. §§ 796 et seq.; and

(f) Any state program established pursuant to the Assistive

Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

6. Provide information to persons with disabilities on matters

relating to the availability of housing for persons with disabilities

and identify sources of funding for new housing opportunities for

persons with disabilities.

7. Ensure that state and local governmental agencies comply

with the provisions of the Americans with Disabilities Act of 1990,

42 U.S.C. §§ 12101 et seq.

8. Before establishing policies or making decisions that will

affect the lives of persons with disabilities, consult with persons

with disabilities and members of the public in this state through

the use of surveys, focus groups, hearings or councils of persons

with disabilities to receive:

(a) Meaningful input from persons with disabilities regarding

the extent to which such persons are receiving services, including,

without limitation, services described in their individual service

plans, and their satisfaction with those services; and

(b) Public input regarding the development, implementation

and review of any programs or services for persons with

disabilities.

9. Publish a biennial report which:

(a) Reviews the current and projected capacity of:

(1) Services available to persons with disabilities pursuant

to the State Plan for Medicaid;

(2) Waivers to the State Plan for Medicaid for the provision

of home and community-based services in this state;

(3) Services available to persons with disabilities from

counties and other local governmental entities in this state; and

(4) Any other services available to persons with disabilities

from any governmental or nonprofit agency;

(b) Identifies the costs of existing and new services in the

community for persons with disabilities;

services in the community for persons with disabilities that is

consistent with the need for such expansion or restructuring;

(d) Recommends plans to provide services or programs for

persons with disabilities by using the data from any waiting lists of

persons seeking such services or programs;

(e) Reports the outcomes of persons with disabilities who have

received services for persons with disabilities in this state; and

(f) Reports the progress of the Office in carrying out the

strategic planning goals for persons with disabilities identified

pursuant to chapter 541, Statutes of Nevada 2001.

10. Provide on or before January 15 of each year a report to

the Governor and on or before January 15 of each odd-numbered

year a report to the Legislature, including, without limitation:

(a) A summary of the activities of the Office for the preceding

fiscal year or 2 preceding fiscal years, if the report is provided to

the Legislature;

(b) Documentation of significant problems affecting persons

with disabilities when accessing public services, if the Office is

aware of any such problems;

care and services available for persons with disabilities; and

(d) Recommendations for improving the ability of the State of

Nevada to provide services to persons with disabilities and

advocate for the rights of persons with disabilities.

Sec. 6. The Department may adopt any regulations to carry

out the provisions of sections 1 to 11, inclusive, of this act.

Sec. 6.5. 1. The Advisory Committee on Deaf and Hard of

Hearing Persons is hereby created in the Office. The Advisory

Committee consists of 11 people appointed by the Director of the

Department. The Director shall appoint to the Advisory

Committee:

(a) One member who is employed by the Department and who

participates in the administration of the program of this state

which provides services to persons with disabilities which affect

their ability to communicate;

(b) One person who is a member of the Nevada Association of

the Deaf;

(d) One representative of educators of persons who are deaf

and hard of hearing;

(e) One member who is professionally qualified in the field of

deafness;

(f) One member whose speech is impaired;

(g) The Executive Director of the Nevada Telecommunications

Association;

(h) Two representatives of the deaf and hard of hearing

centers operated by this state, who are ex officio members; and

(i) Two representatives of the program to purchase, maintain,

repair and distribute devices for telecommunication developed and

administered pursuant to section 11 of this act, who are ex officio

members.

2. After the initial term, the term of each member is 3 years.

A member may be reappointed.

3. If a vacancy occurs during the term of a member, the

Director of the Department shall appoint a person similarly

qualified to replace that member for the remainder of the

unexpired term.

4. The Advisory Committee shall:

(a) At its first meeting and annually thereafter, elect a

chairman from among its voting members; and

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

Chairman or a majority of its members as is necessary to carry out

its responsibilities.

5. A majority of the voting members of the Advisory

Committee constitutes a quorum for the transaction of business,

and a majority of the voting members of a quorum present at any

meeting is sufficient for any official action taken by the Advisory

Committee.

6. Members of the Advisory Committee serve without

compensation, except that each member is entitled, while engaged

in the business of the Advisory Committee, to the per diem

allowance and travel expenses provided for state officers and

employees generally.

