AB 20 — Revises provisions relating to services to assist persons with disabilities in obtaining employment. (BDR 38-225)
Last action — Approved by the Governor. Chapter 67.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 16, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
716 added · 770 removed716 line(s) added, 770 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 10, 2017) FIRST REPRINT A.B.
2020–Committee Aon SSEMBLYHealth BILLNand O.Human Services CHAPTER..........
20–COMMITTEE ON H EALTH AND H UMAN SERVICES (ON B EHALF OF THE REHABILITATION DIVISION OF THED EPARTMENT OF EMPLOYMENT , T RAINING AND R EHABILITATION ) PREFILED NOVEMBER 16, 2016 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to services to assist persons with disabilities in obtaining employment.
(BDR 38-225) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB20_R1* – 2 – Legislative Counsel’s Digest:
PersonsExisting Wholaw Areestablishes Blindprograms orunder Visuallywhich: Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation provides services to assist persons who are blind in obtaining employment;
(1) the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation provides services to assist persons who are blind in obtaining employment;
(NRS 426.518-426.610, chapter 615 of NRS) Sections 2 and 24 of this billbillExisting revisefederal law defines the purposesterm of“competitive thoseintegrated programs.employment” to mean full-time or part-time work, including self-employment:
Existing federal law defines the term “competitive integrated employment” to mean full-time or part-time work, including self-employment:
and (3) that provides opportunities for U.S.C.advancement similar to those provided to employees who are not disabled.
§(29 705)U.S.C. Sections 3 and 21 of this bill define that term to have the same meaning in state law.
Sections§ 5,705) 29Sections 3 and 4121 of this bill define thethat term “vocationalto have the same rehabilitation services” to mean any goods and services necessary to prepare aational person who is blind or an individual with a disability, as appropriate, to engage in competitive integrated employment or to determine the rehabilitation potential of such a person.
Federal regulations require the state unit responsible for administering vocational rehabilitation services to develop and maintain written policies covering the nature and scope of each such service and the criteria under which each service is provided.
§ 361.50) Sections 6 and 22 of this bill authorize thervicethe Division to adopt, amend and repeal such policies at a public meeting.
- 79th Session (2017) – 2 – Section 10 of this bill requires the Bureau of Services to Persons Who Are Blind or Visually Impaired to provide vocational rehabilitation services to any person who is blind, including any such person who is eligible to receive suchsuchy services under an agreement with the Federal Government, another state, certain territories or an Indian tribe.
Existing law requires the Division to direct the Bureau of Services to Persons Who Are Blind or Visually Impaired to adopt administrative regulations to enforce provisions of law concerning the provision of services for persons who are blind.
Sections 12 and 23 of this bill require the Bureau of Services to Persons Who Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation to employ persons skilled in the vocational rehabilitation of persons who are blind or individuals with disabilities, as appropriate, to allow such persons or individuals to engage in competitive integrated employment.
(1) expressly provide that the unauthorized receipt, use or disclosure of information concerning persons who apply for or receive services for persons who are blind or individuals with disabilities is a misdemeanor;
Section 14 of this bill allows the denial of services for persons who are blind to persons who are ineligible to receive those services under federal law or for which the person is required by federal regulations to use comparable services and benefits paid for by another public or private entity.
Sections 15 and 39 of this bill make nonsubstantive revisions concerning appeals of actions, determinations or omissions made by the Bureau of Services to Persons Who Are Blind or Visually - *AB20_R1* – 3 – Impaired and the Bureau of Vocational Rehabilitation.
Section 16 of this bill removes the designation of the Division as the state unit for carrying out certain proSectionsprograms 19,for 32,independent 36,living 37,prescribed 42in andfederal 43law. of this bill remove the authority of the Bureau of Vocational Rehabilitation to:
Sections 19, 32, 36, 37, 42 and 43 of this bill remove the authority of the Bureau of Vocational Rehabilitation to:
and (2) provide for the establishment, supervision, management and control of small business enterprises to be operated by persons withmoney severein disabilities.the Rehabilitation Gift Account in the Department of Employment,r which Training and Rehabilitation’s Gift Fund may be used.
SectionEXPLANATION 38– ofMatter thisin billbolded expandsitalics theis purposesnew; for which Training and Rehabilitation’s Gift Fund may be used.rtment of Employment, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 79th Session (2017) – 3 – 1.
Promote vocational rehabilitation services and related activities which will assist persons who are blind to reach their fullest potential;
andandassist persons who are blind to reach their 3.
- *AB20_R1* – 4 – 2.
Any adoption, amendment or repeal of a policy pursuant to subsection 1 must occur at a public meeting held in compliance withopen themeetings.sions provisions set forth in chapter 241 of NRS concerning openSec. meetings.
