Nevada AB 20: Revises provisions relating to services to assist persons with disabilities in obtaining employment. (BDR 38-225)

Bill Text

A.B. 20
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ASSEMBLY BILL NO. 20–COMMITTEE ON
HEALTH AND HUMAN SERVICES

(ON BEHALF OF THE REHABILITATION DIVISION
OF THE DEPARTMENT OF EMPLOYMENT,
TRAINING AND REHABILITATION)

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 effect.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to persons with disabilities; revising provisions
concerning the duties and employees of the Bureau of
Services to Persons Who Are Blind or Visually Impaired
and the Bureau of Vocational Rehabilitation of the
Rehabilitation Division of the Department of
Employment, Training and Rehabilitation; prohibiting,
under certain circumstances, the solicitation, disclosure,
receipt or use of information concerning persons
receiving services from the Division; authorizing the
Division to adopt, amend and repeal certain policies;
authorizing the denial of services to persons who are blind
under certain circumstances; removing the designation of
the Division as the designated state unit for the purpose of
certain federal regulations governing vocational
rehabilitation; prescribing the purposes for which certain
money may be used; providing penalties; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes programs under which: (1) the Bureau of Services to 1
Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the 2

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Department of Employment, Training and Rehabilitation provides services to assist 3
persons who are blind in obtaining employment; and (2) the Bureau of Vocational 4
Rehabilitation of the Division provides similar services to individuals with 5
disabilities. (NRS 426.518-426.610, chapter 615 of NRS) Sections 2 and 24 of this 6
bill revise the purposes of those programs. 7
Existing federal law defines the term “competitive integrated employment” to 8
mean full-time or part-time work, including self-employment: (1) for which a 9
person receives certain minimum compensation; (2) that allows the employee to 10
interact with persons who are not disabled; and (3) that provides opportunities for 11
advancement similar to those provided to employees who are not disabled. (29 12
U.S.C. § 705) Sections 3 and 21 of this bill define that term to have the same 13
meaning in state law. Sections 5 and 29 of this bill define the term “vocational 14
rehabilitation services” to mean any goods and services necessary to prepare a 15
person who is blind or an individual with a disability, as appropriate, to engage in 16
competitive integrated employment or to determine the rehabilitation potential of 17
such a person. Sections 8 and 26-28 of this bill amend the definitions of certain 18
related terms. Sections 9 and 33-35 of this bill revise which entities perform 19
certain duties relating to vocational rehabilitation services. 20
Federal regulations require the state unit responsible for administering 21
vocational rehabilitation services to develop and maintain written policies covering 22
the nature and scope of each such service and the criteria under which each service 23
is provided. (34 C.F.R. § 361.50) Sections 6 and 22 of this bill authorize the 24
Division to adopt, amend and repeal such policies at a public meeting. Section 17 25
of this bill provides that the adoption, amendment and repeal of such policies is not 26
subject to the standard rulemaking process. 27
Section 10 of this bill requires the Bureau of Services to Persons Who Are 28
Blind or Visually Impaired to provide vocational rehabilitation services to any 29
person who is blind, including any such person who is eligible to receive such 30
services under an agreement with the Federal Government, another state, certain 31
territories or an Indian tribe. Sections 30-32 of this bill make similar revisions 32
concerning the duties of the Bureau of Vocational Rehabilitation. 33
Existing law requires the Division to direct the Bureau of Services to Persons 34
Who Are Blind or Visually Impaired to adopt administrative regulations to enforce 35
provisions of law concerning the provision of services for persons who are blind. 36
(NRS 426.560) Section 11 of this bill makes slight revisions concerning those 37
regulations. 38
Sections 12 and 23 of this bill require the Bureau of Services to Persons Who 39
Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation to 40
employ persons skilled in the vocational rehabilitation of persons who are blind or 41
individuals with disabilities, as appropriate, to allow such persons or individuals to 42
engage in competitive integrated employment. 43
Sections 13 and 40 of this bill: (1) expressly prov