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Nevada

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: N. R. S. 118.105; 426.097; 426.099; 426.510; 426.515; 426.790; 426.805; 426.800; 426.810; 426.820; 484B.290; 613.330; 651.075; 704.145; and 706.366

Citation: NV ST 118.105; 426.097; 426.099; 426.510; 426.515; 426.790; 426.805; 426.810; 426.800; 426.820; 484B.290; 613.330; 651.075; 704.145; and 706.366


Last Checked by Web Center Staff: 01/2014

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

West's Nevada Revised Statutes Annotated. Title 10. Property Rights and Transactions. Chapter 118. Discrimination in Housing: Landlord and Tenant. Discrimination in Housing.

118.105. Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service

Title 38. Public Welfare. Chapter 426. Persons with Disabilities. General Provisions.

426.097. "Service animal" defined

426.099. "Service animal in training" defined

Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Use of Service Animals and White or Metallic Canes.

426.510. Restrictions on use service animal and white or metallic cane; duties of pedestrian; penalty

426.515. Failure to use cane or service animal as evidence of contributory negligence in action against carrier or place of public accommodation

Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Penalties.

426.790. Unlawfully interfering with or allowing dog or other animal to interfere with use of service animal or service animal in training; unlawfully beating or killing service animal or service animal in training; penalties

426.800. Fraudulent acts: Penalty; presumption

426.805. Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty

426.810. Allowing dog or other animal to injure or kill service animal or service animal in training unlawful; allowing dog or other animal to endanger or injure person accompanied by service animal or service animal in training unlawful; penalties

426.820. Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training

Title 43. Public Safety; Vehicles; Watercraft. Chapter 484. Traffic Laws. Rules of the Road. Pedestrians.

484B.290. Right-of-way of person who is blind; penalty (substituted in revision for 484.328)

Title 53. Labor and Industrial Relations. Chapter 613. Employment Practices. Equal Opportunities for Employment.

613.330. Unlawful employment practices: Discrimination on basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; interference with aid or appliance for disability; refusal to permit service animal at place of employment

Title 54. Professions, Occupations and Businesses. Chapter 651. Public Accommodations. Equal Enjoyment of Places of Public Accommodation.

651.075. Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled animal may not be presumed dangerous; person subject to same conditions and limitations as others; remedies

Title 58. Energy; Public Utilities and Similar Entities. Chapter 704. Regulation of Public Utilities Generally. General Standards and Practices.

704.145. Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; remedies

Title 58. Energy; Public Utilities and Similar Entities. Chapter 706. Motor Carriers. Regulation and Licensing of Motor Carriers. Rates and Service.

706.366. Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; remedies

 

 

Title 10. Property Rights and Transactions. Chapter 118. Discrimination in Housing: Landlord and Tenant. Discrimination in Housing.

118.105. Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service

1. Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because an animal will be residing with the prospective tenant in the dwelling if the animal assists, supports or provides service to the person with a disability.

2. A landlord may require proof that an animal assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person's disability.

Added by Laws 1977, p. 1347. Amended by Laws 1981, p. 1915; Laws 1987, p. 824; Laws 1991, pp. 1021, 1981; Laws 2003, c. 473, § 10, eff. Oct. 1, 2003; Laws 2005, c. 196, § 12.

 

Title 38. Public Welfare. Chapter 426. Persons with Disabilities. General Provisions.

426.097. "Service animal" defined

"Service animal" means an animal that has been trained to assist or accommodate a person with a disability.

Added by Laws 1995, p. 1992. Amended by Laws 1999, p. 2515; Laws 2003, c.429, § 16, eff. July 1, 2003; Laws 2003, c. 473, § 7, eff. Oct. 1, 2003.

 

426.099. "Service animal in training" defined

"Service animal in training" means an animal that is being trained to assist or accommodate a person with a disability.

Added by Laws 2003, c. 473, § 3, eff. Oct. 1, 2003.

 

Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Use of Service Animals and White or Metallic Canes.

426.510. Restrictions on use service animal and white or metallic cane; duties of pedestrian; penalty

1. Except as otherwise provided in subsections 2, 3 and 4, a person shall not:

(a) Use a service animal; or

(b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

2. A blind person may use a service animal and a cane or walking stick which is white or metallic in color, or white tipped with red.

3. A deaf person may use a service animal.

4. A person with a physical disability may use a service animal.

5. Any pedestrian who approaches or encounters a blind person using a service animal or carrying a cane or walking stick, white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.

6. Any person other than a blind person who:

(a) Uses a service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

(b) Fails to heed the approach of a person using a service animal or carrying such a cane as is described by this section;

(c) Fails to come to a stop upon approaching or coming in contact with a person so using a service animal or so carrying such a cane or walking stick; or

(d) Fails to take precaution against accident or injury to such a person after coming to a stop as provided for in this section,

is guilty of a misdemeanor.