7. A member of the Advisory Committee who is an officer or

employee of this state or a political subdivision of this state must

be relieved from his duties without loss of his regular

compensation so that he may prepare for and attend meetings of

the Advisory Committee and perform any work necessary to carry

out the duties of the Advisory Committee in the most timely

manner practicable. A state agency or political subdivision of this

state shall not require an officer or employee who is a member of

the Advisory Committee to make up the time he is absent from

work to carry out his duties as a member of the Advisory

Committee or use annual vacation or compensatory time for the

absence.

8. The Advisory Committee may:

(a) Make recommendations to the Director of the Department

and the Office concerning the establishment and operation of

programs for persons with disabilities which affect their ability to

communicate;

(b) Recommend to the Director of the Department and the

Office any proposed legislation concerning persons with

disabilities which affect their ability to communicate; and

which affect their ability to communicate.

9. As used in this section:

(a) “Person who is deaf” means a person who is not able to

process information aurally and whose primary means of

communication is visual.

(b) “Person who is hard of hearing” means a person:

(1) Who has a hearing deficit;

(2) Who is able to process information aurally with or

without the use of a hearing aid or any other device that enhances

the ability of a person to hear; and

(3) Whose primary means of communication may be visual.

has difficulty using his voice to communicate.

Sec. 7. As used in sections 8 and 9 of this act, unless the

context otherwise requires, “person with a physical disability”

means a person with a physical disability that substantially limits

his ability to participate and contribute independently in the

community in which he lives.

Sec. 8. 1. The Department shall, through the Office,

establish a program to provide financial assistance to persons with

physical disabilities for such essential personal care required

pursuant to section 9 of this act as is necessary to enable them to

live in a noninstitutional or unsupervised residential setting.

2. The Department shall adopt regulations:

(a) Establishing the procedures for applying for assistance for

essential personal care;

(b) Prescribing the criteria for determining the eligibility of an

applicant;

which may be provided and the conditions imposed; and

(d) Prescribing such other provisions as the Department

considers necessary to administer the program.

3. The decision of the Department regarding the eligibility of

an applicant is a final decision for the purposes of judicial review.

Sec. 9. The essential personal care for which the Department

may provide assistance to a person with a physical disability

pursuant to section 8 of this act must include assisting the person

with the physical disability in:

1. The elimination of wastes from the body.

2. Dressing and undressing.

3. Bathing and grooming.

4. The preparation and eating of meals.

5. Getting in and out of bed.

6. Repositioning while asleep.

7. The use of prostheses and other medical equipment.

8. Moving about.

Sec. 10. (Deleted by amendment.)

Sec. 11. 1. The Office shall develop and administer a

program whereby:

(a) Any person who is a customer of a telephone company

which provides service through a local exchange or a customer of

a company that provides wireless phone service and who is

certified by the Office to be deaf or to have severely impaired

speech or hearing may obtain a device for telecommunication

capable of serving the needs of such persons at no charge to the

customer beyond the rate for basic service; and

(b) Any person who is deaf or has severely impaired speech or

hearing may communicate by telephone, including, without

limitation, a wireless phone, with other persons through a dual-

party relay system.

The program must be approved by the Public Utilities Commission

of Nevada.

2. A surcharge is hereby imposed on each access line of each

customer to the local exchange of any telephone company

providing such lines in this state and on each personal wireless

access line of each customer of any company that provides

wireless phone services in this state which is sufficient to cover the

costs of the program and to fund the deaf and hard of hearing

centers operated by this state. The Commission shall establish by

regulation the amount to be charged. Those companies shall

collect the surcharge from their customers and transfer the money

collected to the Commission pursuant to regulations adopted by

the Commission.

3. The Account for Services for Persons With Impaired

Speech or Hearing is hereby created within the State General

Fund and must be administered by the Office. Any money

collected from the surcharge imposed pursuant to subsection 2

must be deposited in the State Treasury for credit to the Account.

The money in the Account may be used only:

(a) For the purchase, maintenance, repair and distribution of

the devices for telecommunication, including the distribution of

devices to state agencies and nonprofit organizations;

(b) To establish and maintain the dual-party relay system;

provide wireless phone services for the expenses incurred in

collecting and transferring to the Commission the surcharge

imposed by the Commission;

(d) For the general administration of the program developed

and administered pursuant to subsection 1;

(e) To train persons in the use of the devices; and

(f) To fund the deaf and hard of hearing centers operated by

this state.