Sec.
Has a 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.] - 79th Session (2017) – 4 – which constitutes a substantial impediment to employment for which vocational rehabilitation services:
(a) May reasonably be expected to prepare the person to engage in competitive integrated employment which is consistent withwit(b) Are necessary to determine the abilitiesrehabilitation potential of the person;person.
Show all 120 changed lines (80 more)
or (b) Are necessary to determine the rehabilitation potential of the person.
(c) Provide vocational rehabilitation services directly or through other governmental entities or persons to any person who - *AB20_R1* – 5 – is blind, including any person who is blind who is eligible under the terms of an agreement or arrangement with the Federal Government, another state or an Indian tribe.
[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 - 79th Session (2017) – 5 – her home, and the cost of nursing home care when such care is necessary.] 4.
As used in this section, “state” includes, without limitation, the District of Columbia, Puerto Rico, the United States Virgin IslandsIslSec. and Guam.
Sec.
NRSGuNRS 426.560 is hereby amended to read as follows:
Except as otherwise provided in subsection 2, a person shall not solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning persons who are blind applying for or receiving any services directly or indirectly derived from the records, papers, files or communications of the Bureau, or acquired in the course of thethes or performance of its official duties.
- *AB20_R1* – 6 – 2.
- 79th Session (2017) – 6 – 3.
426.600 [No] 1.pursuant to 34 C.F.R.
Unless comparable services and benefits must be used pursuant to 34 C.F.R.
Is in the unclassified service of the State unless federal lawthe orDirector.tion regulation requires otherwise, and serves at the pleasure of the[(b)] Director.2.
[(b)] 2.
- *AB20_R1* – 7 – [(c)] 3.
- 79th Session (2017) – 7 – [(e)] 5.
Is responsible for the preparation of a consolidated state plan for the Bureau of Services to Persons Who Are Blind or Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that the Administrator considers appropriate to incorporate into the consolidated state plan before submission to the FederalFederalthe Government.
Shall determine the organization and methods of procedure for the Rehabilitation Division in accordance with the provisions of this section, NRS 232.940, 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and chapter 615 of NRS, and all other provisions of law relating to the functions of the[(j)] 10.taMay adopt, amend or rescind such rules and regulations as the Administrator deems necessary or suitable to carry out the provisions of this section, NRS 232.940, 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.
[(j)][2. 10.
May adopt, amend or rescind such rules and regulations as the Administrator deems necessary or suitable to carry out the provisions of this section, NRS 232.940, 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.
- *AB20_R1* – 8 – [2.
As used in this subsection, “designated state unit” has the meaning ascribed to it in 34 C.F.R.
- 79th Session (2017) – 8 – (a) The Governor.
(d) The Office of the Military.
Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security - *AB20_R1* – 9 – Division of the Department of Employment, Training and Rehabilitation;
and - 79th Session (2017) – 9 – (d) NRS 90.800 for the use of summary orders in contested cases, ¬ prevail over the general provisions of this chapter.
The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
The following sources shall submit, within 30 days after learning such information, to the Department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the Department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:
and - *AB20_R1* – 10 – (b) Agencies of the State and political subdivisions which provide special tax consideration for blindness.
When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision - 79th Session (2017) – 10 – must be reported to the registry within 30 days after learning of that fact.
The Department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of 4.e rThe Department shall maintain a file of the registry.names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.
4.
The Department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.
[The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative programpro2.]m ofThe suchrelationship between a facilityprovider orof workshop.jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C.
2.] The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C.
- *AB20_R1* – 11 – Sec.
- 79th Session (2017) – 11 – Sec.
2.subsection 1 must occur at a public meeting held in compliance to with the provisions set forth in chapter 241 of NRS concerning open meetings.
Any adoption, amendment or repeal of a policy pursuant to subsection 1 must occur at a public meeting held in compliance with the provisions set forth in chapter 241 of NRS concerning open meetings.
The provisions of this chapter shall be liberally construed to effecteffSec. its stated purposes.
Sec.25.staNRS 615.020 is hereby amended to read as follows:
25.
NRS 615.020 is hereby amended to read as follows:
Any individual who has a physical or mental disability which constitutes a substantial [handicap] impediment to employment [but which is of such a nature that] for which vocational rehabilitation services may reasonably be expected to [render] prepare the individual [fit] to engage in [a gainful - *AB20_R1* – 12 – occupation, including a gainful occupation] competitive integrated - 79th Session (2017) – 12 – employment which is [more] consistent with the capacities and abilities of the individual.
615.120 “Physical or mental disability” means [a] an ongoing physical or mental condition which materially limits, contributes to limiting or, if not corrected, will probably result in limiting an individual’s [activities] physical or mental functioning.