7. This section does not apply to any person who is instructing a blind person, deaf person or person with a physical disability or training a service animal.

Amended by Laws 1969, p. 511; Laws 1981, pp. 670, 1916; Laws 1987, p. 823; Laws 1995, p. 1992; Laws 2003, c. 429, § 17, eff. July 1, 2003; Laws 2003, c. 473, § 8, eff. Oct. 1, 2003; Laws 2005, c. 196, § 2.

 

426.515. Failure to use cane or service animal as evidence of contributory negligence in action against carrier or place of public accommodation

The failure of a:

1. Blind person to carry a white or metallic colored cane or to use a service animal;

2. Deaf person to use a service animal; or

3. Person with a physical disability to use a service animal,

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 person with a physical disability's making use of the facilities or services offered by the carrier or place of public accommodation.

Added by Laws 1971, p. 807. Amended by Laws 1981, p. 1917; Laws 1987, p. 824; Laws 1995, p. 1993; Laws 2003, c. 429, § 18, eff. July 1, 2003; Laws 2005, c. 196, § 3.

 

Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Penalties.

426.790. Unlawfully interfering with or allowing dog or other animal to interfere with use of service animal or service animal in training; unlawfully beating or killing service animal or service animal in training; penalties

1. A person shall not:

(a) Without legal justification, interfere with, or allow a dog or other animal he owns, harbors or controls to interfere with, the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal or service animal in training.

(b) Willfully and maliciously beat a service animal or service animal in training.

(c) Willfully and maliciously kill a service animal or service animal in training.

2. Unless a greater penalty is provided in NRS 206.150, a person who violates:

(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.

(b) Paragraph (b) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(c) Paragraph (c) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. A person who violates paragraph (a), (b) or (c) of subsection 1 is, in addition to any criminal penalty that may be imposed, civilly liable to the person against whom the violation was committed as provided in NRS 426.820.

4. In addition to any other penalty, the court shall order a person convicted of a violation of paragraph (a), (b) or (c) of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

Added by Laws 1981, p. 1916. Amended by Laws 1987, p. 824; Laws 1995, p. 1993; Laws 1999, p. 2516; Laws 2001, c. 572, § 9, eff. June 13, 2001; Laws 2003, c. 473, § 9, eff. Oct. 1, 2003; Laws 2005, c. 196, § 9.

 

426.800. Fraudulent acts: Penalty; presumption

1. Except as otherwise provided in NRS 426.461, a person who knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, services to which he or she is not entitled, or services greater than those to which he or she is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.

2. For the purposes of subsection 1, if a recipient of services pursuant to the provisions of this chapter receives an overpayment for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Bureau of a change in his or her circumstances which would affect the amount of services the person receives, a rebuttable presumption arises that the payment was fraudulently received.

CREDIT(S)

Added by Laws 1969, p. 483. Amended by Laws 1973, p. 1406; Laws 1975, p. 1009; Laws 1993, p. 1619; Laws 1999, p. 1159, eff. July 1, 2000.

 

426.805. Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty

1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.

2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

Added by Laws 2005, c. 196, § 1.

 

426.810. Allowing dog or other animal to injure or kill service animal or service animal in training unlawful; allowing dog or other animal to endanger or injure person accompanied by service animal or service animal in training unlawful; penalties

1. It is unlawful for a person to allow a dog or other animal that he owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.

2. Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:

(a) Is guilty of a misdemeanor and shall be punished by a fine of not more than $500; and

(b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in NRS 426.820.

3. In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

Added by Laws 2003, c. 473, § 4, eff. Oct. 1, 2003. Amended by Laws 2005, c. 196, § 10.

 

426.820. Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training

1. In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 426.790 or subsection 1 of NRS 426.810 is civilly liable to the person against whom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

(c) Reasonable attorney's fees as determined by the court.

2. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

Added by Laws 2003, c. 473, § 5, eff. Oct. 1, 2003. Amended by Laws 2005, c. 196, § 11.

 

Title 43. Public Safety; Vehicles; Watercraft. Chapter 484. Traffic Laws. Rules of the Road. Pedestrians.

484B.290. Right-of-way of person who is blind; penalty 

1. A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the person.

2. Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

CREDIT(S)

Added by Laws 1981, p. 669. Amended by Laws 1995, p. 1993; Laws 2005, c. 196, § 14. Substituted in revision for NRS 484.328 (2009).

 

Title 53. Labor and Industrial Relations. Chapter 613. Employment Practices. Equal Opportunities for Employment.