4. For the purposes of this section:

(a) “Device for telecommunication” means a device which is

used to send messages through the telephone system, including,

without limitation, the wireless phone system, which visually

displays or prints messages received and which is compatible with

the system of telecommunication with which it is being used.

(b) “Dual-party relay system” means a system whereby persons

who have impaired speech or hearing, and who have been

furnished with devices for telecommunication, may relay

communications through third parties to persons who do not have

access to such devices.

Sec. 12. NRS 426.005 is hereby amended to read as follows:

426.005 It is the policy of this state to:

1. Enable [the visually, aurally and physically handicapped]

persons with visual, aural or physical disabilities to participate

fully in the social and economic life of the State and to engage in

remunerative employment and to secure for them the same rights as

[the able-bodied] persons without disabilities to the full and free use

of the street, highways, sidewalks, walkways, public buildings,

public facilities and other public places.

2. Promote these objectives by periodic public observance in

which the people of the State are reminded:

(a) Of the significance of the white cane and the blaze orange

dog leash.

(b) To observe the provisions of the laws for the protection of

[the disabled] persons with disabilities and to take precautions

necessary to the safety of [the disabled.] persons with disabilities.

physically disabled] persons with visual or physical disabilities and

to cooperate in giving effect to them.

(d) Of the need to:

(1) Be aware of the presence of [disabled] persons with

disabilities in the community;

(2) Keep safe and functional for [the disabled] persons with

disabilities the streets, highways, sidewalks, walkways, public

buildings, public facilities, other public places, places of public

accommodation, amusement and resort, and other places to which

the public is invited; and

(3) Offer assistance to [disabled] persons with disabilities

upon appropriate occasions.

3. Provide persons with disabilities in this state and their

families, within the limits of available resources, assistance in

securing an equal opportunity to access and enjoy fully:

(a) Freedom and independence in planning and managing

their lives, including, without limitation, the ability to exercise

individual initiative;

(b) Suitable housing that is independently selected, designed

and located with consideration of the special needs of persons with

disabilities, and that is affordable to persons with disabilities;

regard to economic status;

(d) Necessary health, personal assistance and independent

living services that are designed to enable persons with disabilities

to avoid receiving institutional care, or to transition from an

institutional setting back to their communities;

(e) Respite for family members of persons with disabilities

from their duties as primary caregivers; and

(f) Meaningful participation in a wide range of civic, cultural

and recreational opportunities.

Sec. 13. NRS 426.010 is hereby amended to read as follows:

426.010 The purposes of this chapter are:

1. To relieve [handicapped] persons with disabilities from the

distress of poverty;

2. To encourage and assist [handicapped] persons with

disabilities in their efforts to render themselves more

self-supporting; and

3. To enlarge the opportunities of [handicapped] persons with

disabilities to obtain education, vocational training and employment.

Sec. 14. NRS 426.055 is hereby amended to read as follows:

426.055 “Deaf person” means any person who, by reason of

the loss or impairment of his hearing, has an aural [handicap]

disability which limits, contributes to limiting or which, if not

corrected, will probably result in limiting his activities or functions.

Sec. 15. NRS 426.083 is hereby amended to read as follows:

426.083 “Helping dog” means a dog which has been or is

being specially trained by or in conjunction with a school for

helping dogs to the individual requirements of a [physically

handicapped] person with a physical disability to:

1. Provide a minimum of protection;

2. Rescue the person in certain situations;

3. Pull a wheelchair;

4. Fetch dropped items; or

5. Provide other services to the person.

Sec. 16. NRS 426.097 is hereby amended to read as follows:

426.097 “Service animal” means an animal which has been or

is being trained to provide a specialized service to a [handicapped]

person with a disability by a school that is approved by the Division

to train such an animal.

Sec. 17. NRS 426.510 is hereby amended to read as follows:

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

and 4, a person shall not:

(a) Use a guide dog, hearing dog, helping dog or other service

animal or a blaze orange leash; 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 blind person may use a guide dog or other service animal,

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

metallic in color, or white tipped with red.

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

and a blaze orange leash.

4. A [physically handicapped] person with a physical disability

may use a helping dog or other service animal and a blaze orange

leash.

5. Any pedestrian who approaches or encounters a person

using a guide dog or other 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 blind person.

6. Any person other than a blind person who:

(a) Uses a guide dog or other 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 guide dog or

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

section;

contact with a person so using a guide dog or other 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, is guilty of a misdemeanor.

