AB 302 — Establishes provisions relating to facility dogs. (BDR 4-489)

NRS 651.075 is hereby amended to read as follows:

651.075 1.

Except as otherwise provided in subsection 5 and NRS 644A.940, it is unlawful for a place of public accommodation to:

(a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.

(b) Refuse admittance or service to a person who is training a service animal or facility dog because the person is accompanied by a service animal in training [.] or facility dog in training.

(c) Refuse to permit an employee of the place of public accommodation who is training a service animal or facility dog to bring the service animal in training or facility dog in training into:

(1) The place of public accommodation;

or (2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

(d) Refuse admittance or service to a person because the person is accompanied by a facility dog or police dog.

(e) Charge an additional fee or deposit for a service animal, service animal in training , facility dog, facility dog in training or [a] police dog as a condition of access to the place of public accommodation.

(f) Require proof that an animal is a service animal , [or] service animal in training [.] , facility dog or facility dog in training.

2.

A place of public accommodation may:

(a) Ask a person accompanied by an animal:

(1) If the animal is a service animal , [or] service animal in training [;] , facility dog or facility dog in training;

and (2) What tasks the animal is trained to perform or is being trained to perform.

(b) Ask a person to remove a service animal , [or] service animal in training , facility dog or facility dog in training if the animal:

(1) Is out of control and the person accompanying the animal fails to take effective action to control it;

or (2) Poses a direct threat to the health or safety of others.

3.

A service animal or facility dog 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 who is accompanied by a service animal or a person who is accompanied by a service animal in training , facility dog or facility dog in training from liability for damage caused by the service animal , [or] service animal in training [.] , facility dog or facility dog in training.

- *AB302* – 4 – (b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

AWith place of public accommodation is not required to comply with the provisionsapproval of subsectionthe 1court, withcounsel regardfor tothe aparties servicemay animalquestion orprospective servicejurors animalduring invoir trainingdire thatto isdetermine awhether miniature horse if the placepresence of publicthe accommodationfacility determinesdog thatmay itcause isundue notsympathy reasonablefor to comply, using the assessmentwitness factorsor setotherwise forthprejudice inthe 28proceedings. C.F.R.

§ 36.302.

PersonsIf withthe disabilitiescourt whoapproves arethe accompanieduse byof servicea animalsfacility aredog, subject to the samecourt conditionsmust: and limitations that apply to persons who are not so disabled and accompanied.

(a) Issue an order that states the basis for its decision on the record;

(b) Ensure, to the greatest extent practicable, that the facility dog remains out of the view of the jury before, during and after testimony;

and (c) Take appropriate measures to ensure the presence of the facility dog is as unobtrusive and non-disruptive as possible.

PersonsUpon whorequest areof accompaniedeither byparty, facilitythe dogscourt orshall policeprovide dogscautionary areinstructions subject to the samejury conditionsto andmitigate limitationsany thatpotential applyprejudice toresulting personsfrom whothe arepresence notof sothe accompanied.facility dog.

The instructions may be given before the testimony of the witness, at the conclusion of the trial, or both.

A personsuitably whoqualified violateshandler paragraphmust (e)be ofpresent subsectionin 1the iscourtroom civillyor liableother tolocation theapproved personby againstthe whomcourt for the violationuse wasof committeda for:facility dog.

(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.

TheNothing remedies provided in this section areshall nonexclusivebe andconstrued are in addition to anyprohibit otherthe remedycourt providedfrom byremoving law,or including,excluding withouta limitation,facility anydog actionfrom forthe injunctivecourtroom or other equitablelocation reliefapproved availablefor toits theuse aggrievedif personnecessary orto broughtmaintain inorder theor nameto ofensure the peoplefair presentation of thisevidence. State or the United States.

(a) “Facility“Criminal dog”proceeding” hasmeans: the meaning ascribed to it in section 1 of this act.

(b)(1) “FacilityA dogtrial inor training”hearing meansbefore a dogcourt thatin isa beingprosecution trainedof asa person charged with a facilityviolent dog.or sexual offense;

(c)or “Police(2) dog”A meansdelinquency aproceeding dog which is ownedconducted bypursuant ato statetitle or5 localof governmentalNRS agencyin and which a child is usedalleged byto ahave peacecommitted officeran inunlawful performingact hiswhich would have been a violent or hersexual dutiesoffense asif acommitted peaceby officer.an adult.

[(b)](b) (d)“Facility “Servicedog” animal”means hasa thedog meaningthat ascribedmeets tothe itqualifications described in NRSparagraph 426.097.(c) of subsection 3.

[(c)]- (e)*AB302_R1* “Service– animal4 in– training”(c) has“Proceeding therelating meaningto ascribedabuse toor itneglect” inmeans a proceeding held pursuant to NRS 426.099.432B.410 to 432B.590, inclusive.

(d) “Violent or sexual offense” means the commission of an act described in NRS 202.876.

(e) “Vulnerable person” means a person whose ability to testify in a legal proceeding would be significantly affected without the support of a facility dog for various reasons, including, without limitation, the age of the person or the fact that the person has one or more physical or mental limitations that restrict the ability of the person to testify in a legal proceeding.