613.330. Unlawful employment practices: Discrimination on basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; interference with aid or appliance for disability; refusal to permit service animal at place of employment

1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

(a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

(b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.

2. It is an unlawful employment practice for an employment agency to:

(a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or

(b) Classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person.

3. It is an unlawful employment practice for a labor organization:

(a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;

(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person's employment opportunities or otherwise adversely affect the person's status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

(c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.

6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee's service animal with him or her at all times in his or her place of employment.

7. As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097.

CREDIT(S)

Added by Laws 1965, p. 691. Amended by Laws 1967, p. 108; Laws 1971, p. 1056; Laws 1973, pp. 981, 1497; Laws 1981, pp. 1300, 1920; Laws 1991, p. 1024; Laws 1995, p. 1993; Laws 1999, p. 1938; Laws 2003, c. 473, § 12, eff. Oct. 1, 2003; Laws 2005, c. 196, § 16; Laws 2011, c. 112, § 7.

 

Title 54. Professions, Occupations and Businesses. Chapter 651. Public Accommodations. Equal Enjoyment of Places of Public Accommodation.

651.075. Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled animal may not be presumed dangerous; person subject to same conditions and limitations as others; remedies

1. It is unlawful for a place of public accommodation to:

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

(b) Refuse admittance or service to a person training a service animal.

(c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal 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 he is accompanied by a police dog.

(e) Charge an additional fee or deposit for a service animal, service animal 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.

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; 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 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 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 trains a service animal from liability for damage caused by the 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 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 persons who are not so accompanied.

7. A person who violates paragraph (e) 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.

8. 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.

9. As used in this section:

(a) "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.

(b) "Service animal" has the meaning ascribed to it in NRS 426.097.

(c) "Service animal in training" has the meaning ascribed to it in NRS 426.099.

Added by Laws 1969, p. 587. Amended by Laws 1971, p. 1058; Laws 1973, p. 1499; Laws 1981, p. 1921; Laws 1987, p. 824; Laws 1991, p. 1028; Laws 1995, p. 1996; Laws 1997, p. 74; Laws 1999, p. 2519; Laws 2003, c. 473, § 13, eff. Oct. 1, 2003; Laws 2003, c. 429, § 23, eff. July 1, 2003; Laws 2005, c. 196, § 18.

 

Title 58. Energy; Public Utilities and Similar Entities. Chapter 704. Regulation of Public Utilities Generally. General Standards and Practices.

704.145. Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; remedies

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 person with a disability because he is accompanied by a service animal;

(b) Refuse service to a person who is training a service animal because he is accompanied by the service animal in training; or

(c) Charge an additional fee or a deposit for a service animal or service animal in training.

2. This section does not relieve a person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage which may be caused by the service animal or service animal in training.

3. Persons with disabilities accompanied by service animals 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 without disabilities who are not so accompanied.

4. 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.

5. 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.

6. As used in this section:

(a) "Service animal" has the meaning ascribed to it in NRS 426.097.

(b) "Service animal in training" has the meaning ascribed to it in NRS 426.099.

Added by Laws 1969, p. 587. Amended by Laws 1971, p. 1059; Laws 1973, p. 1499; Laws 1981, p. 1921; Laws 1987, p. 825; Laws 1995, p. 1996; Laws 1997, p. 76; Laws 2003, c. 473, § 14, eff. Oct. 1, 2003; Laws 2003, c. 429, § 25, eff. July 1, 2003; Laws 2005, c. 196, § 19.

 

Title 58. Energy; Public Utilities and Similar Entities. Chapter 706. Motor Carriers. Regulation and Licensing of Motor Carriers. Rates and Service.

706.366. Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; remedies

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 person with a disability because he is accompanied by a service animal;

(b) Refuse service to a person who is training a service animal because he is accompanied by the service animal in training; or

(c) Charge an additional fee or a deposit for a service animal or service animal in training.

2. This section does not relieve a person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage which may be caused by the service animal or service animal in training.

3. Persons with disabilities accompanied by service animals on common 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.

4. 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

(c) Reasonable attorney's fees as determined by the court.

5. 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.

6. As used in this section:

(a) "Service animal" has the meaning ascribed to it in NRS 426.097.

(b) "Service animal in training" has the meaning ascribed to it in NRS 426.099.

Added by Laws 1971, p. 700. Amended by Laws 1971, p. 946; Laws 1973, p. 1500; Laws 1981, p. 1922; Laws 1987, p. 825; Laws 1995, p. 1997; Laws 1997, p. 76; Laws 2003, c. 473, § 15, eff. Oct. 1, 2003; Laws 2003, c. 429, § 26, eff. July 1, 2003; Laws 2005, c. 196, § 20.

 



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