- *AB20_R1*79th Session (2017) – 13 – 1.
Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of individuals with disabilities, in studying the problems involved therein, and in planning, establishing, developing and providing such programs, facilities and services as may be necessary or desirable [.] ;
(a) Conduct research, studies, investigations and demonstrations andand(b) makeProvidets; reports;
(b) Provide training and instruction, including, without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary;
The [Department] Division shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to persons with - 79th Session (2017) – 14 – autism spectrum disorders who receive vocational rehabilitation services.
- *AB20_R1* – 14 – (a) Be submitted in the form required by the Aging and Disability Services Division;
(b)Services IncludeDivision thepursuant informationto requiredNRS by427A.872;the the Aging and Disability Services(c) DivisionInclude pursuantthe tototal NRSnumber 427A.872;of persons with autism spectrum disorders who are receiving vocational rehabilitation services from the Division;
(c) Include the total number of persons with autism spectrum disorders who are receiving vocational rehabilitation services from the Division;
To facilitate the making of disability determinations in this state, the Department through the Division, on behalf of the State of Nevada, may enter into an agreement or agreements with the United States Government, by and through the Secretary of [Health and Human Services,] Education, or any other federal agency, for the making of disability determinations, receiving and expending federal money for the making of such determinations, and performing other acts and functions necessary to effectuate the provisions of any Act of Congress, and all applicable federal regulations adopted pursuant thereto.
- 79th Session (2017) – 15 – (a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be - *AB20_R1* – 15 – necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation;
and agreements, (b) Comply with such conditions as may be necessary to secure benefits under those federal statutes.
The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.] Sec.615.255.
37.1.
NRSThere 615.255 is hereby amendedcreated tothe readRehabilitationows: as follows:
615.255Division 1.Revolving Account in an amount not to exceed $90,000.
There is hereby created the Rehabilitation Division Revolving Account in an amount not to exceed $90,000.
- 79th Session (2017) – 16 – 2.
The bank or credit union shall secure the deposit with a depository bond satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the - *AB20_R1* – 16 – National Credit Union Share Insurance Fund or a private insurer the approved pursuant to NRS 678.755.
The money may be invested and reinvested and must be used in accordance with the conditions of the gift [.] or to carry out the provisions of this chapter and other programs or laws administered by the Bureau.
- 79th Session (2017) – 17 – Sec.
615.290 [It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program or any other arrangements, agreements or plans pursuant to this chapter,cha1.er,Except andas otherwise provided in accordancesubsection with2, regulationsa person [to] shall not solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the Bureau, foror any]acquired 1.in the course of the performance of its official duties.
Except as otherwise provided in subsection 2, a person [to] shall not solicit, disclose, receive or make use of, or authorize, - *AB20_R1* – 17 – knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the Bureau, or acquired in the course of the performance of its official duties.
616A.360 “Vocational rehabilitationservices”rehabilitation services” [has the meaning ascribed to it in NRS 615.140.] means any goods or services necessary to prepare an individual with a disability to engage in competitive integrated employment, as defined in 29 U.S.C.
The Director of the Department of Employment, Training and Rehabilitation shall make payments to the insurer on all trainees who are enrolled in a rehabilitation facility [operated] by the - 79th Session (2017) – 18 – Rehabilitation Division of the Department of Employment, Training and Rehabilitation in this State at the rate approved by the Commissioner and based on a wage of $200 per month per trainee.
Payments must be made from the Account for Rehabilitation Facilities of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.]Rehabilitation.]n of the Sec.
-20~~~~~ *AB20_R1*17 –- 1879th –Session LEADLINES(2017) OF REPEALED SECTIONS 615.040 “Construct” defined.
615.090 “Establishment of a workshop” defined.ility” defined.
615.100 “Gainful occupation” defined.
615.175 Organizations that operate certain rehabilitation facilities or workshops:
Requirements;
audits;
submission of tax information.
616A.200 “Employee”:
Trainees in facility operated by Rehabilitation Division of Department of Employment, Training and Rehabilitation.
H - *AB20_R1*
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Action History
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Approved by the Governor. Chapter 67.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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Read second time.
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From committee: Do pass.
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Read first time. Referred to Committee on Health and Human Services. To committee.
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In Senate.
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Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To engrossment. Engrossed. First reprint .
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Read second time. Amended. (Amend. No. 27.) To printer.
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From committee: Amend, and do pass as amended.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Health and Human Services · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Health and Human Services
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 20?
- AB 20 is sponsored by Health and Human Services.
- What is the current status of AB 20?
- This bill has been enacted into law. Introduced November 16, 2016. Enacted.
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