7. Any person other than a blind[,] person, deaf person or

[physically handicapped] person with a physical disability who uses

a blaze orange leash is guilty of a misdemeanor.

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

a blind[,] person, deaf person or [physically handicapped] person

with a physical disability or training a guide dog, hearing dog,

helping dog or other service animal.

Sec. 18. NRS 426.515 is hereby amended to read as follows:

426.515 The failure of a:

1. Blind person to carry a white or metallic colored cane or to

use a guide dog or other service animal or a blaze orange leash;

2. Deaf person to use a hearing dog or other service animal or a

blaze orange leash; or

3. [Physically handicapped person] Person with a physical

disability to use a helping dog or other service animal or a blaze

orange leash,

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 blind[,] person’s, deaf person’s or [physically

handicapped person’s] person with a physical disability’s making

use of the facilities or services offered by the carrier or place of

public accommodation.

Sec. 19. NRS 426.727 is hereby amended to read as follows:

426.727 “State personal assistance program” means a program

established pursuant to NRS 422.396, 427A.250 or [615.173.]

section 8 of this act.

Sec. 19.3. NRS 426.729 is hereby amended to read as follows:

426.729 The Director of the Department of Human Resources,

[in cooperation with the Director of the Department of Employment,

Training and Rehabilitation and] in consultation with the Advisory

Committee, 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;

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.

6. Submit to each regular session of the Legislature a report

regarding the expenditure of any money received to carry out NRS

426.721 to 426.731, inclusive, that must include information

regarding:

(a) The fiscal and other effects of services provided to carry out

NRS 426.728;

(b) The results of the program established pursuant to subsection

3; and

state with severe functional disabilities who are able to avoid or

leave institutional care as a result of the receipt of minimum

essential personal assistance through community-based services.

Sec. 19.7. NRS 426.731 is hereby amended to read as follows:

426.731 1. The Advisory Committee on Personal Assistance

for Persons with Severe Functional Disabilities is hereby created in

the Department [.] of Human Resources.

2. The Governor shall:

(a) Solicit recommendations for the appointment of members to

the Advisory Committee 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 Advisory Committee such members as he

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) The Nevada Commission on Aging and 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 Advisory Committee

must be persons with disabilities.

4. After the initial term, the term of each member is 2 years.

5. Members of the Advisory Committee serve without

compensation, except that each member is entitled, while engaged in

the business of the Advisory Committee, to the per diem allowance

and travel expenses provided for state employees generally.

6. A majority of the members of the Advisory Committee

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 Advisory Committee.

7. The Advisory Committee shall:

(a) At its first meeting and annually thereafter, elect a Chairman

from among its members.

(b) Meet at the call of the Director [,] of the Department of

Human Resources, the Chairman or a majority of its members

quarterly or as is necessary, within the budget of the Advisory

Committee, to provide the Director of the Department of Human

Resources with appropriate assistance to carry out the provisions of

NRS 426.728.

Sec. 20. NRS 426.740 is hereby amended to read as follows:

426.740 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 [who is physically

handicapped.] 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 his 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.

Sec. 20.5. NRS 426A.010 is hereby amended to read as

follows:

426A.010 As used in this chapter:

1. “Department” means the Department of [Employment,

Training and Rehabilitation.] Human Resources.

2. “Office” means the Office of Disability Services created by

section 5 of this act.

3. “Traumatic brain injury” means a sudden shock or damage

to the brain or its coverings which is not of a degenerative nature

and produces an altered state of consciousness or temporarily or

permanently impairs the mental, cognitive, behavioral or physical

functioning of the brain. The term does not include:

(a) A cerebral vascular accident;

(b) An aneurism; or

Sec. 21. NRS 426A.060 is hereby amended to read as follows:

426A.060 1. The Advisory Committee on Traumatic Brain

Injuries, consisting of 11 members, is hereby created.

2. The [Administrator] Director of the Department shall

appoint to the Committee:

(a) One member who is an employee of the [Rehabilitation

Division of the Department.] Office.

(b) One member who is an employee of the Division of Health

Care Financing and Policy of the Department [of Human Resources]

and participates in the administration of the state program providing

Medicaid.

(d) One member who represents the interests of educators in this

state.

(e) One member who is a person professionally qualified in the

field of psychiatric mental health.

(f) Two members who are employees of private providers of

rehabilitative health care located in this state.

(g) One member who represents persons who operate

community-based programs for head injuries in this state.