3.1.4.

NRS1. 704.145 is hereby amended to read as follows:

704.145Except 1.as otherwise provided in subsection 2, upon the issuance of an order made pursuant to subsection 6 of section 1.2 of this act, a facility dog must be permitted to enter:

Except(a) asA otherwisecourthouse providedor insimilar subsectionfacility 2,for itthe ispurpose unlawfulof forassisting a commonwitness carrierwho oris othera meansminor of public conveyance or transportationvulnerable operatingperson induring thisa Statelegal to:proceeding;

-and *AB302*(b) –Any 5other –building (a)or Refusestructure serviceowned toor aleased personby withthe acounty disabilityor becausemunicipality thethat person is accompanieddeemed appropriate by athe servicecourt animal;for the purpose of preparing the witness for the legal proceeding, including, without limitation, the office of the district attorney or public defender in the county in which the court is located.

(b) Refuse service to a person because the person is accompanied by a facility dog;

(c) Refuse service to a person who is training a service animal or facility dog because the person is accompanied by the service animal in training [;] or facility dog in training;

or [(c)] (d) Charge an additional fee or a deposit for a service animal , [or] service animal in training [.] , facility dog or facility dog in training.

A commoncounty carrier or othermunicipality meansmay, ofin publicits conveyancesole ordiscretion, transportationexclude isa notfacility requireddog toand complyits withhandler thefrom provisionsa ofbuilding subsectionor 1structure withowned regardor toleased aby servicethe animalcounty or servicemunicipality animalif, inafter trainingentry, thatthe isconduct aof miniaturethe horsefacility ifdog itor determinesits thathandler itwhile isin not reasonable to comply, using the assessmentbuilding factorsor setstructure forthwarrants insuch 28exclusion. C.F.R.

§ 36.302.

ThisA sectioncounty doesor notmunicipality relievethat aowns personor withleases a disabilitybuilding whoor structure is accompaniedimmune byfrom aliability servicein animalany oraction ato personrecover whodamages isfor accompaniedany byinjury aor serviceloss animalcaused, in trainingwhole ,or facilityin dogpart, orby facilitythe dogpresence inor trainingconduct fromof liabilitya forfacility damagedog whichwhile mayon beproperty causedowned or leased by the servicecounty animalor ,municipality, [or]including, servicewithout animallimitation, inactions trainingfor [.]personal ,injury, facilitywrongful dogdeath or facilityproperty dogdamage. in training.

PersonsNothing within disabilitiesthis accompaniedsection byshall servicebe animalsconstrued onto commonlimit carriers or otherotherwise meansaffect ofany publicimmunity conveyancefrom or transportationdefense operatingto incivil thisliability State are subject to thewhich samea conditionscounty andor limitationsmunicipality thatis applyotherwise toentitled personsunder withoutspecific disabilitiesstatute whoor arecommon notlaw. so accompanied.

5.

Persons who are accompanied by facility dogs or facility dogs in training on common carriers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons who are not so accompanied.

6.

A common carrier or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 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.

[6.] 7.

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 - *AB302* – 6 – available to the aggrieved person or brought in the name of the people of this State or the United States.

[7.] 8.

As used in this section:

(a) “Facility dog” has the meaning ascribed to it in section 1 of this act.

(b) “Facility dog in training” means a dog that is being trained as a facility dog.

(c) “Service animal” has the meaning ascribed to it in NRS 426.097.

[(b)] (d) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

4.

NRS 706.366 is hereby amended to read as follows:

706.366 1.

Except as otherwise provided in subsection 2, 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 person with a disability because the person is accompanied by a service animal;

(b) Refuse service to a person because the person is accompanied by a facility dog;

(c) Refuse service to a person who is training a service animal or facility dog because the person is accompanied by the service animal in training [;] or facility dog in training;

or [(c)] (d) Charge an additional fee or a deposit for a service animal , [or] service animal in training [.] , facility dog or facility dog in training.

A(Deleted commonby motoramendment.) carrierSec. of passengers or other means of public conveyance or transportation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R.

§ 36.302.

This(Deleted section does not relieve a person with a disability who is accompanied by aamendment.) serviceSec. animal or a person who is accompanied by a service animal in training , facility dog or facility dog in training from liability for damage which may be caused by the service animal , [or] service animal in training [.] , facility dog or facility dog in training.

Persons(Deleted with disabilities accompanied by serviceamendment.) animalsH on- common*AB302_R1* motor carriers of passengers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.

5.

Persons who are accompanied by facility dogs or facility dogs in training on common motor carriers of passengers or other means of public conveyance or transportation operating in this - *AB302* – 7 – State are subject to the same conditions and limitations that apply to persons who are not so accompanied.

6.

A common motor carrier of passengers or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 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 [6.] 7.

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.

[7.] 8.

As used in this section:

(a) “Facility dog” has the meaning ascribed to it in section 1 of this act.

(b) “Facility dog in training” means a dog that is being trained as a facility dog.

(c) “Service animal” has the meaning ascribed to it in NRS 426.097.

[(b)] (d) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

H - *AB302*