(h) One member who represents hospitals in this state.

(i) Two members who represent the recipients of health care in

this state.

3. After the initial appointments, each member of the

Committee serves a term of 3 years.

4. The Committee shall elect one of its members to serve as

Chairman.

5. Members of the Committee serve without compensation and

are not entitled to receive the per diem allowance or travel expenses

provided for state officers and employees generally, except that

members of the Committee may receive any per diem allowance and

travel expenses that may be authorized by the Committee if the

payment of the per diem allowance and travel expenses:

(a) Is made from money received by the Committee from a

source other than the State of Nevada; and

(b) Is not inconsistent with any condition attached to the

acceptance of that money.

6. The Committee may:

(a) Make recommendations to the [Administrator] Director of

the Department and the Office relating to the establishment and

operation of any program for persons with traumatic brain injuries.

(b) Make recommendations to the [Administrator] Director of

the Department and the Office concerning proposed legislation

relating to traumatic brain injuries.

(d) Apply for grants.

(e) Accept and expend any money made available to the

Committee by gift, grant, donation or bequest.

7. The Committee shall prepare a report of its activities and

recommendations each year and submit a copy to the:

(a) Director of the Department;

(b) [Administrator;] Office;

(d) Legislative Commission.

8. As used in this section:

(a) [“Administrator” means the Administrator of the

Rehabilitation Division of the Department.

(b)] “Person professionally qualified in the field of psychiatric

mental health” has the meaning ascribed to it in NRS 433.209.

[(c)] (b) “Provider of health care” has the meaning ascribed to it

in NRS 629.031.

Sec. 21.3. NRS 426A.070 is hereby amended to read as

follows:

426A.070 1. The [Rehabilitation Division of the Department]

Office shall establish a Program for Persons with Traumatic Brain

Injuries.

2. The Program may, subject to legislative appropriation,

provide:

(a) The following services to persons with traumatic brain

injuries:

(1) Treatment during the day on an outpatient basis;

(2) Care provided in a facility operated and maintained to

furnish food, shelter, assistance and limited supervision;

(3) Care provided in the home;

(4) Instruction in the skills required for independent living;

(5) Placement for jobs; and

(6) Counseling and treatment for the abuse of drugs or

alcohol.

(b) Support services for families of persons with traumatic brain

injuries.

traumatic brain injuries.

3. The [Rehabilitation Division] Office shall evaluate the

Program and submit a report containing the evaluation and any

recommended legislation to each regular session of the Legislature.

Sec. 21.7. NRS 426A.080 is hereby amended to read as

follows:

426A.080 The [Rehabilitation Division of the] Department

shall adopt regulations concerning the care of persons with

traumatic brain injuries. The [Division] Department shall, in

adopting the regulations, consider the criteria established by the

Commission on Accreditation of Rehabilitation Facilities for the

care of such persons.

Sec. 22. NRS 232.320 is hereby amended to read as follows:

232.320 1. Except as otherwise provided in subsection 2, the

Director:

(a) Shall appoint, with the consent of the Governor,

administrators of the divisions of the Department, who are

respectively designated as follows:

(1) The Administrator of the Aging Services Division;

(2) The Administrator of the Health Division;

(3) The State Welfare Administrator;

(4) The Administrator of the Division of Child and Family

Services; and

(5) The Administrator of the Division of Health Care

Financing and Policy.

(b) Shall administer, through the divisions of the Department [,]

and the Office of Disability Services, the provisions of chapters

210, 423, 424, 425, 426A, 427A, 432A to 422, inclusive, 446 to

450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001

to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive,

444.003 to 444.430, inclusive, and 445A.010 to 445A.055,

inclusive, and sections 2 to 11, inclusive, of this act, and all other

provisions of law relating to the functions of the divisions of the

Department [,] and the Office of Disability Services, but is not

responsible for the clinical activities of the Health Division or the

professional line activities of the other divisions [.] or the Office of

Disability Services.

governments and nonprofit organizations which provide social

services, adopt a master plan for the provision of human services in

this state. The Director shall revise the plan biennially and deliver a

copy of the plan to the Governor and the Legislature at the

beginning of each regular session. The plan must:

(1) Identify and assess the plans and programs of the

Department for the provision of human services, and any

duplication of those services by federal, state and local agencies;

(2) Set forth priorities for the provision of those services;

(3) Provide for communication and the coordination of those

services among nonprofit organizations, agencies of local

government, the state and the Federal Government;

(4) Identify the sources of funding for services provided by

the Department and the allocation of that funding;

(5) Set forth sufficient information to assist the Department

in providing those services and in the planning and budgeting for the

future provision of those services; and

(6) Contain any other information necessary for the

Department to communicate effectively with the Federal

Government concerning demographic trends, formulas for the

distribution of federal money and any need for the modification of

programs administered by the Department.

(d) May, by regulation, require nonprofit organizations and state

and local governmental agencies to provide information to him

regarding the programs of those organizations and agencies,

excluding detailed information relating to their budgets and payrolls,

which he deems necessary for his performance of the duties

imposed upon him pursuant to this section.

(e) Has such other powers and duties as are provided by law.

2. The Governor shall appoint the Administrator of the

Division of Mental Health and Developmental Services.

Sec. 22.3. NRS 232.920 is hereby amended to read as follows:

232.920 The Director:

1. Shall:

(a) Organize the Department into divisions and other operating

units as needed to achieve the purposes of the Department;

(b) Upon request, provide the Director of the Department of

Administration with a list of organizations and agencies in this state

whose primary purpose is the training and employment of

handicapped persons; and

divisions to share information in their records with agencies of local

governments which are responsible for the collection of debts or

obligations if the confidentiality of the information is otherwise

maintained under the terms and conditions required by law.

2. Is responsible for the administration, through the divisions

of the Department, of the provisions of NRS 426.005 to 426.720,

inclusive, 426.740, 426.790 and 426.800, and chapters [426, 426A,]

612 and 615 of NRS, and all other provisions of law relating to the

functions of the Department and its divisions, but is not responsible

for the professional line activities of the divisions or other operating

units except as otherwise provided by specific statute.

3. May employ, within the limits of legislative appropriations,

such staff as is necessary for the performance of the duties of the

Department.

Sec. 22.7. NRS 232.945 is hereby amended to read as follows:

232.945 The Director shall appoint an Administrator of the

Rehabilitation Division of the Department. The Administrator:

1. Is in the unclassified service of the State unless federal law

or regulation requires otherwise, and serves at the pleasure of the

Director.

2. Shall administer the provisions of law set forth in subsection

4, subject to the administrative supervision of the Director.

3. Except as otherwise provided in NRS 284.143, shall devote

his entire time and attention to the business of his office and shall

not pursue any other business or occupation or hold any other office

of profit.

4. Is responsible for the administration, through the bureaus of

the Rehabilitation Division, of the provisions of NRS 232.940 and

232.950 and this section, NRS 426.520 to 426.610, inclusive, and

[chapters 426A and] chapter 615 of NRS and all other provisions of

law relating to the functions of the Rehabilitation Division and its

bureaus, but is not responsible for the professional line activities of

the bureaus except as otherwise provided by specific statute.

5. Is responsible for the preparation of a consolidated state plan

for the Bureau of Services to the Blind and Visually Impaired, the

Bureau of Vocational Rehabilitation and any other program

administered by the Rehabilitation Division that he considers

appropriate to incorporate into the consolidated state plan before

submission to the Federal Government. This subsection does not

apply if any federal regulation exists that prohibits a consolidated

plan.

6. In developing and revising state plans pursuant to subsection

5, shall consider, without limitation:

(a) The amount of money available from the Federal

Government for the programs of the Rehabilitation Division;

(b) The conditions attached to the acceptance of that money; and

programs.

7. May employ, within the limits of legislative appropriations,

such staff as is necessary to the performance of the duties of the

Rehabilitation Division.

Sec. 23. 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.

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.

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

accompanied by a police dog.

(e) 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, school for helping dogs or other school that is approved by the

Rehabilitation Division of the Department of Employment, Training

and Rehabilitation to train a service animal to provide a specialized

service to a [handicapped person.] person with a disability.

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) 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.

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

for damage caused by the police dog.

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. Persons who are accompanied by police dogs are subject to

the same conditions and limitations that apply to person who are not

so accompanied.

7. For the purposes of this section:

(a) 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.

(b) “Police dog” means a dog which is owned by a state or local

governmental agency and which is used by a peace officer in

performing his duties as a peace officer.

Sec. 24. NRS 704.040 is hereby amended to read as follows:

704.040 1. Every public utility shall furnish reasonably

adequate service and facilities, and the charges made for any service

rendered or to be rendered, or for any service in connection

therewith or incidental thereto, must be just and reasonable.

2. Every unjust and unreasonable charge for service of a public

utility is unlawful.

3. The Commission may exempt, to the extent it deems

reasonable, services related to telecommunication or public utilities

which provide telecommunication services from any or all of the

provisions of this chapter, upon a determination after hearing that

the services are competitive or discretionary and that regulation

thereof is unnecessary. For the purposes of this subsection, basic

local exchange service and access services provided to

interexchange carriers are not discretionary.

4. The Commission shall adopt regulations necessary to

establish an alternative plan of regulation of a public utility that

provides telecommunication services. The alternative plan may

include, but is not limited to, provisions that:

(a) Allow adjustment of the rates charged by a public utility that

provides telecommunication services during the period in which the

utility elects the alternative plan of regulation.

(b) Provide for flexibility of pricing for discretionary services

and services that are competitive.

NRS and section 11 of this act that do not apply to a public utility

that elects to be regulated under the alternative plan.

5. A public utility that elects to be regulated under the

alternative plan established pursuant to subsection 4 is not subject to

the remaining provisions of this chapter , [or] chapter 707 of NRS or

section 11 of this act to the extent specified pursuant to paragraph

6. All providers of telecommunication services which offer the

same or similar service must be subject to fair and impartial

regulation, to promote adequate, economical and efficient service.

7. The Commission may provide for the levy and collection of

an assessment, in an amount determined by the Commission, from a

public utility that provides telecommunication services in order to

maintain the availability of telephone service. Assessments levied

pursuant to this subsection must be maintained in a separate fund

established by the Commission. The Commission shall contract with

an independent administrator to administer the fund pursuant to

open competitive bidding procedures established by the

Commission. The independent administrator shall collect the

assessments levied and distribute them from the fund pursuant to

a plan which has been approved by the Commission. Money in

the fund must be used for the sole purpose of maintaining the

availability of telephone service.

8. For the purposes of this section, “interexchange carrier”

means any person providing intrastate telecommunications service

for a fee between two or more exchanges.

Sec. 25. 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 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 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

2. This section does not relieve a [visually, aurally or

physically handicapped] person with a visual, aural or physical

disability 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 animal.

3. [Visually, aurally or physically handicapped persons]

Persons with visual, aural or physical disabilities accompanied by

guide dogs, hearing dogs, helping dogs or other service animals are

subject to the same conditions and limitations that apply to persons

without disabilities 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. 26. 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 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 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

2. This section does not relieve a [visually, aurally or

physically handicapped] person with a visual, aural or physical

disability 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 animal.

3. [Visually, aurally or physically handicapped persons]

Persons with visual, aural or physical disabilities accompanied by

guide dogs, hearing dogs, helping dogs or other service animals are

subject to the same conditions and limitations that apply to persons

without disabilities 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. 27. NRS 426.105, 615.173, 615.176 and 707.360 are

hereby repealed.

Sec. 28. (Deleted by amendment.)

Sec. 29. Notwithstanding the provisions of sections 8, 9, 21.7

and 27 of this act that transfer the authority to adopt certain

regulations from the Department of Employment, Training and

Rehabilitation to the Department of Human Resources:

1. Any regulations adopted by the Department of Employment,

Training and Rehabilitation pursuant to NRS 615.173 or 615.176

before July 1, 2003, remain in effect and may enforced by the

Director of the Department of Human Resources until the

Department of Human Resources adopts regulations to replace those

regulations of the Department of Employment, Training and

Rehabilitation.

2. Any regulations adopted by the Rehabilitation Division of

the Department of Employment, Training and Rehabilitation

pursuant to NRS 426A.070 or 426A.080 before July 1, 2003, remain

in effect and may enforced by the Director of the Department of

Human Resources until the Department of Human Resources adopts

regulations to replace those regulations of the Rehabilitation

Division of the Department of Employment, Training and

Rehabilitation.

Sec. 30. The State Controller shall transfer the money in the

account created by NRS 707.360 to the account created by section

11 of this act.

Sec. 30.5. As soon as practicable after July 1, 2003, the

Director of the Department of Human Resources shall appoint to the

Advisory Committee on Deaf and Hard of Hearing Persons created

by section 6.5 of this act:

1. Six members whose terms expire on June 30, 2005; and

2. Five members whose terms expire on June 30, 2006.

Sec. 31. This act becomes effective on July 1, 2003.

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